Is there a time frame I should be concerned about in filing the I-130 with the immigration? 5 Answers as of July 22, 2015

I'm a foreigner who recently married my american boyfriend. My visa entry expires on July 26, 2015.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
When did you enter the US last? How long after your date of entry as a tourist (if that's how you entered) did you get married?
Answer Applies to: California
Replied: 7/22/2015
Richard S. Kolomejec, Attorney at Law
Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
Nothing to worry about. You can file after your status expires without any penalty or delays in the process.
Answer Applies to: California
Replied: 7/21/2015
Alena Shautsova
Alena Shautsova | Alena Shautsova
No need to worry: once you filed for AOS, you can remain in the US even if your visa expires.
Answer Applies to: New York
Replied: 7/21/2015
Frazier, Soloway & Poorak, P.C.
Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
Generally, when a foreign national who has entered the U.S. lawfully and with inspection marries a U.S. citizen, the couple may file a combined I-130 and I-485 application package (with applications for an EAD and Advance Parole too), so that the foreign national may "adjust status" to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if the foreign national may have overstayed her visa (but in that event, she would not qualify for Advance Parole). If the foreign national overstays her visa, however, and if she were to come to the attention of immigration authorities, she would risk being placed in removal/deportation proceedings, with significantly more costs, delays and hardships. It would be wise to work with an immigration attorney for the adjustment of status application process.
Answer Applies to: Georgia
Replied: 7/21/2015
Morales & O'Connor, PLLC
Morales & O'Connor, PLLC | Myron Morales
It would be best to file before your current status expires. But, your intent at the time of entry is what is important. You should look at the 30/60/90 day rule.
Answer Applies to: Texas
Replied: 7/21/2015
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