Filing AOS while on grace period after layoff

[sincerelystressed]

My fiancé was living in the US on an L1B visa (he is a Canadian citizen) and we were planning on filing for his marriage-based AOS after getting married next month (I am a US citizen). Unfortunately, he was laid off and has entered his 60-day grace period. I have several questions:

• Can he still apply for an AOS while he is on a grace period?
• What does he need to do if he doesn't get a receipt before the grace period concludes?
• Is there any benefit to us expediting our legal marriage?

Thanks in advance for the help!

[JoeF]

He is legal during the grace period, so he can file a marriage-based AOS just fine.

[newacct]

He is in status during his grace period. And in his category, he can apply for AOS no matter if he is in status or not.

[Attorney_22]

On 5/4/2023 at 5:05 PM, sincerelystressed said:

My fiancé was living in the US on an L1B visa (he is a Canadian citizen) and we were planning on filing for his marriage-based AOS after getting married next month (I am a US citizen). Unfortunately, he was laid off and has entered his 60-day grace period. I have several questions:

• Can he still apply for an AOS while he is on a grace period?
• What does he need to do if he doesn't get a receipt before the grace period concludes?
• Is there any benefit to us expediting our legal marriage?

Thanks in advance for the help!

The spouse of a U.S. citizen is the immediate relative category, this category does not require an individual to be in status at the time of filing an I-130/485.