can i apply for change of status after my visa expires?

[ruslan]

Dear Allan Samson:

I originally came to US on J-1 visa (18 months) and later converted to B-1 (6 months). INS approved my new status and sent me and updated i-94 form.

I am going to marry a US citizen and apply for change of status, this time for permanent residence. But this may not happen very soon (probably next month or so as we need to prepare) but my B-1 visa is expiring at the end of this month.

Would INS tolerate the time gap between the date my visa expires and I apply for change of status to permanent residency? What is the best way to go about this?

Thanks beforehand for your kind advice.

Best regards,

Ruslan

[Allan Samson]

If you will marry and American citizen you do not have to worry if your B-1 has expired. (I LOVE TO GIVE GOOD NEWS) But you should be prepared at your interview to answer questions whether you had the preconceived intent to marry when you applied for your B-1. Good Luck, ALLAN SAMSON