Waiting for tax return

[Ineke 0]

Hi all,

I arrived in the States in December on a Fiancée Visa and married my US-citizen, so now I am ready to file the I-485 AOS, along with the affidavit of support. We are waiting for his tax return to come in before filing, but I am afraid that if I wait too long for sending out the I-485, my case will go on pending too late and my 3 months on the Fiancée Visa will expire before I hear back from them. I want to avoid having to go back to my home country because I filed my AOS too late, due to this tax return.

You are supposed to file the I-485 within 90 days of arrival, but at the same time there is a 45 days processing time. So are you safe when you file your AOS within those 90 days, or do you have to file well in advance to be sure your case will go on pending and you get to remain in the States while waiting for the Green Card?

I am confused and nervous. Can anyone offer some advise?

Thank you so much,

Ineke

[Hell0W0rld 10]

you are not required to file Adjustment of Status within 90 days, you are only required to marry within 90 days, the fiancee visa (K-1) expired when you went through the airport at the port of entry. File adjustment of status as soon as the taxes are done and you'll be fine...

[edp333 9]

Being out of status is normally forgiven by the USCIS when you file for AOS. If you happen to encounter Border Patrol or ICE agents then you may have some problems. One VJer encountered border patrol in Texas and was required to file AOS immediately. But this is rare.

I would suggest making a copy of the I-485 and check, which you should do anyway. When you receive the NOA1 your status will change from out of status to AOS applicant.

[Ineke 0]

Thank you for the advise.

At this point, I can stay in the US until March 2010. So if I happen to only be able to file AOS right before or after that, and my case goes on pending, can I then re-enter the US as a permanent resident in a pending status? Or will I have to wait in my home country until my Green Card arrives?

It's actually the re-entering that I'm really worried about, considering the possability of having to leave the country in March.

[F & J 21]

Thank you for the advise.

At this point, I can stay in the US until March 2010. So if I happen to only be able to file AOS right before or after that, and my case goes on pending, can I then re-enter the US as a permanent resident in a pending status? Or will I have to wait in my home country until my Green Card arrives?

It's actually the re-entering that I'm really worried about, considering the possability of having to leave the country in March.

The only requirement of the K-1 visa is that you marry your petitioner within 90 days of entry into the U.S. Since you're already married, you are fine - the only thing is that you must NOT leave the U.S. until after you file your Adjustment of Status and Advance Parole (travel document). You do not become a permanent resident until after your AOS is approved and you receive your green card. The AOS takes a couple of months to process so file I-131 (Advance Parole) concurrently so should you need to leave the U.S. in case of emergency back home, you can safely go without your AOS application being considered as abandoned - the AP is processed faster, within 90 days. Remember, do NOT leave the country until your Advance Parole is approved!!!

[Hell0W0rld 10]

Thank you for the advise.

At this point, I can stay in the US until March 2010. So if I happen to only be able to file AOS right before or after that, and my case goes on pending, can I then re-enter the US as a permanent resident in a pending status? Or will I have to wait in my home country until my Green Card arrives?

It's actually the re-entering that I'm really worried about, considering the possability of having to leave the country in March.

you need to study the process more, you don't have to leave the country and re-enter, if you leave while Adjustment of status is pending, you won't be able to come back, just file the taxes and file for Adjustment of status your fine, there is nothing to worry about, compare to the K-1 adjustment of status is really easy and pretty much worry free. again, read more about the process..

[justashooter 430]

1.) get married within 90 days of arrival (this is a must)

2.) file for adjustment of status, employment authorization, and advance parole (do this as soon as possible after marriage. you are technically out of status if you have not filed before the 90 days, but this is forgiven once you file. you should receive a Notice Of Action letter after your filing is accepted that is good for status in country until the EAD/ AP/GC is provided. do not leave the country before filing and receiving advance parole document, or you have to start all over again)

3.) receive EAD and AP about 60 days after filing, and you can leave the country with no worries about problems in returning.

4.) receive GC in as little as 4 months, or as long as a year after filing.

5.) remember to file to remove conditions (I-751) 90-20 days before your 2 year card expires, or you will have to leave and start all over again.

good luck

[Nik+Heather 122]

I am not sure if someone mentioned this important bit of information:

I believe that 2009 taxes are not required until nearly April. Send it in with 2008 (and 07 and 06 if you like).

[philabride 0]

I filed my AOS a month after I-94 expired, there was no problem. I got finger printing done a month after I submitted AOS.

[Nik+Heather 122]

There's more specific advice in this thread:

http://www.visajourney.com/forums/index.php?showtopic=240119

[Ineke 0]

Thanks guys, this helped me out a lot. I was just confused about the pending status, but it appears I should be fine.

My husband only migrated back to the states last year and is self-employed, so that's why we need the 2009 tax return, there is none for 2008.

I will file AOS, keep copies of everything and stay where I am until AP is approaved! Thanks again!