f1aos AOS on expired F1 Visa

[Akimuu 0]

I was hoping to get advice and a second opinion.

 

My wife and I are starting the process for her AOS process from F-1 visa to green card but...

Her F-1 visa expires in a couple days but she is still maintaining her student status at her school and her i-20 is valid until December. 

We asked a lawyer online for advice and he says its fine to submit the i-485 after her F-1 expires. Is this true?

 

I am a US citizen and I already submitted my i-130 to be her sponsor. 

We still want to try to submit her i-485 before her F1 visa expires but wont be able to get the marriage certificate on time. We have the customer copy from getting our marriage license and civil ceremony but no certificate yet.

other than the marriage certificate we have all other documents.

 

Should we submit the i-485 with basically the receipt of the marriage license before her F1 expires or is it really ok to apply after her visa expires?

 

Thank you in advance for any help on this.

AM

[Chancy 6,241]

*** Moved from Student/Exchange Visitor Visas forum to AOS from Work/Student/Tourist Visas forum ***

 

34 minutes ago, Akimuu said:

Should we submit the i-485 with basically the receipt of the marriage license before her F1 expires or is it really ok to apply after her visa expires?

 

You should have submitted a valid marriage certificate with the I-130, but too late to worry about that now.  Anyway, because you are a US citizen, your wife may still file I-485 even after her F1 status expires.

 

[jackiegringa 419]

She should be in status until December due to her I-20, the F1 visa is for entry purposes only. I wouldn't worry about it too much, just send everything you need to USCIS.

Edited March 31, 2023 by jackiegringa