I485 / I765 information... How to keep Fiance here beyond 90 days?

[tbishop 1]

Did the K-1 Process and Lester (from PH) and I have been very happy in the US for about 8 weeks now. We got married

about 2-3 weeks after he got here from the Philippines cause jet lag made him tired and then about 2 weeks

ago we filed and were just accepted into the system for I485 / I765. We filed it ourselves following the directions

on here and he has maybe 5-6 weeks left on his K1 Visa, which even if nothing gets rejected is it enough time??....

His arrival date in the US was 6/14/2014... So what are loopholes any ways to get the 90 days extended.

I can't even afford to send him back at this point and I am sure we will eventually get approved.. So for

the old timers on here, how do I do it?? He doesn't want to go back nor do I want him to and he shouldn't.

It's my fault we were late on filing had to come up with the $1070.00 for the fees...

So we are now in the system:

07/31/2014 I485

APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

07/29/2014 I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION

Any ideas links etc. would be helpful :)

Thanks,

Tammy

[lala1 21]

Once you've submitted an application to adjust status, your husband is in a period of authorized stay until a decision is made on his case. So you have nothing to worry about regarding your husband accruing unlawful presence.

Edited August 5, 2014 by lala1

[sweetswinks 400]

Did the K-1 Process and Lester (from PH) and I have been very happy in the US for about 8 weeks now. We got married

about 2-3 weeks after he got here from the Philippines cause jet lag made him tired and then about 2 weeks

ago we filed and were just accepted into the system for I485 / I765. We filed it ourselves following the directions

on here and he has maybe 5-6 weeks left on his K1 Visa, which even if nothing gets rejected is it enough time??....

His arrival date in the US was 6/14/2014... So what are loopholes any ways to get the 90 days extended.

I can't even afford to send him back at this point and I am sure we will eventually get approved.. So for

the old timers on here, how do I do it?? He doesn't want to go back nor do I want him to and he shouldn't.

It's my fault we were late on filing had to come up with the $1070.00 for the fees...

So we are now in the system:

07/31/2014 I485

APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

07/29/2014 I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION

Any ideas links etc. would be helpful :)

Thanks,

Tammy

Umm..... Please fill in your timeline, it says you are waiting for your I129f to be approved.

I am so confused by your post. Were you approved your K1?

If yes, and your fiance has entered the U.S. on the K1, then it has now expired. K1 visa is one time entry permit to marry.

I see you're mentionong AOS and EAD, what about AP????

If you have now sent in your AOS forms he can stay past the 90 days. Not sure why you thought he had to leave? That only applies when the couple does NOT marry within 90 days of entering on a K1 visa......

There is no such thing as "extending the 90 days" and you should know the whole process. You should really do some research on this, because if your husband had left now, prior to receiving AP or Green card, you would have to start over again with a CR1.

Someone else please comment?

Edited August 5, 2014 by sweetswinks

[KimberlyAhmed 28]

You are married, so he does not have go back. No loopholes for the extension- that 90 days isthe time you have to get married in for when he first arrived. You filed AOS, and there wasn't a deadline to file. Now you just wait for the Biometrics appointment and then if approved he will receive his EAD(employment authorization card in the mail about 1-2 months after the biometrics are done.

[Ian H. 207]

The important thing is that you got married within the 90 day period. Once you file AOS your spouse is not accruing any unlawful presence, so there is no need for concern. You should be fine.

Also it looks like you didn't file AP as mentioned above, so your spouse shouldn't leave the country until his AOS is approved. If for some reason he has to travel he can submit the I-131, however I'm not sure if he would be required to pay since it wasn't submitted with the AOS.

[kitthekat 1,317]

it does not need to be submitted concurrently. fees for advance parole (I-131) will still be waived if sent in with the I-485 NOA1.

The important thing is that you got married within the 90 day period. Once you file AOS your spouse is not accruing any unlawful presence, so there is no need for concern. You should be fine.

Also it looks like you didn't file AP as mentioned above, so your spouse shouldn't leave the country until his AOS is approved. If for some reason he has to travel he can submit the I-131, however I'm not sure if he would be required to pay since it wasn't submitted with the AOS.

[tbishop 1]

OK thanks for letting me know that!! What if it gets rejected though for any reason? paperwork mistakes etc?? and it runs over the 90 days of the K-1 when they reject it??

Just Curious....

Also for the people stating why did I not fill out the I-131 form because there were places that didn't make sense and it was tripping us up... So I filed the 2 forms that made sense and I could file... Yes I can always do the 1-131 tonight I will reread and see if I understand it again...

......and yes I am lazy at time lines I will try to update that tonight also...

