I-485

[Guest NEWONES]

Hi everyone, I am new to this board and have a question about filing the I-485. When should I be doing this? We got married since 10/2003 and don't know when we should be filing it. Does it have a time limit as to when my wife can stay in the US after the marriage? Thank you so much for all your helps.

[Trigg]

I was under the impression the K1 visa was only good for 90 days. Before 90 days is up you must get married and file for AOS. It looks like you have waited a bit long. I am sure you must marry within 90 days. I am not 100% sure must file AOS (I-485) wihtin the 90 day timeline.

[se_lang]

I thought it was you had 90 days to get married then AOS at will, but I could be wrong.

[frank1538]

This issue has come up a number of times, and I'm not sure there's a good answer. If your wife entered on a K-1 visa and you got married within 90 days but you failed to file the I-485 within the 90 days, I think she is technically "undocumented". If this is your situation I would double check with a good immigration lawyer on whether filing the I-485 now will create a problem, but, in some fashion, you should take steps to document her change in status from a nonimmigrant (K-1) to a conditional permanent resident.

 

If you wife entered on a K-3, I think this visa is good for 2 years, but I know little about what needs to be done after entry into the US. Maybe others on this board with K-3 experience can shed some light.

[keelec]

Hello & Welcome.

 

Hopefully you will get some good ideas here without too much confusion.

 

From what you are posting, it sounds like you had filed an I-129F to sponsor your fiancee on a K1 visa. She came to the USA on a 90 day visa and you got married.

 

I believe that you also need to file the I-485 AOS within the 90 days too.

 

Now, this being June, and you getting married in October it sounds like it could potentially be a problem.

 

However, I believe that one can "overstay" most visas (tourist, student, and etc) up to 6 months without significant penalty for future applications.

 

However, K1 may be a different beast, and if you are approaching 9 months after she arrived in the USA, you probably should consult an attorney ASAP.

 

Or, now that the delay has already occurred, at least fill out all of the paperwork this week and hand deliver it to a USCIS/BCIS office by the end of this week and brace yourself to deal with whatever comes up.

 

If she came here on a temporary worker visa or some other visa, then you should file for AOS as soon as possible too (I am not sure what the procedure for that would be), but you might as well get it started sooner than later.

 

----- Clifford -----

[Guest hakkamike]

Darrell and Frank are pretty much right, IF they came over on a K1 Visa, get married within 90 days, and then file the I485 ect, no where does it say that you have to do the both which is get married and file for your AOS within 90 days. Please Read the I-485 Form Filing Instructions.

Later, Michael Perez