How long can I wait to file i-485 after receiving i-797?

[Maelle 0]

Long story short I am from Canada and my husband is from the US and I moved here two years ago as an F-1 student, then we decided to get married this year. He filed the i-131 form, and everything has gone well and we received our i-797 confirmation form. After receiving the i-797 we have had events that kept us from filing the i-485 form. That being said, I was wondering how long I have to file the form i-485 after we received the i-797. We are still trying to get situated, and I want to make sure I won’t be penalized in any way for waiting before filing the i-485. 

[little immigrant 800]

Why did he only file i-131 and not i-130?

 

If it was i-130 you can file i-485 at any time

 

https://www.visajourney.com/content/i130guide2

[Maelle 0]

That was a typo, he did file the form i-130. 

So I do not have a limited amount of days before having to file i-485?

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

[Going through 5,668]

4 minutes ago, Maelle said:

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

You need to wait until you are approved for the AP...if you leave the US without one, you've basically abandoned your AOS filing, and would likely also be denied re-entry since you cannot enter the States with intent to immigrate (in which case you'd have to have a CR-1 spouse visa to re-enter.)

 

 

[Ontarkie 13,916]

~~Moved to AOS from Work, Student and Tourist Visas, from K1 Progress Reports - The OP is AOS'ing form F1~~

[geowrian 22,335]

32 minutes ago, Maelle said:

So I do not have a limited amount of days before having to file i-485?

Correct.

32 minutes ago, Maelle said:

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

If you leave the US without AP or a green card, your I-485 will be abandoned.

You cannot exit the US and re-enter with intent to stay/file an I-485. So you need to either file before exiting and wait for AP, or complete processing abroad.

 

Depending on the timeline, it may be much better to complete processing abroad. AOS (I-485) has lots of drawbacks re: work/ability to travel/more expensive/slower to get a green card. With a CR-1 visa, you can just enter and work, travel, etc. and get permanent residency upon entry.

Since you're from Canada, you shouldn't have much trouble with the CR-1 interview process abroad, and aren't likely to be denied entry as as student (or visitor). Given that the I-130 was filed already, that may make more sense.

Or maybe not..you need to figure out what is better for your circumstances. It's just a thought..

[payxibka 10,044]

You have "safe harbor" right now.  If you leave before filing the i485 or if you leave after filing the i485 but before advance parole has been approved,  the ability to adjust from inside the USA  is gone

Edited December 18, 2018 by payxibka

[aaron2020 11,651]

If you leave the US without filing AP, then you are done.

 

It's illegal to enter the US on an F1 student visa with the intent to immigrate and adjust status.

 

If you file for AOS, then you need AP to get back into the US.

 

There is no work around.  You have immigrant intent to adjust status.  You leave without AP, then you would need to wait for a spousal immigration visa which takes a year to get. 

 

 

[aaron2020 11,651]

10 hours ago, Maelle said:

That was a typo, he did file the form i-130. 

So I do not have a limited amount of days before having to file i-485?

And while I am in this “pending” period until we get things figured out, can I travel out of the country to go see my family in Canada? I am assuming I have to wait until I file the i-485 and the i-131 travel document... but if there is any chance I can see them earlier it would make everyone happy!

You would have to wait for the I-131 travel document which is taking 5-6 months to get after filing.  Filing by itself does not get you anything.  You have to have the actual AP card in your hands before you leave the US.

[Going through 5,668]

Just to recap in general----

 

Leaving the country is never an issue.

 

It's the "getting back in" part that can be a real zinger, sometimes.