QUESTION
What happens if my I-20 expires Jan. 19th 2013, but I am married to a US citizen, would it affect my AOS?
Asked on Jan 16th, 2013 on Immigration - Colorado
More details to this question:
I, well my wife, won't be able to file for my green card until about a week AFTER my I-20 expires. What's the significance of that? Would she still be able to adjust my status?
4 ANSWERS
No, you are ok to file for adjustment of status if it is based on marriage to a US citizen even if it is after the I-94 is expired. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jan 24th, 2013 at 1:13 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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Should not be a problem. You can file even when you are out of status without any penalty.
Answered on Jan 19th, 2013 at 1:25 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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Your wife can file the I-130 petition at the same time you file the I-485 application. The date on your I-20 will not matter.
Answered on Jan 19th, 2013 at 1:25 AM
Your wife can still file for a green card after her I-20 expired. The expiration of her status does not affect her ability to become a permanent resident as your spouse.
Answered on Jan 19th, 2013 at 1:25 AM