Applying for I-485 after I-94 expired

[abrahambueno 14]

Hi! 

So I am getting worried because based on countless research I had done, I had the belief that once my fiance got here on a K1 visa, we had 90 days to get married and then we could apply for her adjustment at our earliest convivence. However, upon more research, it does not look like this is the case at all. We got married the same week she arrived in the U.S. but I have not filed her AOS yet. Due to Covid and her pregnancy, its been a bit of a struggle to get the $1225 for the filing and biometrics fee. However, her I-94 expired 12 Dec 2021. I know I can save up enough to file her AOS in Feb, but I just don't want any possibility of her having to return home, especially since she is due within 2 months. Will there be any problem when filing her I-485? 

[Crazy Cat 41,984]

Just file as soon as you can.  Once she files a proper I-485, she will be granted authorized stay in the US while the case is pending.  There is no reason to worry.

Edited January 31, 2021 by Lucky Cat

[abrahambueno 14]

8 minutes ago, Lucky Cat said:

Just file as soon as you can.  Once she files a proper I-485, she will be granted authorized stay in the US while the case is pending.  

Thank you! 

[Dashinka 24,635]

Technically there is no deadline to filing the AOS from a K1 marriage.  Some people wait for whatever reason.  Most folks here will recommend filing within the I94 period but it is not a hard requirement.  In a worst case scenario, even if someone was put in removal proceedings, an Immigration Judge would most likely toss the case if the AOS is filed.

 

I agree with @Lucky Cat, file when you can and try not to worry so much about it.

 

Good Luck!

[abrahambueno 14]

2 minutes ago, Dashinka said:

Technically there is no deadline to filing the AOS from a K1 marriage.  Some people wait for whatever reason.  Most folks here will recommend filing within the I94 period but it is not a hard requirement.  In a worst case scenario, even if someone was put in removal proceedings, an Immigration Judge would most likely toss the case if the AOS is filed.

 

I agree with @Lucky Cat, file when you can and try not to worry so much about it.

 

Good Luck!

Thank  you very much for the reply! I feel much better now!

[Crazy Cat 41,984]

Just now, abrahambueno said:

Thank  you very much for the reply! I feel much better now!

There really are no benefits in waiting to file for adjustment of status.  I would file as soon as I could.  Good Luck.

[JFH 12,190]

What’s done is done. She is out of status now because her I-94 expired in December. But the chances of anything negative happening are slim. The authorities have bigger fish to fry when it comes to deportations than a law-abiding spouse of a USC who is a month late in filing for AOS.

 

Should you have planned better for the cost of AOS? Arguably yes. But that can’t be undone now so no point worrying about that. 

[Ed&Midori1031 330]

1 hour ago, abrahambueno said:

Hi! 

So I am getting worried because based on countless research I had done, I had the belief that once my fiance got here on a K1 visa, we had 90 days to get married and then we could apply for her adjustment at our earliest convivence. However, upon more research, it does not look like this is the case at all. We got married the same week she arrived in the U.S. but I have not filed her AOS yet. Due to Covid and her pregnancy, its been a bit of a struggle to get the $1225 for the filing and biometrics fee. However, her I-94 expired 12 Dec 2021. I know I can save up enough to file her AOS in Feb, but I just don't want any possibility of her having to return home, especially since she is due within 2 months. Will there be any problem when filing her I-485? 

File as soon as you can, but they not to stress about it.  There have been couples who waited years, yes years, to file for AOS.  Not suggesting it at all of course.  I filed for my wife 3 months after we got married. 

[Scandi 4,173]

There's a difference between USCIS' rules an the police force/ICE rules.

 

Regarding USCIS you can wait forever to file AOS.

 

Regarding ICE, they can detain and deport anybody who doesn't have legal status/stay in the US.

 

So yeah, it's true that you're not required to file for AOS within your allowed 90 day stay, but it doesn't mean you can't end up in trouble with other agencies if you're out of status. 

Edited January 31, 2021 by Scandi

[Regdkp 53]

Yes, file ASAP and get everything right in the first go; meaning all the correct versions of the forms, and everything as accurate as possible. Provide all the necessary supporting documents. Once you have the NOAs in hand, as a caution carry a copy of them while your spouse is leaving the house ( This is just a suggestion, there is no need. I did that by keeping the copies in all the cars in the household, just in case if I am stopped for any traffic violation or just random questioning, although I submitted everything on time and have a valid driver's license). 

 

You don't have to worry about anything else, just enjoy your married life and be ready for the baby. Meanwhile, keep a tab on your case via online status monitoring and keep an eye on the mailbox. Her out of status in not a big deal, as she entered the country on a valid visa and thorough inspection at the border.