I-485 past 90 days

[Jenerii 1]

Hi all, 

 

My fiancee came to USA on February 20th. We got married on April 18th (the delay was due to the pandemic). But it was fortunately within 90 days. However, we didn't get to send out the I-485 form within 90 days. We are freaking out because apparently that means my fiancee is no longer legal. We are working on finishing up everything and mailing it out very soon. What are the repercussions of us sending it out past 90 days? 

 

Correct me if I'm wrong, but apparently the I-485 will take a year to process? If so, does that mean my fiancee won't be legal for that long? Will she be deported? How do we prevent that from happening? 

 

We would appreciate any input. Thank you!

[Liam2021 560]

5 minutes ago, Jenerii said:

Hi all, 

 

My fiancee came to USA on February 20th. We got married on April 18th (the delay was due to the pandemic). But it was fortunately within 90 days. However, we didn't get to send out the I-485 form within 90 days. We are freaking out because apparently that means my fiancee is no longer legal. We are working on finishing up everything and mailing it out very soon. What are the repercussions of us sending it out past 90 days? 

 

Correct me if I'm wrong, but apparently the I-485 will take a year to process? If so, does that mean my fiancee won't be legal for that long? Will she be deported? How do we prevent that from happening? 

 

We would appreciate any input. Thank you!

When you file I-485 and received NOA1, you fiancee is authorized to stay.

[Jenerii 1]

3 minutes ago, H&T said:

When you file I-485 and received NOA1, you fiancee is authorized to stay.

So until then, my fiancee is not legal?

[arken 4,197]

Don’t worry about it. There are no repercussions I485 processing wise. As long as she doesn’t go out breaking other laws for cops to seek her, she is fine. Just file it asap.

[VISBIS 18]

You can apply for the adjustment of status at any point after you get married, but you must marry within the permitted 90 days upon arrival.

You just need to submit the I-485 now (along with the other documents), but will be out of status from I-94 expiry until your I-485 is accepted for processing by USCIS.

Edited May 25, 2020 by VISBIS

[Lucky2Lucky 2,526]

55 minutes ago, Jenerii said:

So until then, my fiancee is not legal?

Technically; yeah. Gather all your documents and complete all the forms and mail it in. There is never any good that comes from waiting. Wouldn’t suggest traveling within 100 miles of the border as well.

 

Once you submit the I485 and receive the NOA1 that is her proof of legal status, or pending legal status. Assuming you are submitting the I765 and I131 When your fiancé receive those cards she can work and travel. That takes approx 6 months. 

Edited May 25, 2020 by Luckycuds

[geowrian 22,335]

After the 90 days, she will not have a legal status.

Once AOS is filed, she will have a period of authorized stay by the AG.

Unless she does something to merit deportation (not just being in the US), then there is no issue.

[Just Paul 4,591]

1 hour ago, Jenerii said:

So until then, my fiancee is not legal?

File the AOS packet and that will be fine.

[Duke & Marie 1,389]

2 hours ago, Jenerii said:

So until then, my fiancee is not legal?

Technically for the period i94 ends until noa1 received yes illegal, so best to file As soon as possible, once filed, noa1 will be sent within a month or so and then they have authorised stay until AOS case has been processed 

[Nastya_7smile 86]

That’s required to fill and send forms for 90 days, but in immigration law of US here is no terms about that, just as soon as possible after wedding. People who sent later are fine.

We sent 6 month after, cause that is expensive.

[DaveAndAnastasia 2,079]

1 hour ago, Nastya_7smile said:

We sent 6 month after, cause that is expensive.

Delaying AOS filing to save money is a false economy. The immigrant spouse can't work legally until getting EAD or a green card, which he or she can't get without AOS. Even a minimum-wage job will make more than cost of AOS fees in a few months.

[Nastya_7smile 86]

1 hour ago, DaveAndAnastasia said:

Delaying AOS filing to save money is a false economy. The immigrant spouse can't work legally until getting EAD or a green card, which he or she can't get without AOS. Even a minimum-wage job will make more than cost of AOS fees in a few months.

I absolutely agree. That is investment and better not to delay. But it can be other reasons than economy, just other needs.

[Carpe Vinum 2,310]

I have stated on here before that during my first K1 we filed for AOS after the 90 days. I really don't remember why. It had nothing to do with money. It caused no problems whatsoever. The important thing is getting married within 90 days and file for AOS as soon as possible.

[geowrian 22,335]

4 hours ago, Nastya_7smile said:

in immigration law of US here is no terms about that, just as soon as possible after wedding. People who sent later are fine.

More precisely, these 2 sentences cover 2 different immigration aspects and are mutually exclusive...

After the 90 days, you are overstaying the K-1 visa just like anybody that overstays a visa (like a tourist that overstays). The same consequences apply. A K-1 is no different than any other visa that one overstays.

Once you properly file the I-485, a period of authorized stay begins. This can be filed after the 90 days without any issue.

 

It is unlikely but possible to be detained and even put into removal after the 90 days but before filing the I-485.

I only point this out as there tends to be a misunderstanding between being lawfully present and being eligible to apply for AOS. People have married within the 90 days and then delayed filing the I-485 since there was no time limit to do so...only to get into some very uncomfortable situations.

Example:

 

4 hours ago, Nastya_7smile said:

We sent 6 month after, cause that is expensive.

1 hour ago, Nastya_7smile said:

But it can be other reasons than economy, just other needs.

You noted that it was expensive, which implies economical reasons.

[Ryan H 3,791]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.