Form I-485

[AugustKimmy 0]

Hi

I'm from France and came to US to visit my best friend for 90 days allowed.

He asked me to marry him few days ago and I'm at 70days +.

I've been told that i needed to fill up the forms I-485 and I-130 after we get married for me to be able to stay with him in the US

In the form I-485, it's saying that I'm not eligible if my authorized stay expired. My authorized stay will expire in bit less than 20days and it says i need to join the marriage certificate to the form, but the marriage certificate takes 4 to 6 weeks to be proceed and by then my 90days will be expired.

So i was wondering, can i still send the I-485 form even if my 90days expired? Or should i send the form before my 90days expired but without the marriage certificate? I'm so lost, scared and confused. I don't want to go back to my county and be without my husband. I want to stay with him.

I hope you guys can help me

[Dakine 26]

Hi

I'm from France and came to US to visit my best friend for 90 days allowed.

He asked me to marry him few days ago and I'm at 70days +.

I've been told that i needed to fill up the forms I-485 and I-130 after we get married for me to be able to stay with him in the US

In the form I-485, it's saying that I'm not eligible if my authorized stay expired. My authorized stay will expire in bit less than 20days and it says i need to join the marriage certificate to the form, but the marriage certificate takes 4 to 6 weeks to be proceed and by then my 90days will be expired.

So i was wondering, can i still send the I-485 form even if my 90days expired? Or should i send the form before my 90days expired but without the marriage certificate? I'm so lost, scared and confused. I don't want to go back to my county and be without my husband. I want to stay with him.

I hope you guys can help me

USCIS doesn't inforce the overstay as long as you entered the US legally. DON"T go home until you have your GC in hand.

Also check the GUIDES at the top of the page here.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

Edited March 27, 2009 by Haole

[AugustKimmy 0]

Thanks for your answer.

So what you're basically saying is that we can get married, and i can wait sometimes after the wedding, before sending the forms I-485 and I-130? Even my 90days expired i can still stay in US with my husband and just send the forms some month after?

I read the link but i just want to make sure lol

In the guide you linked me it's saying "There is no time limitation on when you must apply for adjustment of status after marriage to a US

citizen...you could literally stay in the US for years before doing so, and as long as you maintained your status on the

original visa, it would still be fine."

What "as long as you maintained your status on the original visa" means?

I'm sorry but i'm really nervous about this and make sure i'm doing everything the right way

Edited March 27, 2009 by AugustKimmy

[YuAndDan 153]

Only warning, the longer you delay filing I-485 and I-130 the bigger chance of you encountering a "Border Patrol" officer and they can detain you for not having evidence of lawful status (Valid I-94, Green-card, EAD card or I-485 NOA1 letter).

[AugustKimmy 0]

Only warning, the longer you delay filing I-485 and I-130 the bigger chance of you encountering a "Border Patrol" officer and they can detain you for not having evidence of lawful status (Valid I-94, Green-card, EAD card or I-485 NOA1 letter).

What do you mean by detain me?

What about just waiting 4-6weeks till i have the marriage certificate and then sending the form I-485 and I-130? Is that a reasonable amount of time?

[YuAndDan 153]

Only warning, the longer you delay filing I-485 and I-130 the bigger chance of you encountering a "Border Patrol" officer and they can detain you for not having evidence of lawful status (Valid I-94, Green-card, EAD card or I-485 NOA1 letter).

What do you mean by detain me?

What about just waiting 4-6weeks till i have the marriage certificate and then sending the form I-485 and I-130? Is that a reasonable amount of time?

Yes that is reasonable, I have seen some delay filing for much longer because they could not afford the $1010 I-485 fee.

[payxibka 10,044]

Only warning, the longer you delay filing I-485 and I-130 the bigger chance of you encountering a "Border Patrol" officer and they can detain you for not having evidence of lawful status (Valid I-94, Green-card, EAD card or I-485 NOA1 letter).

What do you mean by detain me?

