I485 after marriage

[philippine jimmy 0]

I know everyone says that we should file the I-485 as soon as possible but is this required? What if someone wanted to wait 6 months or even a year? I know of a specific case here in AZ that the marriage held together a while and they had filed quickly for the i485 and as soon as she got the temp green card she requested to have conditions removed and was approved. Then she bolted. Dont say the stuff that you should know ur spouse, blah blah. It is much easier to say than to do.After they get the uncondtional green card most, not all, but most will change. Ive known too many of them and foreign women seem to be very patient.

[Inky 1,110]

If you filed a K-1.

The k-1 medical is only good for 1 year. You would have to get a whole new medical.

Without the AOS to get the green card, you cannot work, you cannot leave the country. If you get caught you could get in trouble.

If you wait a whole year, you have to refile everything pay new fees submit I-130 + AOS papers fees for both of them instead of just for AOS. and then hope you get approved because if you dont then you are in trouble.

[Bobby+Umit 161]

I know everyone says that we should file the I-485 as soon as possible but is this required?

Unless the immigrant likes being deported, no, it's not required.

Depending on which visa you came in on, which varies the date on the I-94, your I-94 controls your status, if you go past that date, even if your married to an USC, you can be deported.

Only by filing for AOS can your status be protected and changed to LPR.

[belinda63 2,981]

If you come on a tourist visa and stay past the I-94 date is this a problem? Of course and the same with the K-1. You become "out of status" which means you are subject to deportation just like a tourist who overstays, or anyone on a visa. Being married to a US citizen in and of itself does not confer any immigration or resident status to the spouse. It is the actual filing of and approval of the request to become a resident that confers status to the person.

[JimVaPhuong 4,863]

The above are true, but there is a point that's been missed. The spouse of a US citizen is not the same as someone who overstayed their tourist visa. The spouse of a US citizen is eligible to adjust status. This is a critically important distinction. DHS policy is to allow someone who appears to be eligible to adjust status to attempt to do so. ICE is supposed to parole them rather than detain them. An immigration judge is supposed to suspend removal proceedings while their AOS application is adjudicated. USCIS is compelled to adjudicate the AOS application. There are protections built into the policies to ensure that someone who is eligible to adjust status gets an opportunity to do so. There are times when those protections don't apply, such a VWP overstay, but they do apply for a K1.

The requirement to file an I-130 with the AOS application shouldn't kick in unless the K1 didn't marry the petitioner within 90 days of entry (can't adjust based on the K1), or they waited so long that the AOS won't be approved until more than two years after the marriage (can't adjust to conditional resident). If they married within the 90 days, and they haven't been married two years when the AOS is approved, then an I-130 shouldn't be needed.

Jimmy, if you intentionally wait to file the I-485 then you are denying your wife an opportunity to have anything resembling a life in the United States. Using the immigration status of your spouse against them in this way is actually one of the grounds for a valid VAWA claim. Like any relationship with anybody, immigrant or not, you can't go into a marriage half hearted. Either you jump into the deep end and take your chances, or you stay out of the pool. Could she break your heart and do a runner after she gets the green card? Yeah, but the girl next door could do the same after you buy her a house. You have to trust that she won't. If you can't trust her, then your marriage isn't going to last.

[Dakine 26]

I know everyone says that we should file the I-485 as soon as possible but is this required? What if someone wanted to wait 6 months or even a year? I know of a specific case here in AZ that the marriage held together a while and they had filed quickly for the i485 and as soon as she got the temp green card she requested to have conditions removed and was approved. Then she bolted. Dont say the stuff that you should know ur spouse, blah blah. It is much easier to say than to do.After they get the uncondtional green card most, not all, but most will change. Ive known too many of them and foreign women seem to be very patient.

Some people have waited 2 years and end up getting their 10 years GC when they do the AOS. However some have been detained by ICE when caught being out of status. One I know of had to hire a immigration lawyer at 4 K to assist in her removal proceedings.

If you live or visit near borders you.she could get caught.

Best to do the AOS ASAP.

[VanessaTony 3,567]

I know everyone says that we should file the I-485 as soon as possible but is this required? What if someone wanted to wait 6 months or even a year? I know of a specific case here in AZ that the marriage held together a while and they had filed quickly for the i485 and as soon as she got the temp green card she requested to have conditions removed and was approved. Then she bolted. Dont say the stuff that you should know ur spouse, blah blah. It is much easier to say than to do.After they get the uncondtional green card most, not all, but most will change. Ive known too many of them and foreign women seem to be very patient.

No it is not "required". There is no rule that gives any "must file" date for AOS, HOWEVER, if you don't, then life can get very difficult as others have explained above.

As you quite rightly said yourself, you SHOULD know your spouse but also people change over time. Really it's all about trust. If you don't trust your spouse now, and you're concerned AT ALL that this is for a GC then pull out now. I know my husband never thought we married for a GC. If we were to divorce tomorrow (god forbid) even if it was a vicious divorce, he would never ever accuse me of marrying him for a GC. It's obvious from your post that you either don't trust her, or something has happened that's made you wonder (whether it's her friends or whatever).

