How long after marriage do you have to file.

[Karma0 0]

What kind of implications arise if after the marriage has taken place, you do not file for the I-485 due to financial issues. Is there a limit to how long you can wait? If you do go beyond that limit what kind of penalties could arise.

Thank you for your time.

[amykathleen2005 441]

There are no implications to filing late. The only real problem is that you can't work without EAD or a greencard which you can't get until you file. You also can't travel internationally without filing for AP or AOS. Other than that you can wait as long as you need to without any problems. If it is past a year or so you might have to send an additional form called an I-130 with your I-485.

[TBoneTX 45,540]

It's also unwise to travel in the U.S. within a 100-mile radius of either border. The CBP/ICE agents at the internal checkpoints have NO sense of humor in regard to people who are out of status. If you must travel as above, be prepared to be detained or at least sternly lectured.

[VanessaTony 3,567]

There are no implications to filing late. The only real problem is that you can't work without EAD or a greencard which you can't get until you file. You also can't travel internationally without filing for AP or AOS. Other than that you can wait as long as you need to without any problems. If it is past a year or so you might have to send an additional form called an I-130 with your I-485.

Correction to this. If it is past TWO years of being married you will need to file the I-130. This is because there's a rule in the immigration rules (Jim know where) that says after 2 years marriage you get a 10 year greencard, but a contradicting law that says when AOSing from a K1 you need to get a 2 year greencard first and then file for ROC later. It actually works better in your favour (if you end up waiting that long though it's not recommended) as you will end up with a 10 year greencard and not have to file removal of conditions.

I don't personally recommend waiting. We waited for financial reasons (tax time is here though so that might help you out) and I finally got my GC in June 2010, 9 months after I arrived in the US because I didn't file until April (but I arrived in Sept 09).

Another reason though is while it's unlikely you'll be deported, if you encounter ICE while out of status you CAN be detained in immigration jail until you face an immigration judge who will order you to file AOS immediately. One person who was detained had to pay $15,000 bail, and then lawyers fees and it was VERY expensive.

You can't work, you can't leave, you cant get a drivers licence, you can't get state ID. It is infinitely harder to "assimilate" when you're sitting around the house bored. Trust me. Like I said I had to wait for financial (and personal) reasons. I know more about the US now, watching as much TV and surfing as much internet as me that's bound to happen but it sucks that I'm unable to get out and about while my husband is at work. Where am I supposed to meet new friends? At bars? Groups? How do I get there? It just sucks to wait but I know that sometimes life happens to stop AOS filing in a timely manner.

If there's any way to file it, it will help to file it sooner rather than later. If financial reasons is the main reason, the sooner you get your GC the sooner you can get a job and help out financially.

[Karma0 0]

Well the reason i was asking is because we married on dec 27 2009. meaning i am roughly 2 years and 26 give or take days past that point. So your saying im not in any serious trouble i just need to file an i-130 along with the i-485?

I am planning on filing however within the next 4-6 weeks tops.

Also being that the time frame is so large will i also need to redo all my immunization records and biometrics?

Thanks again for the replies guys.

[Karma0 0]

Well the reason i was asking is because we married on dec 27 2009.

Sorry Dec 27 2008! don't tell my wife i said that.

[pushbrk 12,979]

What kind of implications arise if after the marriage has taken place, you do not file for the I-485 due to financial issues. Is there a limit to how long you can wait? If you do go beyond that limit what kind of penalties could arise.

Thank you for your time.

If the beneficiary is detained and put into deportation proceedings, it's "too late". Otherwise, there's no set time limit.

[baron555 934]

What kind of implications arise if after the marriage has taken place, you do not file for the I-485 due to financial issues. Is there a limit to how long you can wait? If you do go beyond that limit what kind of penalties could arise.

Thank you for your time.

It is best to file before you die.

[payxibka 10,045]

Not a K-1 topic but an Adjustment of Status topic... moving thread to AOS forum, and entire forum dedicated to the AOS process

[VanessaTony 3,567]

Well the reason i was asking is because we married on dec 27 20092008. meaning i am roughly 2 years and 26 give or take days past that point. So your saying im not in any serious trouble i just need to file an i-130 along with the i-485?

I am planning on filing however within the next 4-6 weeks tops.

Also being that the time frame is so large will i also need to redo all my immunization records and biometrics?

Thanks again for the replies guys.

Your medical isn't valid anymore so you will need to redo the medical. You will need to see a civil surgeon (CS) to do this (not just any doctor).

The biometrics would have had to be done again anyway, even if you filed way back then they make you re-do them.

So file the I-130 with your I-485 (and the fees associated are $1070 for the I-485, and $420 for the I-130 meaning you will need to pay $1490 as per the new fee structure here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD ) but don't forget the I-693 (medical). You will need to supply all the documents required for the I-130, it's likely that you'll get an interview and when you DO you will need to have the amount of evidence that you would have used for ROC. They will judge you much stronger than a regular AOS because you've been married longer they expect more evidence of co-mingling and relationship.

Good thing is at the end you will have a 10 year greencard and won't need ROC later.

Good luck!

[Brother Hesekiel 2,236]

Well the reason i was asking is because we married on dec 27 2009. meaning i am roughly 2 years and 26 give or take days past that point. So your saying im not in any serious trouble i just need to file an i-130 along with the i-485?

