i-485 application

[Babygyrl233 2]

my friend sent in a check for his wifes i-485 app, but he is afraid they will cash it before he gets paid and the payment will not clear. does anyone know what will happen if the payment doesnt clear with the uscis? he basically wants to know if they will also deny her application because of that. what should he do if the payment does not clear. i think he mailed it in a week ago.

[Ning 619]

my friend sent in a check for his wifes i-485 app, but he is afraid they will cash it before he gets paid and the payment will not clear. does anyone know what will happen if the payment doesnt clear with the uscis? he basically wants to know if they will also deny her application because of that. what should he do if the payment does not clear. i think he mailed it in a week ago.

If the check doesnt clear the petition is denied. He will have to begin again.

[Babygyrl233 2]

If the check doesnt clear the petition is denied. He will have to begin again.

and if the final filing date has passed. the three months i mean, will they make exceptions?

[Pitaya 2,577]

my friend sent in a check for his wifes i-485 app, but he is afraid they will cash it before he gets paid and the payment will not clear. does anyone know what will happen if the payment doesnt clear with the uscis? he basically wants to know if they will also deny her application because of that. what should he do if the payment does not clear. i think he mailed it in a week ago.

Refer to the I-485 instructions for details:

http://www.uscis.gov/files/form/i-485instr.pdf

[KayDeeCee 4,896]

and if the final filing date has passed. the three months i mean, will they make exceptions?

There is no 3 month filing date. There is no deadline to file for AOS. So long as they were married within the 90 days of the K-1 entry, then they are good.

[Babygyrl233 2]

There is no 3 month filing date. There is no deadline to file for AOS. So long as they were married within the 90 days of the K-1 entry, then they are good.

that's bananas. then why are people always saying file ASAP. his wifes visa expires December, so maybe he needs to file before then if he gets denied.

[Babygyrl233 2]

There is no 3 month filing date. There is no deadline to file for AOS. So long as they were married within the 90 days of the K-1 entry, then they are good.

actually it does have to be filed within the priority date. which is 3 months from the US entry date

[KayDeeCee 4,896]

that's bananas. then why are people always saying file ASAP. his wifes visa expires December, so maybe he needs to file before then if he gets denied.

The K-1 visa is a one time entry visa and became null and void when used to enter the US. The I-94 that is given at entry is what controls your status in the US. AOS does not have to be filed within 3 months. There is no deadline to file AOS. People are told to file ASAP because the foreign spouse cannot work, leave the US and re-enter, or get a license without filing for AOS and receiving their EAD/AP or green card. People file a few weeks or months after their I-94 has expired and they have no problems. Some people have filed years later.

This is discussed a lot on VJ. You can do a search on VJ on the topic and find many results. They will all state the same thing: There is no deadline to file for AOS, but you should do it as soon as you can.

[Pitaya 2,577]

The K-1 visa is a one time entry visa and became null and void when used to enter the US. The I-94 that is given at entry is what controls your status in the US. AOS does not have to be filed within 3 months. There is no deadline to file AOS. People are told to file ASAP because the foreign spouse cannot work, leave the US and re-enter, or get a license without filing for AOS and receiving their EAD/AP or green card. People file a few weeks or months after their I-94 has expired and they have no problems. Some people have filed years later.

This is discussed a lot on VJ. You can do a search on VJ on the topic and find many results. They will all state the same thing: There is no deadline to file for AOS, but you should do it as soon as you can.

We agree with Jay-Kay. As a matter of fact, we agreed so much that we filed our AOS packets approximately two weeks after our marriage.

From page 1 of the Form I-485 (Adjust Status application) instructions (emphasis added):

"3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry."

I am assuming that "your friend" is also using the K-1 visa, like yourself. Since you neglected to mention "your friend's" visa type.

We filed because we wanted to do it ASAP. My wife's elderly mother is in failing health. So my wife may need to use the AP document prior to her AOS interview, to visit her ailing mother.

Good luck on your immigration journey.

YMMV