Thanks,

Tammy

[Sirdaniel42 86]

OK thanks for letting me know that!! What if it gets rejected though for any reason? paperwork mistakes etc?? and it runs over the 90 days of the K-1

Your K-1 has no value or meaning after it was used to come into the country, the 90 days are to let you know that this is the time you have to get married.

Please read the guides above and then read them again, all the information you need is right there.

[earl-andrew 5]

Also for the people stating why did I not fill out the I-131 form because there were places that didn't make sense and it was tripping us up... So I filed the 2 forms that made sense and I could file... Yes I can always do the 1-131 tonight I will reread and see if I understand it again...

I agree that the I-131 form can be difficult to understand, as it is the only application for Advance Parole. As such, it covers a wide variety of circumstances. The VJ guides are indispensable in this area. If you have not looked them over, here is the link:

http://www.visajourney.com/content/k1k3aos

On the site, you can also find examples of just about every conceivable form anyone would ever need in dealings with USCIS, including an example I-131 form for AP that was completed based upon the K-1 (see link below). Use this example as a guide and you should be just fine.

http://www.visajourney.com/examples/INS-Form-I-131.pdf

As always, the community here is terrific, and is ready to answer any questions.

Best wishes!

[KayDeeCee 4,892]

Most of the I-131 is skipped when applying for AP. You can check that out in the example form here on VJ. At the bottom of page 2 on the form, it tells you to skip to part 7. Also, no statement or reason is needed when applying for AP with a pending I-485. The date and length of trip can be left blank, then hand-write Unknown for those once you print it out. Be sure to include a copy of your receipt notice from filing the I-485 so the fee will still be waived. Here are the other supporting documents you need for the I-131 > http://www.visajourney.com/forums/topic/472439-evidence-for-756-and-131/?p=6723671

It is better to file for it now and not wait until a reason comes up to need it. It takes 60-90 days to receive. It will be much better to have it on hand in case you should need it.

[fancy 0]

I don't know how you have gone about your way of doing this BUT...If you have married before your 90 days then your husband was allowed to stay with you no matter what....as long as the proof you provided proves that you married in "good faith" and not to just so he could be in your country or you in his..Usually after your married and immigration approves he should be sent a temporary greencard for two yrs..90 days before his greencard expires you will have to fill out an I751 form to change his ADJUSTMENT of Status...meaning that the whole process starts all over, a biometrics fee is required again plus the fees of the I751 form, meaning you need to send as much proof to immigration that as I mentioned earlier that your marriage is of good faith...the forms will tell you what proof is needed and if immigration excepts the proof you send then they will put a yr extention on his temporary greencard until he is sent his greencard for 10 yrs....its usually a 8-10 month wait...

[Darnell 8,478]

......and yes I am lazy at time lines I will try to update that tonight also...

It would be exceptionally helpful to those here,

who make time to answer your questions,

if

you actually filled it out,

over at

http://www.visajourney.com/timeline/profile.php?id=186526

http://www.visajourney.com/timeline/profile.php?id=186526

http://www.visajourney.com/timeline/profile.php?id=186526

Please make time this week , so to do.

Thanks so much, and thanks in advance !

re: I485 / I765 information... How to keep Fiance here beyond 90 days? - File the big AOS set, once you have receipt notices (which will be backdated to intake day) a new period of authorized stay commences - You might have noticed that if you were reading our guides section from a PC. If yer still using a handphone to do research here - turn it off, remove the battery, and fire up yer PC... Research sucks from a handphone web browser, but is dead easy from a PC.

[kehills 217]

OK thanks for letting me know that!! What if it gets rejected though for any reason? paperwork mistakes etc?? and it runs over the 90 days of the K-1 when they reject it??

The K-1 does not have 90 days. The K-1 is expired; it expired when he entered the country. (It really helps to use accurate language when you're asking for help.) The K-1 is the "okay to enter here" one-time-use form, the I-94 is what has a 90 day expiration date.

If you are denied after filing to adjust status, there are processes for appeal. Stay on top of the paperwork, and if a denial comes up, consider hiring an expired immigration lawyer.

[sweetswinks 400]

The K-1 does not have 90 days. The K-1 is expired; it expired when he entered the country. (It really helps to use accurate language when you're asking for help.) The K-1 is the "okay to enter here" one-time-use form, the I-94 is what has a 90 day expiration date.

If you are denied after filing to adjust status, there are processes for appeal. Stay on top of the paperwork, and if a denial comes up, consider hiring an expired immigration lawyer.

What kehills said!

also, OP, please do some reading of the guides. It's beneficial for you to be prepared especially with something so important.

Guides: http://www.visajourney.com/content/k1k3aos

[Umka36 781]

I don't know if I would want to hired an expired immigration lawyer.