I am planning on filing however within the next 4-6 weeks tops.

Also being that the time frame is so large will i also need to redo all my immunization records and biometrics?

For once your patience (or is it procrastination?) will be rewarded. Sort of.

See, one section of the INA states that the K-1 who adjusts status will get a (conditional) 2-year Green Card, which implies having to remove conditions 2 years later. Another section of the INA states that somebody who is married for 2 years or longer will get a 10-year Green Card right away.

Thus, once the former K-1 is married for 2 years or longer, AOS is not adjudicated based on the K-1 entry anymore, but due to being an immediate relative of a US citizen. Thus, you'll have to submit an I-130 for a cool $420 in addition to the $1,070 for AOS, but that's more than made up when you don't have to pay the (what is it now?) $595 (or so) for the I-751. Not even taken into consideration the nerve-wrecking process itself. So you are fine.

Should you be detained by an ICE or CBP officer, that's not fun, but I can assure you you wont' be deported as an immigration judge would not sign off on a deportation of somebody who is eligible for filing AOS.

[pushbrk 12,979]

For once your patience (or is it procrastination?) will be rewarded. Sort of.

See, one section of the INA states that the K-1 who adjusts status will get a (conditional) 2-year Green Card, which implies having to remove conditions 2 years later. Another section of the INA states that somebody who is married for 2 years or longer will get a 10-year Green Card right away.

Thus, once the former K-1 is married for 2 years or longer, AOS is not adjudicated based on the K-1 entry anymore, but due to being an immediate relative of a US citizen. Thus, you'll have to submit an I-130 for a cool $420 in addition to the $1,070 for AOS, but that's more than made up when you don't have to pay the (what is it now?) $595 (or so) for the I-751. Not even taken into consideration the nerve-wrecking process itself. So you are fine.

Should you be detained by an ICE or CBP officer, that's not fun, but I can assure you you wont' be deported as an immigration judge would not sign off on a deportation of somebody who is eligible for filing AOS.

Sorry, Bob but you're mixing two issues. The news is good, in that if they've been married for two years when the green card is issued, it will be the ten-year card and they'll skip removing the conditions. However, as long as the marriage took place within the 90 days, no I-130 is needed. A new medical, yes, I-130, no.

Only if the marriage to the original petitioner occurs after the 90 days is the I-130 needed.

[VanessaTony 3,567]

Sorry, Bob but you're mixing two issues. The news is good, in that if they've been married for two years when the green card is issued, it will be the ten-year card and they'll skip removing the conditions. However, as long as the marriage took place within the 90 days, no I-130 is needed. A new medical, yes, I-130, no.

Only if the marriage to the original petitioner occurs after the 90 days is the I-130 needed.

Sorry push but you are incorrect. This has been discussed at length in other topics. Because of the contradiction in laws (that Bob mentioned) the I-130 is needed... well not "needed" but it will make their life much simpler. If the OP doesn't file the I-130 sometimes they will get a 2 year card (even after 2 years of marriage), other times they will get an RFE for the I-130. Once in a while someone gets a 10 year card but that appears to be a thing of the past.

This is much like the VWP where it "used to be" one way, and now it's different.

**Edit - Jim explains this in other topics and it's been proven correct in more than one case

Edited January 24, 2011 by Vanessa&Tony

[pushbrk 12,979]

Sorry push but you are incorrect. This has been discussed at length in other topics. Because of the contradiction in laws (that Bob mentioned) the I-130 is needed... well not "needed" but it will make their life much simpler. If the OP doesn't file the I-130 sometimes they will get a 2 year card (even after 2 years of marriage), other times they will get an RFE for the I-130. Once in a while someone gets a 10 year card but that appears to be a thing of the past.

This is much like the VWP where it "used to be" one way, and now it's different.

**Edit - Jim explains this in other topics and it's been proven correct in more than one case

Sounds very strange to me. Any explanation as to why? Where are they drawing the line? Lots of folks file AOS after the 90 days. How long after are they drawing the line?

Edited January 24, 2011 by pushbrk

[VanessaTony 3,567]

Sounds very strange to me. Any explanation as to why? Where are they drawing the line? Lots of folks file AOS after the 90 days. How long after are they drawing the line?

It's the "2 years of marriage = 10 year GC" thing so it's when filing after 2 years of marriage.

Apparently it's much like the VWP where there are conflicting laws (like Bob said) and only recently is it appearing to be an issue. One says "AOS from a K1 and you must get a 2 year GC then ROC" and the other says "more than 2 years marriage means a 10 year GC". To get around the need for a 2 year GC even after being married more than 2 years you file the I-130 to get the 10 year GC. It works out cheaper (well not really because you need a new medical), 10 year GC and no need to ROC.

Filing without the I-130 means either 1. a 2 year GC 2. possible RFE for the I-130 or MAYBE you get the 10 year card. Issue with getting the 10 year card when you're not supposed to ('cause of the conflicting law thing), I do recall one thread where the person applied for USC based on the 10 year card (no ROC, no I-130, just filed AOS after 2 years marriage on a K1) and their application was denied because they'd never filed ROC which is apparently what was supposed to have happened if the filed based on the K1 after 2 years (rather than the I-130).

Basically the advice is, AOS after 2 years of marriage, file an I-130 = 10 year GC and less hassles later on.