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Posted

My fiance had her visa issued and it expire in August. Now, if she goes to the USA how long do I have to apply for her AOS? How long can she stay for? What happens if the Visa expires before I can file the AOS? Do I have to apply for the AOS before the Visa expires?

Filed: Citizen (apr) Country: Canada
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Posted
5 minutes ago, taysuz96$ said:

My fiance had her visa issued and it expire in August. Now, if she goes to the USA how long do I have to apply for her AOS? How long can she stay for? What happens if the Visa expires before I can file the AOS? Do I have to apply for the AOS before the Visa expires?

She has to enter the US before the expiry date.  It’s a one time use, so once she’s entered, the visa is effectively void.

 

She will be issued an I-94 for 90 days in which you must marry.  Also, best to apply for an SSN in that time (easier to do before getting married).

 

There is no actual time limit in which to file AOS but it’s prudent to do so before the expiry of the I-94, as she is out of status on day 91 and thus, legally deportable (unlikely, but still).  Also, with the wait times currently, the earlier you file the sooner she can work/travel.

 

As suggested above, you’re going to want to do a lot of research about this whole process, as your questions read as though you have no idea what happens next.  

Posted
22 minutes ago, taysuz96$ said:

My fiance had her visa issued and it expire in August. Now, if she goes to the USA how long do I have to apply for her AOS? How long can she stay for? What happens if the Visa expires before I can file the AOS? Do I have to apply for the AOS before the Visa expires?

Sounds like you have much reading and research to do.

Posted

You owe it to yourself and your fiancee to do your homework now before she comes over. Start with the guides (look up at the top blue bar on the left hand side) and do some reading. Then read the AOS section again! I went through a K1 a long time ago and did AOS without VJ, but it is totally doable if you put the time in now to find out as much as you can before you're running up against deadlines.

 
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