Anyway, the risks are:

1. She gets detained by ICE. While it's highly unlikely she'll be deported (the whole "chance to AOS" thing) there are many many fees involved with getting her bailed, lawyers etc

2. She is unable to work, get a drivers licence, leave the country, and getting too close to borders is risky. It is IMMENSELY unfair for you to effectively lock your wife in the house or have her only able to do stuff with you or someone else to drive her. Whether that's what you intended, it's a very restrictive life and incredibly stressful too.

In order to give your wife the best chance at being happy, and thus you having a happy life with her and giving her the chance to drive, work, travel and feel like a regular person, AOS her. If you are unable to bring yourself to file for her, tell her now, divorce her and send her home. No trust = no marriage.

Edited September 23, 2010 by Vanessa&Tony

[philippine jimmy 0]

Nothing about trust .Why do ppl always assume the worst? The truth is I was told that when I file the i485 that the entire process starts new and that my wife could end up being refused immediately after the 485 is processed. This would be heartbreaking to us both because my health is so bad that I cannot travel back to theislands. We both wanted to live in teh Philippines but my insurance is not good there.

The above are true, but there is a point that's been missed. The spouse of a US citizen is not the same as someone who overstayed their tourist visa. The spouse of a US citizen is eligible to adjust status. This is a critically important distinction. DHS policy is to allow someone who appears to be eligible to adjust status to attempt to do so. ICE is supposed to parole them rather than detain them. An immigration judge is supposed to suspend removal proceedings while their AOS application is adjudicated. USCIS is compelled to adjudicate the AOS application. There are protections built into the policies to ensure that someone who is eligible to adjust status gets an opportunity to do so. There are times when those protections don't apply, such a VWP overstay, but they do apply for a K1.

The requirement to file an I-130 with the AOS application shouldn't kick in unless the K1 didn't marry the petitioner within 90 days of entry (can't adjust based on the K1), or they waited so long that the AOS won't be approved until more than two years after the marriage (can't adjust to conditional resident). If they married within the 90 days, and they haven't been married two years when the AOS is approved, then an I-130 shouldn't be needed.

Jimmy, if you intentionally wait to file the I-485 then you are denying your wife an opportunity to have anything resembling a life in the United States. Using the immigration status of your spouse against them in this way is actually one of the grounds for a valid VAWA claim. Like any relationship with anybody, immigrant or not, you can't go into a marriage half hearted. Either you jump into the deep end and take your chances, or you stay out of the pool. Could she break your heart and do a runner after she gets the green card? Yeah, but the girl next door could do the same after you buy her a house. You have to trust that she won't. If you can't trust her, then your marriage isn't going to last.

[Darnell 8,478]

philippine jimmy - nudge nudge- please update yer timeline over at http://www.visajourney.com/timeline/profile.php?id=68379 ?? Purty Please, with balikan box on it?

[JimVaPhuong 4,863]

Nothing about trust .Why do ppl always assume the worst? The truth is I was told that when I file the i485 that the entire process starts new and that my wife could end up being refused immediately after the 485 is processed. This would be heartbreaking to us both because my health is so bad that I cannot travel back to theislands. We both wanted to live in teh Philippines but my insurance is not good there.

The entire process starts new? Well' date=' that's an interesting way to look at it, but it's completely different from the point you made in your opening post. You were talking about a girl who got her conditional green card, immediately filed to remove conditions, got her permanent green card, and then bolted. My post specifically addressed what you were talking about. Now you're talking about possibly not filing the AOS because you're afraid it might not be approved. I don't know exactly what thoughts are going through your head, but let's look at the two different scenarios you seem to be concerned about.

[b']Scenario 1: You don't file the AOS application.[/b] Ok, assuming you're married by this time, your new wife will be out of status; i.e., unlawfully present, when the I-94 in her passport expires. She cannot work. She cannot get a drivers license. She cannot go to a public college or university. She can't leave the United States because she will not be able to return. Even if she travels domestically she runs the risk of her immigration status being detected, and getting jacked around by ICE or CBP. Same thing happens if you get anywhere near an international border and happen to go through an immigration check point. She can stay home and be a housewife, but you'll need to take her everywhere she goes.

Scenario 2: You file the AOS, but it's denied. USCIS will give her 30 days to either file a motion to reopen, or leave the US. If she doesn't file the motion (big mistake) and doesn't leave the US then they'll begin removal proceedings. If she does file the motion then it will buy you a few more months while they adjudicate it. Strongly recommend a good immigration attorney at this point. If the motion is approved, they'll readjudicate the AOS petition. If it's denied, then the next step is immigration court. The attorney you hire will file a motion to appeal. If it's approved, then back to USCIS to readjudicate the AOS. If it's denied, then your attorney files an appeal with the Board of Immigration Appeals (BIA). If the case is accepted and approved, then it's back to USCIS. If it's denied, then your attorney moves on to a federal appeals court.

There are two salient points to take from the above description of scenario 2. First, there is a judicial path to appeal your case as far as you care to take it. Second, unless there are some serious factors to overcome that you haven't shared with us, few cases end up having to go very far with the appeals process before they eventually get approved. Lacking those serious factors, most cases are approved, so no appeal becomes necessary. This is especially true in a K1 case because it's presumed the relationship was properly vetted at the consulate interview.

All that said, there are some valid reasons for postponing the AOS filing. For example, if you're flat broke and you have to decide between the rent or the AOS fees, then choose the rent. There are immediate consequences for not paying the rent on time.

Why are you so worried about getting denied?