How much time do I have to file I-485 after marriage?

[capt harlock 0]

How long do I have to file I-485 on a K1 visa after marriage? Do I have to file before her 90 days are up on the visa or dose time get extended becuase we got married. I can not seem to find the exact answer in the instructions.

[Dr_LHA 3]

That is because there is no exact answer. After 90 days you go out of status, but USCIS won't hold that against you when you filed AOS. The real answer is: file AOS as soon as you're able. There is no "cut off" date you have to file AOS before though.

Edited July 11, 2007 by Dr_LHA

[SirLancelot 1]

How long do I have to file I-485 on a K1 visa after marriage? Do I have to file before her 90 days are up on the visa or dose time get extended becuase we got married. I can not seem to find the exact answer in the instructions.

There is no "exact answer" anywhere. It's best to file immediately after your marriage. Preferably within the 90 days. But people have done it even up to 6 months after the 90 day deadline. There's no guarantee though.

[Dr_LHA 3]

There is no "exact answer" anywhere. It's best to file immediately after your marriage. Preferably within the 90 days. But people have done it even up to 6 months after the 90 day deadline. There's no guarantee though.

The 90 days is not a "deadline" and "There's no guarantee" of what exactly?

[SirLancelot 1]

There is no "exact answer" anywhere. It's best to file immediately after your marriage. Preferably within the 90 days. But people have done it even up to 6 months after the 90 day deadline. There's no guarantee though.

The 90 days is not a "deadline" and "There's no guarantee" of what exactly?

You're legally out of status after the 90 days. The USCIS has been approving AoS for most applicants, but nothing in the law compels them to approve the application after 90 days. You are legally out of status after the 90 days. There is NO guarantee, despite what anyone claims on USENET or here. Best advice is to get married and file within the 90 days.

I say this having filed late ourselves. My wife's 90 days expired 6/6/07. We filed 7/10/07. I'm not too worried as I expect USCIS to accept our application but I'm under no delusion to assume USCIS absolutely has to accept our application. My wife technically was out of status prior to her AoS submission.

Edited July 11, 2007 by SirLancelot

[Nanusia & Lukaszek 0]

You're legally out of status after the 90 days. The USCIS has been approving AoS for most applicants, but nothing in the law compels them to approve the application after 90 days. You are legally out of status after the 90 days. There is NO guarantee, despite what anyone claims on USENET or here. Best advice is to get married and file within the 90 days.

There is no guarantee of anything anyway. Whether you file in 90days or later, there is no guarantee. Best advice is to file asap, but no deadlines.

[Dr_LHA 3]

You're legally out of status after the 90 days. The USCIS has been approving AoS for most applicants, but nothing in the law compels them to approve the application after 90 days. You are legally out of status after the 90 days. There is NO guarantee, despite what anyone claims on USENET or here. Best advice is to get married and file within the 90 days.

Show me one example of a person who was denied AOS because they filed after the 90 days.

As for the law, the INA states that if you are married to a US Citizen, USCIS cannot hold against you the fact that you have overstayed. Your hand waving about how "they don't have to approve you" will only cause people worry on here.

The fact is that your AOS can be denied for many reasons yes. However filing AOS after your K-1 visa expired is not one of them.

If defy anyone to prove me wrong.

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

[SirLancelot 1]

You're legally out of status after the 90 days. The USCIS has been approving AoS for most applicants, but nothing in the law compels them to approve the application after 90 days. You are legally out of status after the 90 days. There is NO guarantee, despite what anyone claims on USENET or here. Best advice is to get married and file within the 90 days.

Show me one example of a person who was denied AOS because they filed after the 90 days.

As for the law, the INA states that if you are married to a US Citizen, USCIS cannot hold against you the fact that you have overstayed. Your hand waving about how "they don't have to approve you" will only cause people worry on here.

The fact is that your AOS can be denied for many reasons yes. However filing AOS after your K-1 visa expired is not one of them.

If defy anyone to prove me wrong.

