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LINDABR

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Posts posted by LINDABR

  1. 22 hours ago, zwrouse said:

    Info:

    • I am a US citizen married to a non-citizen w/ no dependents.
    • She came in legally on a student visa and has overstayed her OPT visa by ~1 month.
    • I have already filed an I-130 petition online. 
    • I am wanting to mail in an I-485 package ASAP.
    • After discussing the situation with the USCIS helpline (as a hypothetical...) they said that to file for AOS you need to be in the country with a currently valid status and that she would need to leave the country in order to apply for AOS.

     

    Numerous online resources have explained to us that it is fine to file AOS for a spouse while overstaying a valid visa. Is this the case? Has something changed?

     

    Do we need to file BOTH I-130 and I-485 at the same time to do so?

     

    I'd like to know with as much certainty as possible, especially since the I-485 filing fee is so massive! 

     

    Thank you for any help you can give.

    No problem if she is overstay once you are U.S Citizen. Go head and apply I-435 and others forms.

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