Confusion about mainataining status..

[jamesbond911]

I recently became a US citizen and wanted to file the AOS package for my wife. She is currently on a student visa which will expire in Jan '2004. If I file for her in the next few days, does she need to maintain her own individual status after her student visa expires? Does mere filing ensure legal stay without maintaining status?
Or do we need to wait till we get the receipt from the INS that her application is under consideration?

Could anyone please clarify this..

 

[mgh2001]

Non-frivolous filing of a valid I-485 application means the applicant (beneficiary) is in a period of authorized stay. This starts when the application is received by BCIS (receipt or filing date).

Having a receipt is a technicality, however best to have this as this is the only proof you'll have that an application has been filed with BCIS. Your spouse shoudl get a receipt within 4-6 weeks, so she should be ok. But save a copy of the fedex, or do certified receipt.

Also keep in mind, expiration of student visa does not mean one goes out of status (alternatively, just because one has a visa does not mean one is in status). Student status is determined by I-94 notation (which is usuall D/S or duration of study) plus the student must attend full time, the school for which I-20 was approved etc..