Is there a time limit to file for the I-485? 18 Answers as of November 30, 2011

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?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
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.
Answer Applies to: California
Replied: 11/30/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
File for an info. pass appointment to find out why the delay.
Answer Applies to: Texas
Replied: 11/28/2011
Serbinin Law Firm LLC | Igor Serbinin
There is no time limit but you are definitely should call and figure out why there is still no receipt for your application. I assumed that they cashed your application fee check. Probably attorney can be a good call in your situation.
Answer Applies to: Colorado
Replied: 11/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
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.
Answer Applies to: California
Replied: 11/18/2011
American Immigration Services, PLLC
American Immigration Services, PLLC | Lani M. Nau
He is given a time period on his I-94 to file for his green card. You can file the complete I-130, I-485 together once you are married.
Answer Applies to: District of Columbia
Replied: 11/17/2011
    Law Offices of Ricky Malik | Ricky Malik
    You need to file. Her visa and I-94 will suffice as initial proof while you wait for the I-102. Consider consulting with a competent attorney soon.
    Answer Applies to: Virginia
    Replied: 11/17/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    I do not understand what you are waiting for your I-797 to file the application for adjustment of status. USCIS does not send notices telling you to file the application for adjustment of status. You should file the I-485 as soon as possible. It would also be in your best interest to retain an immigration attorney to assist you with this matter as it could become complicated due to the delay.
    Answer Applies to: New York
    Replied: 11/17/2011
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    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.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office of Lawrence Gruner, Inc. | Lawrence Gruner, Esq
    In this situation there is not a time limit to filing the I-485 and my office has processed cases several years after the applicant entered the United States as a fiance. The fiance must marry the US Citizen petitioner within 90 days of entry to the United States, but there is no requirement that the I-485 be filed within a certain time frame. Please be advised that while there is no time limit to filing the I-485, that after the 90 days the fiance will begin to accrue unlawful presence. This will not be an issue once you file for adjustment of status but can be an issue if the fiance wants to apply for advance parole (travel document to leave the United States) while your adjustment application is pending (do not leave the United States with advance parole unless you clear travel with your Immigration Attorney). I would strongly suggest you consult with an Immigration Attorney about this matter. The attorney can help you chart an immigration plan for your particular case.
    Answer Applies to: California
    Replied: 11/16/2011
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    There is no time limit as long as you married within the 90 days.
    Answer Applies to: California
    Replied: 11/16/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    There is no time limit to file the I-485 as long as you qualify for it and in this situation you do. The main condition of marrying within the 90-day period was complied with and of course, it is always better to file as soon as practicable. There is no reason for you to wait for the I-797, the fact is that she has a consular post visa stating in what status she entered the US and the rest can be assumed. So, go ahead and file your AOS and you can deal with everything else as it comes. Good luck!
    Answer Applies to: California
    Replied: 11/16/2011
    J. Fappiano Law Office, LLC
    J. Fappiano Law Office, LLC | Justin Fappiano
    The I-797 that you need to attach is the 129F Approval Notice. If you are the petitioner, you should have received that before the file was ever sent to the Consulate. I realize you may understand that but offer it in case you are confused. After a K-1 enters the US, USCIS does not provide further instruction or forms for purposes of filing the I-485 other than what is available at the website. An I-824 is not meant to fix the problem you describe. Legally, the I-485 is supposed to be filed before the expiration of the stay authorized on the I-94 (the little white card stamped and attached to passport when s/he entered). An I-485 can be approved if filed later but s/he is considered out of status as of that expiration. A lawyer can explain the significance of being out of status and advise you if you have lost or never received the I-797 Approval Notice.
    Answer Applies to: Connecticut
    Replied: 11/16/2011
    All American Immigration
    All American Immigration | Tom Youngjohn
    Get a second opinion but I think that, unless the visa was fraudulently issued by corrupt US Consular officials, and I'm 100% certain that this was not the case, the K-1 visa stamp in your spouse's passport, the US entry stamp, and her I-94 card should be sufficient proof that she was admitted in K-1 status. Now, if your name isn't on the K-1 visa, and if your name is not on the US Consular correspondence, then it looks like you have a problem because it looks like you are not the petitioner. Ergo, no green card. But of course you have some correspondence from US State Department, or USCIS acknowledging you as the petitioner, or at least you could go to the US Consulate to get something acknowledging you as the petitioner. Right? Right. If not, then maybe you should do a Freedom of Information Act Request to get the government's file on your application. If someone else did file for her, you and her are out of luck.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Office of Eric Fisher | Eric Fisher
    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.
    Answer Applies to: Colorado
    Replied: 11/16/2011
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    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.
    Answer Applies to: California
    Replied: 11/16/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    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.
    Answer Applies to: Texas
    Replied: 11/16/2011
    Immigration Attorneys, LLP | Robert R. Gard
    I'm not aware of a time restriction that would invalidate your I-485 application or make you ineligible to file the I-485, so long as you married the I-129F petitioner within 90 days of your admission as a K-1nonimmigrant. If you go beyond the 90 days (or whatever was stamped as the expiration of your authorized stay on your I-94 Arrival/Departure Record Card), however, you will be out of status, and could be subject to arrest and detention as an "overstay", so I sure wouldn't wait beyond that I-94 expiration date, if you can help it.
    Answer Applies to: Illinois
    Replied: 11/16/2011
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