This is the BS I read repeatedly on here and elsewhere. Tell me Dr LHA, exactly how long can one wait before one files? Can someone wait 2 years after marriage to file so they can directly obtain the 10 year GC instead of the 2 year conditional GC? Can someone wait 5 years before filing AoS?

The claim of a "no official deadline" is extremely misleading. I'm certain there is one. No one seems to know when the exact cutoff is, is a more appropriate and honest answer.

You have not been proven right. You can't even cite anything official from USCIS, only what's been spreading on here or USENET over the years.

[Tom_Jim 40]

You need to calm down, sir. Get your facts straight. The truth of the matter is, nothing is guaranteed. Adjustment of status is purely discretionary; including K-1s.

In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "negative factors." Overstaying, while unfavored, is not considered to be a negative factor when weighing in AOS. Drug convictions, felony arrest et al., are. When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment.

Can someone wait 2 years after marriage to file so they can directly obtain the 10 year GC instead of the 2 year conditional GC? Can someone wait 5 years before filing AoS?

Yes.

Dr. LHA has the day on this one, SirLancelot.

[Nanusia & Lukaszek 0]

The claim of a "no official deadline" is extremely misleading. I'm certain there is one. No one seems to know when the exact cutoff is, is a more appropriate and honest answer.

You have not been proven right. You can't even cite anything official from USCIS, only what's been spreading on here or USENET over the years.

If you are certain there is one, find it and post the link.

The reason DrL doesnt post anything official from USCIS is because there is no official deadline! USCIS is good about warning why stuff will be rejected, and if there was a timeline for it, they'd definitely post it.

[SirLancelot 1]

You need to calm down, sir. Get your facts straight. The truth of the matter is, nothing is guaranteed. Adjustment of status is purely discretionary; including K-1s.

In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "negative factors." Overstaying, while unfavored, is not considered to be a negative factor when weighing in AOS. Drug convictions, felony arrest et al., are. When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment.

Can someone wait 2 years after marriage to file so they can directly obtain the 10 year GC instead of the 2 year conditional GC? Can someone wait 5 years before filing AoS?

Yes.

Dr. LHA has the day on this one, SirLancelot.

LoL. This is a laughable answer. If this is your position then any of your replies are highly suspect. It is not me who needs to get their facts straight.

Edited July 11, 2007 by SirLancelot

[KarenCee 3]

Then maybe you should post a link to support your position. That would give your statements more credibility than just spouting off here with nothing to back you up.

[Dr_LHA 3]

LoL. This is a laughable answer. If this is your position then any of your replies are highly suspect. It is not me who needs to get their facts straight.

If you like I can post a link to the relevant section of the Immigration and Nationality Act that states that overstay cannot be used to deny AOS if the person is married to a US Citizen. More accurately it says: Overstay is cause for denial, unless you're married to a US Citizen.

SirLancelot: I would say the majority of people on this website adjusting through K-1 file after the 90 day limit. I ask again: Can you show me one single example where someone was denied for overstaying their visa or filing "late".

Edited July 11, 2007 by Dr_LHA

[Dr_LHA 3]

This is the BS I read repeatedly on here and elsewhere. Tell me Dr LHA, exactly how long can one wait before one files? Can someone wait 2 years after marriage to file so they can directly obtain the 10 year GC instead of the 2 year conditional GC? Can someone wait 5 years before filing AoS?

You certainly can. A friend of mine filed for AOS after coming here on a visa waiver and staying for 10 years illegally. Got his green card no problem, because he was married to a US citizen and was "forgiven".

The claim of a "no official deadline" is extremely misleading. I'm certain there is one. No one seems to know when the exact cutoff is, is a more appropriate and honest answer.

You're joking right? There's a deadline, but USCIS keep it secret?

You have not been proven right. You can't even cite anything official from USCIS, only what's been spreading on here or USENET over the years.

The experience of hundreds of people on this website proves me right. I'm asking you to prove me wrong.

The only deadline for K-1 is the requirement that you get married within the 90 day visa period. Even if you don't meet this you can still get a green card, you just have to file another form (I-130).

Edited July 11, 2007 by Dr_LHA