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K-1 visa approved, late filing next step I-485

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  • K-1 visa approved, late filing next step I-485

    My fiance entered the US 09/19/17 on a K-1 visa. We married on 10/20/17. ( within the 90 days required) I was low on funds and just today was ready to pay the 1,200 to file the I-485. I think I made a huge mistake!! It states that I was to file within 90 days of the marriage. Will they accept my application?

    If the AOS process takes 6 months does that exceed the amount of time she has on her K-1 visa. Is she over staying the original time limit given?

    09/19/17- entered with K-1
    10/20/17- married

    01/27/18 paying and sending in I-485

  • #2
    Hello Rob,
    I think you're a bit misinformed. You're required to get married within 90 days of arrival. Not necessarily file the I-485 within that time frame. You're okay with the eligibility.
    Secondly, after you got married and sent in the I-485 paperwork, your wife is now a k immigrant. Her visa validity date doesn't count anymore. She's in the country legally and awaiting a decision. No "out-of-status" issue.
    --Good luck--
    Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.

    Comment


    • #3
      Originally posted by Robert2 View Post
      My fiance entered the US 09/19/17 on a K-1 visa. We married on 10/20/17. ( within the 90 days required) I was low on funds and just today was ready to pay the 1,200 to file the I-485. I think I made a huge mistake!! It states that I was to file within 90 days of the marriage. Will they accept my application?

      If the AOS process takes 6 months does that exceed the amount of time she has on her K-1 visa. Is she over staying the original time limit given?

      09/19/17- entered with K-1
      10/20/17- married

      01/27/18 paying and sending in I-485
      She is in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen) and she doesn't need to be in status to file for Adjustment of Status. Whether she is out of status and how long she may have been out of status is irrelevant for her AOS. Once she files I-485, she can stay in the US for as long as the I-485 is pending.

      This is my personal opinion and is not to be construed as legal advice.

      Comment

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