Time Permitted To File I 485

[wizzard166 0]

My wife an I began our journey on this site, and I'm happy to say we will celebrate our 7th wedding anniversary this Friday July 8. I'm writing this in an effort to help a friend of my wife, who is in a not so great situation.

The friend was brought to the US from the Philippines on a Fiance Visa. The guy shows many indications of just having brought her here for some fun, without any real indications of a long term marriage. He did marry her within the first month, but has not agreed to file for a green card or a work permit. He keeps her in the house without food, brings home small amounts of something to eat at night, never takes her out, asks for any money she has gotten by babysitting for a friend, and is nasty to her. He sounds like a true gem. She has asked him to file her papers, and he tells her he doesnt have the money; despite the fact, that he has a decent job, plays golf weekly, and just bought his daughter a $200 purse.

I tried to look up rules tonight regarding when the application for Green Card must be filed after the marriage, and also trying to learn if she could file it herself (if she is loaned the money). From the application it seems to me like it is technically filled out by the K1 Fiance Visa spouse who was brought here, and perhaps she can file it without him. I can't see anything regarding amount of time they have to file the I 485, before it might be too late to do so.

The poor woman wants a life with someone who actually cares about her, and is considering running away to another city where she has relatives. I would hope she could get a Green Card first before doing something like that.

Is there a time limit to file the I 485, before her right to do so expires. Can she file it herself, without his help or awareness?

[aratamorne 165]

This sounds like abuse. She needs to contact the authorities ( http://icwclaw.org/services-available/violence-against-women-act-vawa/ )and the Philippines Embassy for assistance. From the description, it sounds like she was brought here under false pretenses.

Good Luck

[aleful 1,905]

hi

there is no time limit, but she depends on her husband, she can't file by herself,

[aratamorne 165]

For the I-485, that is correct, however, she can petition for a VAWA waiver. If the above is true, it sounds like she is being isolated and suffering from abuse, both mental and economic. With the proper gathering of evidence, she can submit an I-360 Self-petition. That would get her the help she requires and get her work authorization to support herself as well.

[newacct 688]

The I-485 is filed by her but it requires an I-864 Affidavit of Support from the petitioner, so it cannot be done without the petitioner (unless it's a VAWA case). There is no time limit to file.

[wizzard166 0]

I appreciate all of the people who took the time to help us with this question. I'm still unclear on something.

The answers given indicate that there is no time period, within which the I485 must be submitted. If the marriage took place within the 90 days, do I understand this to mean that the Non Immigrant recipient of the K1 Visa can now stay in the US without a Green Card forever. If her husband refuses to file the I 485 based on not having the money, can our friend simply stay married to him and never get a Green Card?

This seems ridiculous to me. If there is no rule on when the I 485 must be filed, as the answers to my original question seem to indicate, then the woman this guy married could live here with no other legal documents ever being filed. She would never have an Adjustment of Status (I485) and then never have Removal of Conditions (I 751). Am I understanding this correctly, or is there something I'm missing?

[newacct 688]

I appreciate all of the people who took the time to help us with this question. I'm still unclear on something.

The answers given indicate that there is no time period, within which the I485 must be submitted. If the marriage took place within the 90 days, do I understand this to mean that the Non Immigrant recipient of the K1 Visa can now stay in the US without a Green Card forever. If her husband refuses to file the I 485 based on not having the money, can our friend simply stay married to him and never get a Green Card?

This seems ridiculous to me. If there is no rule on when the I 485 must be filed, as the answers to my original question seem to indicate, then the woman this guy married could live here with no other legal documents ever being filed. She would never have an Adjustment of Status (I485) and then never have Removal of Conditions (I 751). Am I understanding this correctly, or is there something I'm missing?

Well, no. Nobody said that she is authorized to stay in the US. Once the 90 day duration of her I-94 expires, she is out of status and is deportable at any time.

However, if she stays and hasn't yet been deported, she remains eligible to file I-485 no matter how long it's been. The I-485 filing doesn't require her to be in status.