i-485 and expired passport

[runwindows]

Hello,

I am currently an F-1 Student in the US married to an American.
I am almost ready to file my i-485. I have all the documents ready to be filed.

My passport has expired on the 23/02/05 and I have filed with the embassy to get it exchanged but I am still waiting on my passport.

My allowed stay in US will expire on 31/05/05.

1. i-485 only says a copy of a passport page with visa should be filed. What about the passport itself?

2. As soon as I file for I-485, can I still say in the country past my allowed stay.

Thanks.

 

[NBC_June04]

Hello,

I am currently an F-1 Student in the US married to an American.
I am almost ready to file my i-485. I have all the documents ready to be filed.

My passport has expired on the 23/02/05 and I have filed with the embassy to get it exchanged but I am still waiting on my passport.

My allowed stay in US will expire on 31/05/05.

1. i-485 only says a copy of a passport page with visa should be filed. What about the passport itself?

2. As soon as I file for I-485, can I still say in the country past my allowed stay.

Thanks.

1 - As far as your passport, they want to see evidence that you entered legally the country - that's why the most important is to send page with visa and front and back of I-94. You should submit front page of passport as weel in my opinion.
Do not surrender I-94 - that's probably the most important evidence of legal entry. My interviewing officer checked my I-94 number and didn't even look at the visa.
It's mandatory to keep the copies of your visa and stamped pages on passport as well when you renew it.


2-
You are safe to file for AOS since you are still in status until May (also within 6 months after the expiry of your status). However it's advisable to file before it expires. I would say NOW or ASAP. After your present status expires your status will be "Applicant to Adjust Status" and you are legally in the country up till the interview when your AOS will be either approved or denied respectively a green card will or won't be granted.
I was in the same situation with J1

**** **** Make sure you put all required docs as per the instructions in each form, cause you don't want to receive Request of Evidence later because of missing docs. +++ The applicable fees

 

[TheRealCanadian]

You are safe to file for AOS since you are still in status until May (also within 6 months after the expiry of your status).

She's going to be family-based, so 245k doesn't apply. However, since she's an immediate relative, she could be out of status and illegally present for 30 years and still be able to file the I-485.

Don't rush, make sure the filing is done right.