Time limit to file I-485?

[Lyle L 0]

 Wife came here on a Fiancée Visa in December 2009. . We married in 2010. Through issues in life, covid, her being hospitalized with medical issues, I did not file her I-485. I am hoping after this long it will still be no issue. She is out of status. Marriage is still great. Any suggestions besides get it done. Do i need an attorney at this point. My only fear is the time frame of me not filing the I-485. I was understanding there was no legal time frame for filing the AOS. Is this correct? 

[Rocio0010 5,579]

Did you mean 2009 or 2019?

[Lyle L 0]

She came here 2009 December. We married in Jan of 2010. 

A Company called Boundless that we can still file and should have no issues. IDk about that. They want 1289.00 to do the paperwork. 

[SalishSea 17,791]

33 minutes ago, Lyle L said:

She came here 2009 December. We married in Jan of 2010. 

A Company called Boundless that we can still file and should have no issues. IDk about that. They want 1289.00 to do the paperwork. 

She’s been out of status a lonnnnnng time.      

[Chancy 6,241]

1 hour ago, Lyle L said:

She came here 2009 December. We married in Jan of 2010. 

 

Do you still have the I-129F receipt or approval notice, and your wife's K1 visa?

 

[Daphne . 1,852]

You can still go ahead and file for the adjustment of status, but waiting this long was very irresponsible. 

[Ontarkie 14,207]

Just get it done. 

[Crazy Cat 41,774]

2 hours ago, Lyle L said:

 Wife came here on a Fiancée Visa in December 2009. . We married in 2010. Through issues in life, covid, her being hospitalized with medical issues, I did not file her I-485. I am hoping after this long it will still be no issue. She is out of status. Marriage is still great. Any suggestions besides get it done. Do i need an attorney at this point. My only fear is the time frame of me not filing the I-485. I was understanding there was no legal time frame for filing the AOS. Is this correct? 

Did you marry within 90 days of her arrival in 2009?  If not, you must file an I-130 .

[Lyle L 0]

Yes, we married in time. Her paperwork has been mis-placed somewhere (not by me), so I have to get copies from immigration. It's a long story. As long as we can still file for AOS, i will get on it, ty everyone. 

[Boiler 45,434]

Not a big fan of Lawyers but this strikes me as a situation where one is required to get er done.

[Lyle L 0]

I appreciate all the advice. Thank You. 

[Dashinka 24,466]

Well, at least you won't need to worry about doing the Removal of Conditions.

 

As others have said, send in the I485 ASAP along with the I131/I765 as there is a proposed fee increase coming that will really drive up the cost.  Also, expect a few questions related to why you waited, but considering you are still married 13 years, you should be fine.

 

Good Luck!

[Crazy Cat 41,774]

Note to others:  There are no benefits in waiting to file for adjustment of status. Waiting delays getting a Green Card, delays ability to travel outside the US, delays ability to legally work, delays eligibility to file for citizenship.   

Edited January 23, 2023 by Crazy Cat

[powerpuff 6,670]

45 minutes ago, Crazy Cat said:

Note to others:  There are no benefits in waiting to file for adjustment of status. Waiting delays getting a Green Card, delays ability to travel outside the US, delays ability to legally work, delays eligibility to file for citizenship.   

Not to mention it puts you at risk to be detained by ICE as it happened to one member here after being stopped for a traffic incident.

[Lyle L 0]

I get it folks. She has never bene in any trouble, Doesn't drive, etc. A lot of this had to do with a medical issue she had I do not want to get into here. I maybe should consult with an attorney? Should I hire an attorney, or do most of you think we wills till be ok to move forward without one?