i-485 time limit

[Chuckles]

I was going to sponsor my spouse via the I-485 & I-864 forms but cannot afford to go through with it at this time. My spouse and I have been married three years in the US and have been together for six years. We were approved with the I-130 last year but so far I am not in the position at this time to become a viable sponsor, the i-864 form is quite scary to read and I know of the horror stories, but seeing as I cannot afford to at this time, we've gone ahead and waited.

My question is: he has a job waiting for him back in his country and a place to live stably, and can afford to help me here via his job. If he leaves the US and forgoes applying for status change, will he still be able to visit me here or will he be stopped and questioned upon port entry and possibly be denied? He has lived with me three years prior to our marriage and spent six months at a time with me during each of those three years.

[inadmissible]

What visa status has he had, these past three years?

[Chuckles]

What visa status has he had, these past three years?

He had a B2 visitor, but he lived here three years in a row for 6 months which was fine. Then came down and we got married later on, not really planned. We had the i-130 approved.

[inadmissible]

I'm clear about the three years prior to marriage, I'm not clear about the three years after the marriage.
Was he outside the country?
Was he inside the country?
Were you both living together these past three years?

[Chuckles]

I'm clear about the three years prior to marriage, I'm not clear about the three years after the marriage.
Was he outside the country?
Was he inside the country?
Were you both living together these past three years?

We got married and then applied for i-130, and waited 14 months for that to be approved, and as of yet did not file i-485/864, and it was three years since our marriage, he is here in the US, but so far I cannot afford to sign the 864 nor can we find a co-sponsor, the AOS form is frightening. What is going to happen is he is going back to Canada, and work and has a place to stay, but we want to know if this voids everything, he wants to come back to visit and help me out with the house etc. He will of course have a return ticket, and his B2 visitor status, but still married to me. What we fear is he will be denied entry even just to visit because he basically walked away from filing the 485.

[inadmissible]

We got married and then applied for i-130, and waited 14 months for that to be approved, and as of yet did not file i-485/864, and it was three years since our marriage, he is here in the US,[...] What is going to happen is he is going back to Canada, and work and has a place to stay, but we want to know if this voids everything, he wants to come back to visit and help me out with the house etc. He will of course have a return ticket, and his B2 visitor status, but still married to me. What we fear is he will be denied entry even just to visit because he basically walked away from filing the 485.

It is an interesting question: will alien married to a United States citizen be denied entry on a tourist visa?

A more interesting question: will an alien who stayed in the United States for 3 years before leaving, be denied entry on a tourist visa?

My concern is that he is an overstay, and will be barred from subsequent entry. If that is the situation, I-485 Application to Adjust Status is his only opportunity to regain the privilege of entry.

[Chuckles]

It is an interesting question: will alien married to a United States citizen be denied entry on a tourist visa?

A more interesting question: will an alien who stayed in the United States for 3 years before leaving, be denied entry on a tourist visa?

My concern is that he is an overstay, and will be barred from subsequent entry. If that is the situation, I-485 Application to Adjust Status is his only opportunity to regain the privilege of entry.

He stayed here after we got married, and then applied which took time because USCIS made a mistake and the i-130 application had to be redone. This is where the 3 years comes in, but our plans have unfortunately changed and he has to go back. We are going to reapply when our ducks are in a row, but still fear he will be denied entry even for a visit (he'll have a return fare).

Things were so much simpler 30 years ago.

[inadmissible]

He will be barred from re-entry for 10 years as a result of overstaying in excess of a year.

[Chuckles]

He will be barred from re-entry for 10 years as a result of overstaying in excess of a year.

Just like that? Even when we applied for i-130 and got approved and were about to apply for 485? Just like that? How cold. It's no wonder couples find it hard to stay together when bureaucracy has their way. Soul sucking.

[inadmissible]

The law is the law.

All illegal aliens and their spouses need to give themselves a crash course on United States immigration laws.

I would love to see a future for my American children where this country practices open immigration policies.

Until things change, families stay together or are torn apart based on their compliance with existing law.

Adjustment Of status is the easiest way for your husband to gain the privilege of being here in the United States.

[Anne Bomowey]

I came to the United states on a fiancée visa. I married my fiancee after 47 days. For some reason, my husband has given so many excuses to file for our Change of Status. Is there a time limit to file for AOS? What are my options to get it done without his participation? Please help.

[Nicolás Velásquez]

I came to the United states on a fiancée visa. I married my fiancee after 47 days. For some reason, my husband has given so many excuses to file for our Change of Status. Is there a time limit to file for AOS? What are my options to get it done without his participation? Please help.

While it is better for you to fill in the AOS on the first 90 days, it is still lawfull to fill it in afterwards.

The worst case scenario is that your situation becomes similar to those persons that entred the US uner a visa waiver program or a non-resident visa, then married a US citizens, and then filled for AOS.

But as long as you meet the requirements for the AOS, you should fill it quickly. You need to fill it to get an Employment Authrization Document, and in most cases, to get Driver's License or open bank accounts, among other things. In a nutshell, you are much more vulnerable as a person if you do not fill your AOS.

Now, only your USC husband/wife can petition you through the I-130. If he/she does not want to submit it, you can not succesfully adjust your status through a marriage based I-485 by yourself.

Best of lucks.

Best of lucks