I-485 Window of Time?

[Jesserose24 62]

I hope I selected the correct forum this time.

 

Helping my fiend; I'm already in the US but did so via Embassy/Consular Processing and I can't find the exact answers I'm looking for on the USCIS site (I might be searching the wrong terminology).

 

Canadian married a born American Citizen 21 months ago (summer 2021)

 

They had a baby born in Canada in CDN in fpring 2022.

 

7 months ago (July 2022) she came to visit him before he deployed. Plan was 5.5 months bc that's when he'd be deploying, and it looked up with her 6 months allowance to visit.

 

In November his deployment was cancelled. So they decided to AOS. At 5 months (December 2022) filed I-130 and I-130A. Selected AOS location for their state etc.

 

I thought she had giled the I-485 at the same time. She did not. My research is confusing; some say it had to be filed by 180 day marks (so January 2023); others say bc she's married to a USC her overstay doesn't matter.

 

Questions. 

1. Ideally, and technically when should she have filed the I-485 by?

 

2. If she files the I-485 this week (she'll be at 7 months here) will she require a waiver?

 

2b. If she will require a waiver; is it filed ahead of time or after interview?

 

I'm pretty well versed in this stuff but I've never had someone ask me for help who broke this paperwork in half. 

 

Thank you so much for any direction.

 

Jesse

 

 

[Mike E 11,739]

1. Before her I-94 authorized stay expired.  Yes Canadians get I-94

 

2. No. Not unless ICE catches her.  
 

2b. N/A

[Jesserose24 62]

13 minutes ago, Mike E said:

1. Before her I-94 authorized stay expired.  Yes Canadians get I-94

 

2. No. Not unless ICE catches her.  
 

2b. N/A

Thank you so much Mike. So she just needs to file that I-485 right away, if I'm following.

 

J

[Jesserose24 62]

26 minutes ago, Mike E said:

1. Before her I-94 authorized stay expired.  Yes Canadians get I-94

 

2. No. Not unless ICE catches her.  
 

2b. N/A

Oh and yes, Canadians get I-94. I'm always confused when Canadians say they dont have an I-94.. bc, I can see mine. Like, what are they arguing against? Lol.

 

Like I said, I understand most of this but I must be using the wrong terminology trying to find answers on USCIS site. 

[Mike E 11,739]

15 minutes ago, Jesserose24 said:

Canadians get I-94. I'm always confused when Canadians say they dont have an I-94.. bc, I can see mine. Like, what are they arguing against?

When I-94s were paper only, Canadians traveling as tourists were exempt from I-94. When they went to electronic, nobody sent a memo to Canadian tourists that they involuntarily joined the I-94 club. 

[Mike E 11,739]

32 minutes ago, Jesserose24 said:

Thank you so much Mike. So she just needs to file that I-485 right away, if I'm following.

 

J

She should file I-485 and her souse files I-864.  That’s the bare minimum. She should also file I-693, I-131, I-765. 

[Jesserose24 62]

4 minutes ago, Mike E said:

She should file I-485 and her souse files I-864.  That’s the bare minimum. She should also file I-693, I-131, I-765. 

I'll look in to these and msg back if I have questions!

[Chancy 6,241]

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