Simple K1 filing question - how soon must the I-485 be filed

[Balamban 113]

K-1, married July5th.

 

What is the deadline for filing the I-485 and paying for it?  I knew that we must marry w/in 90 days and we did.

 

How does one determine the latest date to file (and yes I realize very well that filing sooner is wiser)

 

Thanks

[Mimicherie 142]

I, too, want to know the answer to this question.

[Crazy Cat 42,358]

You should file AOS prior to the new spouse's I-94 expiration (90 day).  Failure to do so will result in the spouse being out of status and subject to deportation.  Having said that, some people have waited months and years to file.........there have been a few posters who said that ICE has warned them.

Edited August 3, 2018 by missileman

[Going through 5,671]

There is no minimum nor maximum time to wait.  As noted though, you are out of legal status and subject to deportation at any time before filing the AOS.

Always safer to file sooner rather than later.

Edited August 3, 2018 by Going through

[dandk 72]

Like others already stated, there is no dateline to file and your spouse is subject to deportation after I-94 expired (out of status). If you decided to file AOS after 2 years of marriage, then you need to file I-130 and I-485.

[p-ana 933]

12 minutes ago, dandk said:

Like others already stated, there is no dateline to file and your spouse is subject to deportation after I-94 expired (out of status). If you decided to file AOS after 2 years of marriage, then you need to file I-130 and I-485.

If one came on a k1 and got married within the 90 days of entry, they do not need to file i130, no matter how long they wait

[Unlockable 7,315]

1 hour ago, Balamban said:

K-1, married July5th.

 

What is the deadline for filing the I-485 and paying for it?  I knew that we must marry w/in 90 days and we did.

 

How does one determine the latest date to file (and yes I realize very well that filing sooner is wiser)

 

Thanks

 

1 hour ago, gsdc23 said:

I, too, want to know the answer to this question.

You have already been given the right answers but let me offer some helpful advice. Learn the process completely from beginning to end so you can be ahead of the ball for each step instead of wondering what is next. Learn everything  up to being sworn in to become a citizen. This is especially helpful for timelines and fees so you can plan accordingly.

 

We have seen too many times...

• people not being able to afford the fees because they didn’t know it would be so much
• people planning to leave (or have already left) the US without knowing they needed AP
• people being in financial distress because they didn’t know work authorization was taking months
• people scrambling at the last minute to gather documents and evidence because their filing deadline is fast approaching 

VJ has guides and tips for every step of the process and all it takes is some time to read and learn. You should be well versed in what the next step will before the step is even close.

 

Hope this helps

Edited August 3, 2018 by NuestraUnion

[Nitas_man 3,100]

3 hours ago, Balamban said:

K-1, married July5th.

 

What is the deadline for filing the I-485 and paying for it?  I knew that we must marry w/in 90 days and we did.

 

How does one determine the latest date to file (and yes I realize very well that filing sooner is wiser)

 

Thanks

There is no deadline but as shared earlier your wife is in a gray area in regards to her immigration status. 

 

In addition - she probably can't work, probably can't get a drivers license, probably won't be able to travel, probably will be isolated - this is the worst time for a newcomer.  The first few months is difficult enough - spending it helping her get integrated into the US culture and community by getting her into legal status ASAP is an investment that you won't regret.

[Balamban 113]

Let's see if I got this right... to "probably" be in best standing, one "probably" ought to file such that the I-485 is done by or prior to the expiration date of the K-1 visa in her passport.

 

Easy question, easy answer(s)....probably.

 

Thanks everyone!

[p-ana 933]

2 hours ago, Balamban said:

Let's see if I got this right... to "probably" be in best standing, one "probably" ought to file such that the I-485 is done by or prior to the expiration date of the K-1 visa in her passport.

 

Easy question, easy answer(s)....probably.

 

Thanks everyone!

No. The expiration date on the k1 visa in her passport was only a date for her to enter the US. Once she entered, that visa is used and no longer matters. She received an i94 which authorized her to stay 90 days, whenever the i94 states, that’s the date you should be going for. It’s best to file the i485 before the 90 days are up, so she won’t be here illegally, be unable to do all the things previously mentioned, etc.

[Lucky2Lucky 2,526]

Best to do it sooner rather than later. The sooner you do it the sooner you will be able to work and complete the next part of the process (eventually removal of conditions) and citizenship if you so choose.

[TNJ17 1,329]

File ASAP. Why would you wanna live in limbo if you can avoid it? No driver’s, no job, no international travel, always in fear that someone is gonna come for you. 

[Crazy Cat 42,358]

12 hours ago, Balamban said:

Let's see if I got this right... to "probably" be in best standing, one "probably" ought to file such that the I-485 is done by or prior to the expiration date of the K-1 visa in her passport.

 

Easy question, easy answer(s)....probably.

 

Thanks everyone!

Actually, to definitely be in the best standing, one should marry, file AOS, file EAD, and file AP within 90 days of the K-1 spouse's entry into the US.  Not only does it provide "authorized stay" status for the new immigrant as soon as AOS is filed, it also ensures the period of "being in limbo" is as short as possible.  Some people have reported problems getting bank accounts, driver's licenses, social security cards, and more between K-1 marriage and issuance of the Green Card.

Good luck to you and your wife.