Confused when to file for I-485

[VisaJourneyDude 0]

So I talked to USCIC and asked if there's a deadline when to file for I-485 after getting married to a K1. They said there isn't. I talked to another person and they said you have to file for I-485 before I-94 expires which is technically right before your marriage deadline (90 days). So, technically there is a deadline to file for I-485 right? I'm confused.

Edited June 4, 2013 by VisaJourneyDude

[KayDeeCee 4,896]

As long as you marry within the 90 days, you are eligible to file for AOS. There is no deadline. However, you want to do it as soon as possible because you will not be able to work, travel internationally and re-enter the US, and you will be out of status and accruing overstay once the I-94 expires. Many people have filed a few weeks or months after the I-94 had expired and had no problems.

[VisaJourneyDude 0]

As long as you marry within the 90 days, you are eligible to file for AOS. There is no deadline. However, you want to do it as soon as possible because you will not be able to work, travel internationally and re-enter the US, and you will be out of status and accruing overstay once the I-94 expires. Many people have filed a few weeks or months after the I-94 had expired and had no problems.

Thank you for the reply. We married before 90 days and it's already been 4 months that we been married. So you are saying she is here illegally? I didn't file I485 because it's going to cost me me 1,600.00 for her and her daughter and don't have that type of funding at the time. I will be filing next week since I have that funding now.

[Hypnos 6,578]

Yes; if the I-485 is not filed by the date the I-94 expires then the alien(s) begin to accrue illegal presence, are in the US without authorisation, and are deportable (so could theoretically be detained by ICE).

There is a widespread but incorrect belief that K-1s are somehow "protected" simply by virtue of their marriage to a US citizen. This is not the case, and getting married within the 90 days only gives them standing to be able to file for AoS (and even marriage beyond the 90 days gives them this standing, they just need to file an I-130 in addition, provided they marry their original petitioner).

Edited June 4, 2013 by Hypnos

[VisaJourneyDude 0]

Yes; if the I-485 is not filed by the date the I-94 expires then the alien(s) begin to accrue illegal presence, are in the US without authorisation, and are deportable (so could theoretically be detained by ICE).

There is a widespread but incorrect belief that K-1s are somehow "protected" simply by virtue of their marriage to a US citizen. This is not the case, and getting married within the 90 days only gives them standing to be able to file for AoS (and even marriage beyond the 90 days gives them this standing, they just need to file an I-130 in addition, provided they marry their original petitioner).

So how are illegal Mexicans with no documents are allowed to stay here?

[Hypnos 6,578]

By breaking the law.

[Penguin_ie 5,997]

So how are illegal Mexicans with no documents are allowed to stay here?

They are not. They simply have not been found yet/ have not caused enough troublew to make deportation worth the effort and cost.

It is very unlikely that even if the police give your wife a traffic ticket or similar, she would be deported- but it is theoretically possible.

[VisaJourneyDude 0]

They are not. They simply have not been found yet/ have not caused enough troublew to make deportation worth the effort and cost.

It is very unlikely that even if the police give your wife a traffic ticket or similar, she would be deported- but it is theoretically possible.

I would beg to differ there. I know someone who is illegal with a car, no drivers license, no insurance no nothing. I blew the whistle on them and they are still here. ICE is not doing anything about it.

My wife has a driver's license and a social security card with also an expired I-94. I really don't know how anyone could have these documents with an expired I-94

[didopage 337]

There are 11 million "undocumented" immigrants in the US. It's not that simple to deport them all...

Even if your wife arrived legally, she has no legal status right now. Unless some other illegal aliens, she has the possibility to legally adjust her status and her overstay will be forgiven. File for AOS as soon as possible, her status will be protected while her AOS is pending adjudication.

[VisaJourneyDude 0]

There are 11 million "undocumented" immigrants in the US. It's not that simple to deport them all...

Even if your wife arrived legally, she has no legal status right now. Unless some other illegal aliens, she has the possibility to legally adjust her status and her overstay will be forgiven. File for AOS as soon as possible, her status will be protected while her AOS is pending adjudication.

Thank you for your response. When you file for I-485. What documentation do you get for proof that you did file?

[KayDeeCee 4,896]

Thank you for your response. When you file for I-485. What documentation do you get for proof that you did file?

The NOA receipt notice from filing. Once you file she will be in a new period of authorized stay and she will stop accruing overstay time.

There is only a small chance she could be detained, but it is there. I think people were just alerting you to that. I doubt an immigration judge would have her deported if she was detained, since she is eligible to file for AOS. There have many discussions on VJ about this very topic. You could probably do a search here and find much more detailed info about it.

[VisaJourneyDude 0]

Everyone who replied are awesome. I appreciate everyone's response. I wish I can take all of you out to lunch for all your help

[Pitaya 2,577]

Everyone who replied are awesome. I appreciate everyone's response. I wish I can take all of you out to lunch for all your help

How about instead of lunch, It helps everyone that uses the forum.

Good luck on your immigration journey.

Edited June 6, 2013 by A&B

[didopage 337]

Everyone who replied are awesome. I appreciate everyone's response. I wish I can take all of you out to lunch for all your help

Ooooh, that would be fun.