Help with I 485

[ssutton]

Hello,
    My fiance' arrived here on December 19th and we were married on January 4th. We began the process of getting all the I-485 papers together and started the medical and legal process for her afadavit of support right away. However, i have a problem. I never received a notice of her approval for the I-129. She found out before me from Moscow that she was approved and will be getting an interview. So i thought that it would eventually come. Well now that we are Married and ready to send in the forms i noticed that a copy of the approval is needed for the I-485. Well i spent 3 days trying to call TSC to find out why i never got one and how i can get one. I figured they could just mail one out to me. Nope, i had to submit form I-824 to request another approved petition paper. It was 140.00 $ for there mistake. The lady on the phone told me that the Notice of Approval came back undeliverable. I haven't moved!!! But they are sending another one i pray. But how much time do i have. I got the Notice of Action on the I-824 today but will i get in trouble if i do not send in my I-485 before the 90 day period??? Or is it just that we have to be married in the 90 day period which we are??? Thank you for all your help.

[apk]

... in response to Help with I 485, posted by ssutton on Mar 7, 2002

You are required to get married 90 days after her arrival, the expiration date is shown on her I-94 in her passport.
You will then have 180 days to get her AOS taken care of. Even if that time expires, she will be out of status but that is nothing more than an another form and some additional fees to pay.
yes, you will need a copy of your approved notice of action.

After my wife and I spent all day at Ins San francisco, I believe that they will make any excuse to send you away without approved AOS and the needed work card.

[keith]

... in response to Help with I 485, posted by ssutton on Mar 7, 2002

My wife and I recently filed the I 485...... have you tried calling your local center and asking for direction (I know sometimes it is a street hassle to get through on the phone... perhaps in person). I hate to agree with the lawyer bit but perhaps it is something to think about... or maybe your local congressman or senator and their office might be able to help- this would be something very good to look into- this is what they are paid for-... like I said wish I had more to offer... wishing you and your wife the best,
Keith

[Bill P]

... in response to Help with I 485, posted by ssutton on Mar 7, 2002

I was told that it is really the getting married within the 90 days that counts.  But the forms you file after the 90 days may be different.  I have a friend who messed up the filing of his I-485 and had to send it in again a few months later.  They didn't give him any kind of advanced processing.  He just had to start from scratch.  They were able to get receipt of their filing for getting an advanced parole, so there did not seem to be any penalty for filing after the 90 days.  There are two ways you can go:
1) send in your I-485 application now with a copy of the forms you filed to get a new approval form  and send in the approval notice copy to be added to your file at a later date  or
2) Wait until you get that form to file your paperwork.  Contacting your local congress representatives could put you in touch with a liason that can check on the status of getting another approval notice or helping to speed things along.  I'd probably wait until I had the approval document in hand before filing.  

Good Luck

-Bill P

[keith]

... in response to Re: Help with I 485, posted by Bill P on Mar 8, 2002

Hey Bill-- this is sort of spooky LOL- you must have posted about a millisecond after I did and you also suggested contacting a congressman and or senator-- great minds think alike eh... lol---- by the way if memory serves me correctly you have been a big help in the past in my search and in case you didnt know-- my finding of a fantastic wife.. thanks again,
Keith

[Bill P]

... in response to Re: Re: Help with I 485, posted by keith on Mar 8, 2002

I'm glad I could be of help.  Just returning the favor of Dan and a few others that have helped me find my own wonderful wife.

-Bill P

[ssutton]

... in response to Help with I 485, posted by ssutton on Mar 7, 2002

Surely someone out there has some information on this?

[ssutton]

... in response to Re: Where are you guys?, posted by ssutton on Mar 8, 2002

Ok thats good information, thank you for your help. I think we will wait it out.
-Scott

[BarryM]

... in response to Re: Where are you guys?, posted by ssutton on Mar 8, 2002

http://www.k1faq.com/

If things are really messed up, you may want to hire an immigration lawyer to help you get it fixed. One thing a lawyer can do is protect you when the INS screws up your paperwork. If the INS comes to deport your wife because they screwed up the paperwork, you'll have to have a lawyer anyway. It may cost a couple of grand but it can save you a lot of hassle.

-blm

[Mike]

... in response to This may be a small help...link, posted by BarryM on Mar 8, 2002

I've been reading forums and news groups for a long time now, and I have never heard of anyone that is here and married being deported, or anyone ever coming to a persons house, or sending a letter telling a spouse to leave. Has anyone ever known of this actually happening to anyone?
I know if someone came to my door and said they were going to take my wife and send her home you would see me on CNN! Crazy man has a shot out with INS for fu@king with his family!
Mike

[BarryM]

... in response to But I never heard of this before ??, posted by Mike on Mar 9, 2002

If someone comes here legally, it's like pulling teeth to deport them. Being in Texas, I see and hear about it all the time. If an immigrant does not take care of paperwork and deal with the INS, they could deport in a few days. What happens is after the INS arrests an illegal immigrant, there is a hearing. If there is no defense at the hearing, the immigrant is immediately deported(most illegal Mexicans do not contest deportation... they usually come back across the border in a few days anyway). If the deportation is contested, the immigrant may have to stay in detention until a trial, which could be several weeks or longer. Some Cuban immigrants stayed in detention for 2 years while the various trials were going on. If you don't take care of the INS issues, they could come back to bite you on the butt.

-blm