What about just waiting 4-6weeks till i have the marriage certificate and then sending the form I-485 and I-130? Is that a reasonable amount of time?

it is not about the 4-6 weeks as much as it is about the longer you wait the more chance of encountering someone who might want to verify your status.... Nobody will necessarily come looking, but there is that chance encounter if you like to hang out near the border or at airports.

[AugustKimmy 0]

Ok thanks so much for all the answers guys.

I'll try not to wait too long and not hang around airports or borders lol. I'll just wait till i receive my marriage certificate and that's it.

I do need to go to airport to flight to las Vegas to get married though, but my 90days wont be expired by then, so i guess it's all good. We planned on Going to Las Vegas the 4th of april and my 90days are expiring the 14th of april. So i guess i wont have any problem to get on the plane, right?

[YuAndDan 153]

Ok thanks so much for all the answers guys.

I'll try not to wait too long and not hang around airports or borders lol. I'll just wait till i receive my marriage certificate and that's it.

I do need to go to airport to flight to las Vegas to get married though, but my 90days wont be expired by then, so i guess it's all good. We planned on Going to Las Vegas the 4th of april and my 90days are expiring the 14th of april. So i guess i wont have any problem to get on the plane, right?

Note I have seen Border Patrol officers here in Rochester about 90 miles from the nearest Border Crossing, so you never know where you may encounter one.

[AugustKimmy 0]

Oh ok. Thanks for the advice. Anyway I'm not going out often so i guess i should be fine.

Is it ok for the flight to Las Vegas though? As long as my 90days didn't expire i should have any problem at the airport right? Or will they ask me questions, why i am going there and stuff?

[YuAndDan 153]

Oh ok. Thanks for the advice. Anyway I'm not going out often so i guess i should be fine.

Is it ok for the flight to Las Vegas though? As long as my 90days didn't expire i should have any problem at the airport right? Or will they ask me questions, why i am going there and stuff?

Not a problem, the TSA tends to verify that your ID matches your airline ticket, they don't question immigrations status.

[AugustKimmy 0]

Ok thank you so much for the help, you guys have been so nice.

If i have other questions later on, i sure will come to you.

I feel way better now, coz i was so worried before, but you guys helped me a lot.

Thanks again

Edit: Hey guys, i have been told that i'll get drilled at the I-485 interview if we got married to Las Vegas o.o Is it true?

Edited March 27, 2009 by AugustKimmy

[YuAndDan 153]

Ok thank you so much for the help, you guys have been so nice.

If i have other questions later on, i sure will come to you.

I feel way better now, coz i was so worried before, but you guys helped me a lot.

Thanks again

Edit: Hey guys, i have been told that i'll get drilled at the I-485 interview if we got married to Las Vegas o.o Is it true?

They interview ALL persons who are adjusting status form visas other than K-Visas.

K-Visa holders got drilled at the consulate when they interviewed for the K-Visa, so USCIS in many cases simply approve AOS form a K-Visa without an interview.

[AugustKimmy 0]

But i don't have a k-visa. I'm here for 90days with a "visa" tourist, not really a visa because we don't need visa to come from France.

Anyway, maybe it's better if i don't go to Las Vegas to get married then? I checked Washington states law and you don't need blood test either and it only takes 3 days to get the marriage license. So i guess we could get married in Washington if it's better for the interview.

Do i need to get married before my 90days expire though?

[Kittykisses73 1]

Similar situation for how I married my husband. We married in Nov 08 13 days before his 90 days was up. It then took us till 02/09 to get everything in order. So he was 90 days past his return date. From what I understand they will forgive the overstay because it takes some time to get some of the necessary documents. Just be sure you file the I130 I485 & I765(if you plan to work) as soon as possible . We sent ours 02/29/09, got our first NOA's 03/08/09, received a biometrics appt letter 03/13/09, & had his biometrics done today. It's been a pretty smooth process so far. Good luck & much happiness PS keep me informed on how it goes!