Being able to legally reside in America while waiting for your green card?

[NYCNLC]

I understand that a person going through AOS can legally remain in the USA during the process. But what is the indicator that tells us that legal period has begun? When the credit card payments go through? When I have a case number?

How do I know when this period of legality begins?

This is important because we plan to concurrently mail I-130 and I-485 at the start of October but my spouses visa will expire mid October. She is already in the country and entered legally on a J-1 visa last year.

[newacct]

It is the date when the I-485 is officially received, i.e. the "Received Date" on the receipt. Before you get the receipt, you are not sure of what the Received Date will be, but it shouldn't take more than a few days for USCIS to officially receive it after the mail gets there.

Also, are you a US citizen or permanent resident? If you are a US citizen, your spouse is in the Immediate Relative category and don't need to be in status to file I-485 -- she could have overstayed for years and it would make no difference. But if you are a permanent resident, then she does need to be in status (and have never been out of status) in order to file I-485. Also, visa and status are different -- US visas are only for entry and the visa expiration date has nothing to do with whether she is in status.

Also, check to make sure her J1 doesn't have a 2-year home residency requirement.