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Canadian passport expires while applying for AOS

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Hi there!

I entered the US on my K-1 visa and married my husband. We are sending out our application for my green card this week, however, my Canadian passport has just expired last week. I'm kind of panicking. What do I do? Do I have to apply for AOS before renewing my passport? Or do I have to apply for my passport before AOS? My visa expired in October but we had no funds to pay the fees, so that's why we've waited so long. I'm really worried and have no idea what order to do this in. Does anyone have experience in the matter?


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Perhaps someone with more expertise will chime in but as far as my own experience shows, your passport always has to be valid in order for any changes in status to take place. Tourist visas are not given by most countries unless the passport is valid 3 - 6 months beyond the visa expiration. It stands to reason the same would apply to AOS. Why not call USCIS and ask?

An additional question: you say your visa expired in October 2014. Have you been in the US since then out of status?

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Your passport does not need to be unexpired to file for AOS. You can even use the expired passport as ID to enter the USCIS office when you get your biometrics done. Go ahead and file, and research about how to renew your passport from inside the US.

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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..entered the USA on a K1 fiance visa March 31, 2015..

.. April 18 got married

.. April 22 applied for EAD, AP, and AOS

.. AUG 3 Received EAD card

.. Aug 4 applied for SS number

.. Aug 10 received AP card

.. Sept 17 travelling back to Canada to visit my family for 14 days..


SO here's my question...

" how to I go about getting a NEW VALID passport while I am in Canada ? I read that with my pending AOS status , my last name change and that BIOMETRICS page put in by the US CONSULATE that I can't do a renewal. I have to do a whole new application . My concern is that Biometrics page, the fact that I have to give them my expiring passport and the time it's gonna take to process it..I only have 2 weeks...

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