Question on DS Form expiration and I-130/I-485 timing

[KB115 0]

Hello everyone,

 

i just wanted to say thank you for the wealth of knowledge and the help you’re all providing, it’s awesome! Here’s my situation:

 

I am a US citizen and my girlfriend is on a J-1 visa. She got an extension on that with a new DS Form that expires at the end of March, but her au pair program got her a plane ticket at end of April to go back home. She will not be using this plane ticket to go back home since we plan on getting her into AOS. 

 

She does not have the two year requirement to go home to share her experiences and we are getting married here in a few weeks. We have been dating for about 6 months so it was never her intention to get married during her stay on her J-1. 

 

All that said, we would like as much time as possible to prepare our documents when we joint file the I-130 and I-485. Do those forms have to be submitted before her DS Form expiration at the end of March or do we have some time afterward to complete them? 

 

Currently I’m seeing that she won’t be flagged for an overstay until it’s 180 days after her expiration but I want to verify that that information is correct. Will filing after the expiration hurt our case at all or is it okay since we will be married before the expiration? Please advise, thank you!

Edited March 1, 2018 by KB115
Added more info

[azblk 338]

As the spouse of a US citizen - an overstay of any length is not a bar to AOS status as long as she does not leave the country. You can get married and file anytime. Just remember that marriage in itself doesnt give any immigration benefit. You still hve to file the papers.

 

http://www.visajourney.com/content/i130guide2