AOS Question - when is I-485 considered 'filed'.

[jlhlj58 0]

I have a technical question about what is considered to be the filing date of the I-485 Adjustment of Status. I hope our situation is just going to be a minor issue, but you never know about government agencies and how rules are interpreted.

Mayet arrived September 1, 2008, K-1 visa status. The Visa experiation date was November 30, 2008. We were married on October 9, 2008, well within the 90-day period. The I-485 package was sent via UPS, Next Day delivery to the address listed for couriers (per the I-485 Instructions) on Tuesday, November 25, 2008; it was delivered and signed for November 26, 2008, at 9:45 a.m. Chicago time, the 86th day of the 90 days on the Visa. The next day (day 87 of 90) was Thanksgiving (Nov. 27), a federal holiday, and Friday (Nov. 28) (day 88 of 90) is one of those days when a lot of federal and state agencies close even though the date is not actually a recognized holiday. The next day (day 89 of 90) was Saturday (Nov. 29), probably no federal agency work being done, and then Sunday (day 90) so all agencies are again closed.

The I-485 was accompanied by a personal check, which has not been cashed yet by DHS. My concern is that maybe the I-485 was laid somebody's desk in the midst of the Thanksgiving Holiday and then the week-end, and didn't get receipted until after Nov. 30. I hated to wait until the last minute, but it was necessary in order to come up with the filing fee, which put a really big hit on the wallet.

The K-1 visa rules don't really mandate that the I-485 be filed at any specific time, only that the marriage take place within 90 days. And the 485 package was in DHS hands within the 90 days on the Visa. So the question is, when is the I-485 considered "filed" ?

If anybody has any insight about this, it would really be appreciated.

[YuAndDan 153]

Firstly, you need to marry within the time allotted on the I-94 card, you did that. Many due to several reasons file AOS well after I-94 expiration, this is NOT a problem, reasons like waiting for better financial situation for the required I-864, or having to wait some time to get a marriage cert.

Second: The visa expiration date is the date that the visa must be used to enter the USA, nothing else, it has nothing to do with time for marriage or when can apply for SSN, or when to file AOS by, the visa is VOIDED the moment it is used to enter the USA. The I-94 card in passport determines the deadline for marriage, and when the person will go out of status.

It is considered to be filed when USCIS "receives" it.

You are NOW AOS Pending, how about updating profile? http://www.visajourney.com/forums/index.ph...rCP&CODE=01

http://www.visajourney.com/timeline/profile.php?id=32422

Edited December 8, 2008 by YuAndDan

[Fuzzymiss 2]

Isn't it when you receive an NOA for the forms you submitted? I just assumed that was when you were filed and officially pending.

[Dakine 26]

Isn't it when you receive an NOA for the forms you submitted? I just assumed that was when you were filed and officially pending.

As Yu and Dan stated! No need woory about an expiration date for K1s to file for AOS. Sooner the better tho as you'll get permission to work and travel all the sooner.

[Otto 83]

Isn't it when you receive an NOA for the forms you submitted? I just assumed that was when you were filed and officially pending.

When they receive the file/petition is the date it was filed - regardless when a NOA is issued since they seem to not send these on a timely basis.

[danielbro 0]

When I sent the I-485 packages to Chicago for my wife and daughter they were signed for on May 14, 2008. The date on the NOA was the same. The NOA was just the received NOA letter. It was mailed on May 19, 2008.

Keep your receipt on the delivery date just in case someone did not so thier job. You have proof the package was received befor the 90 days.

Dan

[TayRivers 4]

YOU DO NOT HAVE TO FILE FOR AOS BEFORE THE 90 DAYS ALLOWED ON THE I-94, AS LONG AS YOU GOT MARRIED WITHIN THE 90 DAYS YOU CAN FILE FOR AOS WHEN EVER YOU LIKE.

Some want to get the EAD as soon as possible so want to file quickly. Some have to wait until they have the marriage certificate. Some have to wait because they need time to gather the fee.

Stop panicing.