time is a factor

R

Raist01

Registered Users (C)
Ok, simply put im wondering if there is a time limit on sending off your I-485 and other forms needed? i came to the USA last year on a visa waiver from Australia. In my time here i got married, but because of a family medical problem ( my wifes mother had a major heart attack and we had to spend a number of months looking after her) i didnt have the time or chance to get all my forms together. Im not using a lawyer, im sure i can fill out all the forms myself. I have done that all now and im ready to send them off. Will i be in any trouble for waiting so long to send my forms off? obviously my initial visa has expired and i did call the INS back when it did and they said it was fine, that im now classed as Out of status until i get the forms sent in. But he never did say if there was a time limit to send them in. Does anyone know if there is or if anything bad may happen to me because of the time its taken?
Thank you
 
Hi,

I am assuming you are going the FB and not the EB route. Most folks here are EB, but I hope someone who knows about FB matters would answer your query.

However, what puzzles me is that BCIS said you were out of status, and that was ok! Or am I reading your message incorrectly? Being in status at the time of application matters when you send in your I485.

But I suppose there's something unique to FB applications - could you pay a 'fine' if you're out of status and get that transgression atoned? I wonder.

All the best.
 
yup

sorry, i only just found this site so not sure what you mean by EB and FB. However to answer you yeah when i called the BCIS it was like a week before my visa ran out.i was already married by then of course.So i called them and to tell them my situation and that ive called for the forms i need and was waiting for them through the mail, but was concerned about my status, whether i was doing everything legally since my visa was running out. Well the gentleman said that it was fine, the visa running out doesnt matter since i am now married, and the BCIS gives you time to get the forms, fill them out and send them off, mainly because it takes time to gather the needed documents, can take up to 6 weeks for the BCIS to reply after sending them off, and that in most cases the forms are wrong the 1st time and will need sending back anyway, which of course will then take another 6 weeks. His exact words were that im classed as "out of status-pending" meaning my visa had run out but that the BCIS is waiting for me to send the forms required to change my status.
Does this sound correct?
Mainly what im worried about is the length of time its been since then, because of my mother-in-laws medical problems, that i havent been able to send the forms off. Whether this will affect my application or whether i could get in some trouble for it?
 
FB: Family based
EB: Employment based

I assume that yours is family based as you are going to apply based on your marriage.

You can download forms directly from BCIS's website at
http://www.immigration.com

You can find tons on information on filling these forms at that site.

You might want check these sites for further information:

http://www.immigration.com
http://www.immihelp.com
http://www.murthy.com
http://www.immigration-law.com

Talk to your lawyer, or if you don't have one you might want to get one.
 
yup

yeah sorry applying through FB. I have all the forms, actually im sending them off today. All i wanted to know was if there was a time limit as to how long you have to send the forms off after your original visa ran out. BCIS just said its ok because im married and ive got time to get the forms regardless of my original visa but they didnt exactly say how long i have.
 
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