Q: Does it matter if my visa expires March 25 and I get married April 9. Will my fiancé's I-130 & my I-485 form be accepted
Hi I'm from South Africa and game to America to be an Au pair (on a J-1 visa). I fell in love and I'm getting married and staying here. My J-1 visa expires March 25, 2016 but I get a one month grace period to stay in the United States after that and will get married in April 9. So I will still be legal when I get married but according to the I-130 and the I-485 they ask my visa expiration date and won't accept the petition when I'm not legal in the country and so hey will think I'm not legal anymore and there isn't an extra column where I can put in that I am allowed to stay another month. Do you know if that will matter or not?
A:
Do not worry, overstaying a visa is not a problem when applying for a green card. You came to the US with a legal visa so you should be fine. There are a lot of people who have overstayed their visas and apply for green cards. I do suggest you work with an immigration attorney to help you with this procedure. All the best.
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