Filing I-485 After 90 Days is Over

[Nitsua0895 11]

Do you have to file for adjustment of status before the end of the 90 day period? Me and my wife are ready to file the I-485 but we’ve had a lot of expenses getting married and it’s a slow time of the year for my work. This is making it difficult to pay the filing fee at the moment. Her 90 days is over on February 3rd.

I’ve heard some people say that it makes no difference as long as we’re married. And others say that some people have been deported for not filing or that it can make the adjustment of status more difficult.

[nastra30 2,284]

Well, spouse will be out of status after 90 days so she becomes deportable at that point. Filing within 90 days gives her authorized stay and less risk of being deported.

[Boiler 45,467]

5 minutes ago, nastra30 said:

Well, spouse will be out of status after 90 days so she becomes deportable at that point. Filing within 90 days gives her authorized stay and less risk of being deported.

IAnd if you are short of money the last thing you want to do is delay EAD.

[OldUser 6,633]

44 minutes ago, Nitsua0895 said:

Do you have to file for adjustment of status before the end of the 90 day period? Me and my wife are ready to file the I-485 but we’ve had a lot of expenses getting married and it’s a slow time of the year for my work. This is making it difficult to pay the filing fee at the moment. Her 90 days is over on February 3rd.

I’ve heard some people say that it makes no difference as long as we’re married. And others say that some people have been deported for not filing or that it can make the adjustment of status more difficult.

Borrow if you need and can to cover the costs.

 

The last thing you want is your wife becoming deportable. Delaying the filing may result in even higher fees (AOS is going to become more expensive!) and inability for your wife to earn money and contribute to family. Also without valid documentation, she'd have issues getting ID / DL / SSN to start establishing herself and collecting more evidence for her GC. Less evidence = more trouble to get GC. Basically, nothing good comes from delaying paperwork.

 

You only need to cover the cost of I-485 and biometrics. I-765 and I-131 are free now when filed together with I-485 but will be expensive in the future when new fees set in.

Edited January 25 by OldUser

[powerpuff 6,697]

*** Topic moved from K1 forum to AOS K1 forum as this now an AOS case ***
 

I agree with everyone. There’s talk that AOS fees are going to go up as EAD and AP won’t be free anymore so that would bring the cost from $1225 to $3000.

Edited January 25 by powerpuff

[Rocio0010 5,579]

You knew you'd have to pay for the adjustment of status. Why did you end up in this situation?

Would have made so much more sense to have a courthouse wedding, save the $$ for adjustment of status, do a wedding celebration later on. Anyhow, water under the bridge now.

 

File ASAP. Borrow money if you have to. She can be deported because she has no status once her 90 days run up.

[JaredShadkin 63]

This immigration process needs to take precedent over most everything else at this point - as you are opening yourselves to a lot of extra stress and problems by not applying for AOS at the end of the 90 day period.

 

Try anything and everything to make it a viable option, just as others have indicated

[SalishSea 17,818]

19 hours ago, Nitsua0895 said:

Do you have to file for adjustment of status before the end of the 90 day period? Me and my wife are ready to file the I-485 but we’ve had a lot of expenses getting married and it’s a slow time of the year for my work. This is making it difficult to pay the filing fee at the moment. Her 90 days is over on February 3rd.

I’ve heard some people say that it makes no difference as long as we’re married. And others say that some people have been deported for not filing or that it can make the adjustment of status more difficult.

Of course it makes a difference.   Being the spouse of a USC confers no immigrant benefit.   She will be out of status and subject to deportation.

 

Also, fees are about to go WAY up.

[JKLSemicolon 411]

Put yourself in the shoes of your spouse who at the moment:

 

1. Has no work authorization

2. Cannot leave the country even for something like a family emergency without starting over with an ~18-month visa process in order to return to the U.S.

3. Just left behind everything in their home country to start a new life here.

 

And consider that every day you don’t file delays #1 and 2 further, and every day after the 90-day mark also adds to the fact that even something like a traffic stop could lead to being detained by ICE (there is a well-known thread about that in this forum) or even deported.

 

Finally, consider that you have to pay the $1225 at some point, so if you truly don’t have the money right now, the only thing you’re saving by waiting is the interest on a loan or credit card payment for that amount. If you were the intending immigrant, what do you think would be more important: saving up for the filing cost or minimizing the extra wait and risk above? And how would you feel if your partner (who is supposed to be able to support you financially in this process) balks at what is only one of many fees needing to be paid during what is going to be a long immigration journey?

This is not intended to be a personal attack; it’s just that it’s important to consider things from the perspective of the most vulnerable person here.

 

 

 

[Beth & Achraf 328]

20 hours ago, Nitsua0895 said:

Do you have to file for adjustment of status before the end of the 90 day period? Me and my wife are ready to file the I-485 but we’ve had a lot of expenses getting married and it’s a slow time of the year for my work. This is making it difficult to pay the filing fee at the moment. Her 90 days is over on February 3rd.

I’ve heard some people say that it makes no difference as long as we’re married. And others say that some people have been deported for not filing or that it can make the adjustment of status more difficult.

Being married does not keep the spouse from being out of status and could be deported.

 

 

 

 

[Crazy Cat 41,836]

21 hours ago, Nitsua0895 said:

Do you have to file for adjustment of status before the end of the 90 day period? Me and my wife are ready to file the I-485 but we’ve had a lot of expenses getting married and it’s a slow time of the year for my work. This is making it difficult to pay the filing fee at the moment. Her 90 days is over on February 3rd.

I’ve heard some people say that it makes no difference as long as we’re married. And others say that some people have been deported for not filing or that it can make the adjustment of status more difficult.

Those people are wrong.  Waiting to file for adjustment of status only delays the ability to work, the ability to leave the US and return, the ability to file for citizenship.  There are no good reasons to wait.  I would beg or borrow the money because only bad things can result from failing to file the I-485, I-765, and I-131.  Good luck. 

[powerpuff 6,697]

Here’s that thread for reference: