QUESTION
Is there a time limit to file for the I-485?
Asked on Nov 14th, 2011 on Immigration - Texas
More details to this question:
I got my fiancee here on a I-129f and we married within the 90 day's. I am trying to file for the I-485 but can't because I never received my I-797 and 797c to file for the I-485. I filed a I-824 and waiting to get my copies of the I-797 and I- 797c. It's already been 8 months ago since we married,is there a time limit to file for the I-485?
8 ANSWERS
There is no I-797 needed to file the I-485. You would simply file the application, along with the valid marriage certificate and all the other supporting documentation. There is no timeline per se to file the I-485 but if you are waiting for something you don't need, that is just a waste of time.
Answered on Nov 30th, 2011 at 3:54 PM
Assault Attorney serving Richardson, TX
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File for an info. pass appointment to find out why the delay.
Answered on Nov 28th, 2011 at 1:00 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
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Sooner the better since your fianc(e) is out of status after 90 days in the U.S. What I-797 are you talking about? You can file to adjust based on the I-129F approval and dont need an I-130. I suggest legal representation through the process as it is complicated and the fianc(e) is now out of status.
Answered on Nov 18th, 2011 at 9:26 AM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You do not need 797 to file I-485. Just attach copies of the visa page and I-94 card with your I-485 and file it ASAP. It is possible that CIS will deny your I-485 because the late filing. In that case, a new I-130 and I-485 will have to be filed concurrently.
Answered on Nov 16th, 2011 at 10:14 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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There is no time limit as long as you married within the 90 days.
Answered on Nov 16th, 2011 at 9:06 PM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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There is no time limit for filing the I-485, but you will need to file an I-130 and the wife files the I-485 at the same time.
Answered on Nov 16th, 2011 at 8:40 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Technically you want to file within the 90 days. You need to look at the expiration date of your wife or husband's I-94 card given at entry to see if he or she is still in status. You can file the I-485 with the I-130 document. You don't need to wait for the fiancee approval notice. That is not relevant here. Please seek a full consult right away with a competent immigration attorney in your area to get this matter attended to now.
Answered on Nov 16th, 2011 at 8:11 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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What I-797 are you waiting for? If your fiance entered on the K-1 visa, and you are married; you file the I-130, and there is no need for the K approval, as she has the visa and I-94. File the AOS now.
Answered on Nov 16th, 2011 at 7:43 PM