I-485 filing deadline

[Robert Lightfoot 0]

My fiance arrived on K-1 visa on October 30, 2008. We married on November 17, 2008. Well within the 90 days.

I have all the necessary documents for the I-485 package, yet fee funds ($1,010) have not been readily available.

My question is this: What is the filing deadline for the I-485, if there is one?

Is it based on the 90 days to marry, or the expiration of her visa, which 180 days after issuance?

I-94: Admitted October 30, 2008/K-1 Class until January 29, 2009 (stamped at POE).

I really want to avoid any delays or penalties.

I know to avoid delays is to file ASAP, yet again, funds will be available about the same time as the "90 days to marry" time is up, Jan. 29, 2009.

Yet her K-1 Visa expires in April (Issued Oct 8, 2008/Expires April 6, 2009), 180 days after issuance.

Funds will be available on or about January 27, 2009, 2 days before the I-94 expires(?).

Does the postmark of the I-485 package count, if the "90 day to marry" applies, and if I were to mail on January 28, 2009, one day before I-94 states K-1 class expires(?)?

Or will the expiration date on the visa (April 6, 2009) be the factor here in determining the I-485 filing deadline?

Thanks for the info.

[payxibka 10,045]

visa expiration is meaningless.... after I-94 expires the alien begins accruing out of status time....no official deadline but the sooner the better

[Kez/JWolf 6]

As long as you were married within the 90 days from entry on the K1 then you are ok. You can file at anytime after you are married, you DO NOT have to file before the 90 days expire and the expiry date of the K1 is void as it is a one time entry visa and then is of little use. Just make sure you have everything you are required to include and then mail the application when you can. Some people have filed before the 90 days are up and many many more have filed within 3 months of the 90 days expiring and a few have waited over a year.

[YuAndDan 153]

Question asked on a daily basis, it is the first in the FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Visa expiration has to do with when it can be used to enter the USA, nothing more. The I-94 expiration date is the date by which you need to marry. Many file AOS after I-94 expires due to many reasons, this has not caused any problems.

[BTalley 0]

I'm kicking myself for not getting married/filing sooner.

Svetlana arrived Oct. 22. We were married on Dec. 22 and sent AOS package on Jan. 13 by Express Mail. Checked online, and it says package was delivered and signed for the next morning.

But because her visa expired on Jan. 20, the Florida DMV would not let her take her road test for a driver's license.

Their reasoning: "Visa has expired, and we need some piece of paper to send to Tallahassee to show that you are a legal resident." We do not have this paper yet because we have not received our AOS recept from USCIS.

So now we are in limbo. Very uncomfortable limbo.

[Robert Lightfoot 0]

Thanks for the helpful info.

We are ease now.

Best regards.