I-485 Visa Expiration Date

[NTNT 0]

Hello everybody,

I have a quick question. I am a J1 Visa holder currently in the USA not subject to the 2 year residency rule. My husband and I are going through the AOS process.

Some of the forms ask for the visa expiration date. Mine is 12/16/14 but I do have an extra month to remain legally in the country. Which date do I use? The expiration date on my visa or the date 1 month after my expiration date?

If it is the expiration date in the visa, will I still be able to do the AOS on my own? All of our paperwork is pretty much finish but not sure if we will make the visa expiration date excluding the extra month of allowed stay.

Thanks

[Penguin_ie 5,994]

**** Moving from CR- spousal visa to AOS from work/ student visa forum ****

[NancyNguyen 1,657]

Numbers on the visa

[NTNT 0]

What should be our next step since we will not be able to file before the visa expiration date? Any guidance would be greatly appreciated. Thanks.

[Hypnos 6,576]

Use the expiration date as printed on your visa.

If filing as an immediate relative of a US citizen (such as a spouse) then it does not matter if you file once out of status; you need only prove that you entered legally, even if that status has since lapsed.

This will be a non-issue, provided you don't leave it too long. Technically you are deportable as soon as you begin to accrue overstay, and could be detained by ICE, and (theoretically) deported.

Edited December 15, 2014 by Hypnos