Question about I-485

[Jatuke]

Is the deadline to mail the I-485 application before the 3-month fiancee visa period, or does BCIS have to process everything before the 3-month period? Or does that 3-month period only require marriage, which we've already done?

 

Anyone who has applied for the I-485, please advise. Thanks.

[Mick]

This is indeed a gray area Jatuke. I am not quite sure I understand the law completely. However, I can state from personal experience that BCIS will not have everything processed within three months. In our case, three months have passed and they haven't even begun.

 

My limited understanding is that for sure you have to get married within three months. Further, I would expect that you need to file AOS within three months of the entry date into the country. I think most folks have followed this pattern and I know we did. According to the person I spoke with at BCIS Info Line last week, the I-94 actually expires on the day a person gets married. How long one acutally has to file AOS is not clear. I have heard that some couples have waited up to a year to file. However, I would advise against this. I would recommend that you play it safe and file prior to the end of 90 days. You raise a good question. Does anyone know the actual law about this?

[Jatuke]

Thanks for the reply as always Mick.

[AngryTexan]

I was told by a board certified immigration attorney that the only requirement is that you marry within 90 days of her entry, and that the I-485 does not have to be filed within 90 days. However, I would NEVER take a chance on that, and I would make absolutely sure that your I-485 is filed within 90 days of entry. Call me paranoid, but I could see some bureaucrat somewhere deciding that it was not timely filed if past 90 days. And Mick, as usual, is absolutely right - this is a very murky area of the law.

Since we filed within 90 days, I did not bother to find the answer concerning how long you can wait, but I will attempt to do so and post my immigration attorney's response.

[wolf]

According to the FAQ from the GuangZhou Consulate page it says that a K-1 Visa is good for a period of 6 months, but the marriage most be in 89 days of entry. But everyone is right about this being a gray area, because this is the same sheet they had before 9/11.

Even many of the questions that they ask our Fiancee's to fill out on the DS-156 and DS-156K are very gray.

[wolf]

Thanks Donahso, for clearing that up. Now that you mention it, yes I remember reading that somewhere. I am getting real confused with so many different time lines for everything.