What is the length of time USCIS need to process I-130, I-485 and G-325a Forms in order to change status/stop visa expiration?

My Fiancee and I have applied for a marriage licence. My B2 Visa expires on 11/21/09. We realise that we are running very short of time. If we were to get the application forms into USCIS two weeks or less before my Visa expiration date, would this be enough time to change my status/stop my visa expiration.
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Answers (2)

Karen-Lee Pollak

Karen-Lee Pollak Avvo Pro

Contributor Level 5
It is always preferable to file your adjustment papers before your visa expires. However, where your immigration application is based on marriage to a US citizen, you will still be able to attain a green card even if you have overstayed your visa.
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Sarah M. Cross

Sarah M. Cross

Contributor Level 6
Filing the adjustment of status will not stop the expiration of your visa. But, as the other attorney stated, you will still be eligible to adjust status even with an expired visa. However, as you entered into the States on a B2 visa, you are supposed to leave when it expires. If you fail to leave you are immediately deportable with no right to a hearing. If USCIS finds that your intent upon entry was to get married and remain in the US thereby bypassing US immigration laws, you could face deporation. You should get an experienced immigration attorney to file the paperwork for you so that you will not have any problems.

Sarah M. Cross
The Law Office of Sarah M. Cross
6984 Challis Rd
Brighton, MI 48116
800-681-2311 or 810-225-0953
www.lovevisas.com email sarahmaycross@aol.com
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