Time to file I-130 or I485

[Barry and Marilyn 0]

I have been trying to read and find out, but I can not find anything on this. When my fiance comes here, of course we will be married and have to have it recorded. Once it is done, and all is legal, how long before we need to file a I-130 and I-485. She does want to work, and with all the reading here, I lost it all... ( maybe too much information) haha. She has been approved and has packet of instructions from Manila in the Philippines. Just once she is here, I got lost.. I did all our paperwork and it all was cool, took sometime and all is approved. Just once she is here, how much time do we have once we get married? Getting her here, money might be a little tight for 1010 and 355.. (smile) and might have to wait a few months.

[happywifeymom 4]

I have been trying to read and find out, but I can not find anything on this. When my fiance comes here, of course we will be married and have to have it recorded. Once it is done, and all is legal, how long before we need to file a I-130 and I-485. She does want to work, and with all the reading here, I lost it all... ( maybe too much information) haha. She has been approved and has packet of instructions from Manila in the Philippines. Just once she is here, I got lost.. I did all our paperwork and it all was cool, took sometime and all is approved. Just once she is here, how much time do we have once we get married? Getting her here, money might be a little tight for 1010 and 355.. (smile) and might have to wait a few months.

Your questions are a bit confusing. If you are asking how much time you need to file the I-485 so she can get a permit to work is as soon as possible after your wedding. If there is money issue she can file for a work permit first for her to be legally able to work while waiting for her adjustment of status to be filed.

Edited August 29, 2010 by happywifeymom

[inloveVEN 46]

Hi

K-1 is a non-inmigrant visa. It means that when your fiancee arrives, you need to get marry ASAP (you have 90 days) and then, you need to do an Adjust of status. and doing the AOS is when she can find a work permit.

You can find a very good explanation here

VJ guides

There you can find information about the k-1 and other family based visas.

ask again in case of doubts

[Barry and Marilyn 0]

Your questions are a bit confusing. If you are asking how much time you need to file the I-485 so she can get a permit to work is as soon as possible after your wedding. If there is money issue she can file for a work permit first for her to be legally able to work while waiting for her adjustment of status to be filed.

Sorry, I did not mean to be confusing.. I guess it shows I am. (smile). I plan to have marilyn here end of November. Of course we will marry. From what I have read, it is necessary to file documents to have her stay beyond the expiration of her K-1 visa. I know we will have to file that we have married. I will be a little short of funs after she is here to file the additional documents for her to be here beyond the expiration of the K-1. I was asking once we show that we have shown that we have married, does the I-130 or I-485 need to be filed immediately. Does showing we have been married give her the right to stay here beyond the expiration of the K-1? From what I see, she is still in a non-immmigrant status and will need to go back at the expiration of the K-1.

[Kathryn41 3,205]

Sorry, I did not mean to be confusing.. I guess it shows I am. (smile). I plan to have marilyn here end of November. Of course we will marry. From what I have read, it is necessary to file documents to have her stay beyond the expiration of her K-1 visa. I know we will have to file that we have married. I will be a little short of funs after she is here to file the additional documents for her to be here beyond the expiration of the K-1. I was asking once we show that we have shown that we have married, does the I-130 or I-485 need to be filed immediately. Does showing we have been married give her the right to stay here beyond the expiration of the K-1? From what I see, she is still in a non-immmigrant status and will need to go back at the expiration of the K-1.

First, congratulations on the approval!

Good news - you don't have to file the I-130. Your fiancee is arriving on a K-1 visa and you started this process by filing the I-129f petition. The I-130 is a petition for a wife who did not arrive on a K-1 visa so you don't need it.

When your fiancee arrives in the US she will get a card stapled into her passport, called an I-94 "Entry/Exit Visa". It will have a date written on it that is 90 days in the future. You need to get married within those 90 days to fulfill the conditions of the K-1 visa. After you get married, she needs to apply for permission to remain in the US beyond those 90 days. She does that by filing the I-485 - a request to change her status from a non-immigrant fiancee to a permanent resident through marriage to a US citizen. There is no 'notification' of USCIS that you are married - that happens when you file the I-485.

