I-485 questions

[MikeXiao]

I have met someone who brought his GF and her daughter here on a K1. They married within the 90 day limit. It has now been 6 months and they have not filed the 485. Is there a time limit on filing the I485 after marriage? And, can the daughter be included on the I-485 with the mother, or is her's seperate (ie, double fees) ?

 

Thanks

[clayton2103]

Mike,

 

I can only answer one of your questions.

 

Here is what I found on VJ when asking nearly the same about when you should file the I-485 AOS:

 

Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

 

Perhaps there may be an extension that can be filed, but surely someone with more knowledge than myself will chime in shortly if there is.

 

Clayton

Edited May 21, 2008 by clayton2103 (see edit history)

[Randy W]

Mike,

 

I can only answer one of your questions.

 

Here is what I found on VJ when asking nearly the same about when you should file the I-485 AOS:

 

Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K-1 status expires, as indicated on the I-94.

 

Perhaps there may be an extension that can be filed, but surely someone with more knowledge than myself will chime in shortly if there is.

 

Clayton

 

No extension needed - there is no definitive time limit. Just get it in in a reasonable time period - say six months to a year max.

 

Yes the 90 days is a good guideline, but not necessary.

 

It's rare that someone would be denied at AOS for waiting too long to file, but don't push your luck. It's the VO at interview time who might use that as a factor.

Edited May 21, 2008 by Randy W (see edit history)

[clayton2103]

Lol...As stated, with more knowledge...hence: Randy W.

 

I stand corrected!

[MikeXiao]

OK I understand, but what about the fees? Have to pay fees for wife and daughter? ie $1010 for each or $1010 for both? I think it is the first, but need to ask.

 

Thanks

[samsong]

OK I understand, but what about the fees? Have to pay fees for wife and daughter? ie $1010 for each or $1010 for both? I think it is the first, but need to ask.

 

Thanks

Seperate fees for both, I'm afraid.

[MikeXiao]

That is what I thought. My wife's friend will not like that too much.