You don't need to apply for the AOS before the 90 days listed on the I-94 are up but it is the best choice to do so. If you don't file before the I-94 expires, then your wife has no legal status in the US. Technically she could be told to leave or be deported, although that is very unlikely to happen. Once she files for the AOS she again has legal status in the US. If you don't file by the time the 90 days are up, no, she does not have to leave the US even though she is out of status. In fact, if she did leave the US you would have to start the whole immigration process all over again by applying for a CR-1 visa. As well, until you file the AOS and receive permission for her to work and travel she won't be able to work, to travel outside of the US or to get many of the other benefits that come from living legally in the US.

You can apply for the AOS as soon as you get back the official marriage certificate but you can also wait - ideally until just before the I-94 expires but a few weeks later won't hurt if that helps with the finances. I realize money will be tight but you do want to make the I-485 your highest priority as this is what protects your wife from potential problems with immigration.

Along with the I-485 you also should file the I-765 which is the application for Employment Authorization (EAD) and the I-131 which is the application for permission to travel outside of the US and return while she is waiting for a green card (known as 'Advance Parole" or AP). These are included in the same price as the AOS so there are no extra fees involved, just paperwork. Treat each application like a separate application but enclose them all in the same envelope.

You will also need to submit an I-864 Affidavit of Support which is an official contract you make with the government to ensure that your wife does not become a burden on the taxpayers of the US.

Before Marilyn arrives in November you can read over the applications and their instructions to get an idea of what you need to do next. While it sounds complicated, it actually isn't. Make a list of what you need for each application, then when you get that document, you can check it off on your list. Once you have the documents collected, then as soon as you can get the finances together you can submit them.

Good luck. Be sure to check out the guides as well at the top of this forum/page.

Edited August 29, 2010 by Kathryn41

[Barry and Marilyn 0]

First, congratulations on the approval!

Good news - you don't have to file the I-130. Your fiancee is arriving on a K-1 visa and you started this process by filing the I-129f petition. The I-130 is a petition for a wife who did not arrive on a K-1 visa so you don't need it.

When your fiancee arrives in the US she will get a card stapled into her passport, called an I-94 "Entry/Exit Visa". It will have a date written on it that is 90 days in the future. You need to get married within those 90 days to fulfill the conditions of the K-1 visa. After you get married, she needs to apply for permission to remain in the US beyond those 90 days. She does that by filing the I-485 - a request to change her status from a non-immigrant fiancee to a permanent resident through marriage to a US citizen. There is no 'notification' of USCIS that you are married - that happens when you file the I-485.

You don't need to apply for the AOS before the 90 days listed on the I-94 are up but it is the best choice to do so. If you don't file before the I-94 expires, then your wife has no legal status in the US. Technically she could be told to leave or be deported, although that is very unlikely to happen. Once she files for the AOS she again has legal status in the US. If you don't file by the time the 90 days are up, no, she does not have to leave the US even though she is out of status. In fact, if she did leave the US you would have to start the whole immigration process all over again by applying for a CR-1 visa. As well, until you file the AOS and receive permission for her to work and travel she won't be able to work, to travel outside of the US or to get many of the other benefits that come from living legally in the US.

You can apply for the AOS as soon as you get back the official marriage certificate but you can also wait - ideally until just before the I-94 expires but a few weeks later won't hurt if that helps with the finances. I realize money will be tight but you do want to make the I-485 your highest priority as this is what protects your wife from potential problems with immigration.

Along with the I-485 you also should file the I-765 which is the application for Employment Authorization (EAD) and the I-131 which is the application for permission to travel outside of the US and return while she is waiting for a green card (known as 'Advance Parole" or AP). These are included in the same price as the AOS so there are no extra fees involved, just paperwork. Treat each application like a separate application but enclose them all in the same envelope.

You will also need to submit an I-864 Affidavit of Support which is an official contract you make with the government to ensure that your wife does not become a burden on the taxpayers of the US.

Before Marilyn arrives in November you can read over the applications and their instructions to get an idea of what you need to do next. While it sounds complicated, it actually isn't. Make a list of what you need for each application, then when you get that document, you can check it off on your list. Once you have the documents collected, then as soon as you can get the finances together you can submit them.

Good luck. Be sure to check out the guides as well at the top of this forum/page.

Thank you very much!! I was wondering if we had to apply for the change of status before the expiration of the K-1 (I-94). I thought I might be a little short of cash before we must do this.. Thanks again. We will need several things to be done, I know, but it will be done. I did all the paper work for this far and all we need to do now is call for medical and intervies.. Thanks again.