Questions: AOS in the US for a K3 (wife)

[Bernie31]

Perhaps this has been covered before but being new and nervous about our AOS, we humbly ask for your suggestions and comments.

Our time line so far -

Married in Jun 2009
Filed I-130 July 1
Filed I-129F July 16
Approval of both I-130 and I-129F Sept 18
Rec'd Notification of approval Sept 26
Case Number issued Oct 1, 2009
Found out about Case Number on Nov 17, 2009 - fired attny for being negligent - Moron made us waste nearly 2 months.
Police Cert - Mid Nov 2009
Medical - Nov 23, 2009
Interview for NIV (K3) at consulate - Dec 3, 2009
I-94 at JKF - Dec 9, 2009

Now, we need to file I-485, I-864, G-325A, I-864. Not sure if I-765 (EAD) is critical as this point.

Question is - Do we need the I-693 medical as my wife's med is less than 6 months old. IF we do not need it, how do we make reference to this waiver.

Also, we had put together quite a voluminous binder of supporting docs. These were submitted with both I-130 and I-129F.

Do we need to submit them again with some newer stuff that we have managed to get since we arrived in the US, Dec 9th?

Much obliged with your feedback and suggestions

[nichole]

File the I-485 (Adjustment of Status)

Photographs (2) of immigrant (passport type)
Photocopy of birth certificate of immigrant with translaton
Photocopy of passport biographical page and K1/K3 visa page
Form G-325A Biographic Information Sheet (immigrant)
Form I-864 Affidavit of Support (by USC) with photocopies of supporting documents. Some suggestions:
---Employment letter
---3 years tax returns including copies of W2s (Photocopy) Only 1 year is required, but send 3 if income is good and it helps your case
---six recent pay stubs (Photocopy)
Photocopy of I-797 Notice of Action, I-129 (or I-130) Petition Approval Notice from USCIS
Certified copy of Marriage Certificate
Photocopy of Form I-94 Arrival/Departure record, front and back (card from the plane, may be stapled in passport)
Form I-693 with the immunization section filled out by a US Civil Surgeon, signed and sealed by him. Read the instructions for the form.

I-765 (Employment Authorization)

Photographs (2) of immigrant (passport type)
Photocopy of passport biographical page and K1 visa page
Photocopy of Form I-94 Arrival/Departure record

I-131 (Advance Parole travel document) For K1s, not K3s as they can travel freely in and out of the US for 2 years)

Photographs (2) of immigrant (passport type)
Statement of circumstances that warrant issuance of advance parole
Photocopy of passport biographical page and K1 visa page
Photocopy of Form I-94 Arrival/Departure record

And a check for $1010 made out to the Department of Homeland Security
That's 3 separate applications with supporting evidence all mailed together in one envelope with one check. They will get processed in different places, so that's why the duplication of evidence. You don't have to do all three, but the second two are free if sent with the AOS and will get you authorized to work or travel sooner than waiting for the green card to arrive in most cases. Green card could take 6 months. Work and travel 60-90 days.

Do not work until the I-765 is approved and you have the EAD card
Do not leave the US until the I-131 is approved (K1s) and you get the travel documents or you will not be allowed back in. Once you have a green card, then no problem.

Just one problem with the I-693. No, she does not need a new full medical exam. Her medical records were in the brown envelope she turned in when she entered the country. The USCIS is supposed to retrieve that file and match it up with your AOS application. You are supposed download and print the brand new version of the I-693 and fill out the first part about her. Then a civil surgeon is supposed to complete only the immunization section (Part 2, section 5). You would provide any record of immunization she has. Most have a DS-3025 sheet of their immunizations that were filled out and given to them at their overseas visa medical exam. If she got additional required shots in the US, then take the record of that too. The civil surgeon will note all the immunizations from all sources on the one form. Then he is supposed to sign off the I-693 in the last section, seal it in an envelope, and give it to you to mail with AOS. Many people just sent a photocopy of the DS-3025 if all shots required for AOS were taken (and recorded) before the overseas medical. It is not a requirement to get a visa, but many finished their immunizations for AOS before they entered the US. We did that and did not see a civil surgeon at all.

BUT here's the latest problem. Many people since November 2009 started getting requests for evidence (RFE) sent back from the USCIS requesting a "properly completed I-693." It's one of those one-size-fits-all forms that doesn't say what the particular applicant needed to do. It is being sent to people who only sent in the DS-3025, but it is also sent to people who did the whole civil surgeon thing with the immunization page filled out, signed and sealed as the USCIS instructions say is the thing for K visa applicants to do. People are really confused because they did send a proper I-693 and this is a new recent development and a brand new wording from what previous requests for evidence used to say. It's odd that it became a widespread problem starting with people who filed in November, yet there is no record that USCIS changed their policy other than to drop the requirement of HPV vaccine and zoster for women. Does it mean USCIS actually "lost" the overseas medicals of masses of people, so is requesting a new exam? Is somebody new screening the applications and they didn't get the word that K immigrants don't need to take the whole medical over? It's one of those new hiccups that people haven't really worked out what is expected for them to send back in reply to the RFE.

And no, you don't have to send any relationship evidence, other than proof that you married if you are a K1. Not sure about K3s, but it probably wouldn't hurt to send a copy of the marriage certificate with translation if from a different country. When you go to an interview for the green card, you will take proof of your married relationship here in the US. That will be things like photos together esp. with family members, joint bank account, both names on a lease or insurance plan or utility bill, mail received to Mr/Mrs at your address....just anything to show you live together, mix with inlaws or friends, and co-mingle finances helps prove you have a real marriage.

[Whsia]

Bernie31

So its safe to assume that the K1 visa app takes about 4-5 months to completely go through? (since you mentioned that your attorney messed up and cost you two 2 months). We've been dating for two years now and i just went to TW to propose to her. I know a proposal doesn't have a legal binding but its a step. Now i'm in the process of compiling the paperwork to send it off.

[Bernie31]

Thank you!!! Nicole.

It is the I-693 that has us worried. Will do as you outlined and deal with the RFE if it comes to that.

The supporting stuff we continue to collect (insurance, jt bank accounts, mingling with family and friends, credit cards, etc) and we have copies of all Marriage, birth certs, etc translated and notarized as to the authenticity of the copies as well as the translation.

OK, so with a nice deep breath we are ready to plunge with this AOS (I-485, I-693, I-765 for EAD) in one envelope with a check for $1,010.

Thank you again. And will keep you all posted.

[Bernie31]

So its safe to assume that the K1 visa app takes about 4-5 months to completely go through? (since you mentioned that your attorney messed up and cost you two 2 months). We've been dating for two years now and i just went to TW to propose to her. I know a proposal doesn't have a legal binding but its a step. Now i'm in the process of compiling the paperwork to send it off.

I can only speak for K3 and yes it was very quick which why it gnaws me that my attny lost us time especially with his claim of "Superior, timely and Effective" service.

Not sure how the AOS will work in terms of time, but I rather have my wife here with me and get on with our lives than have to travel once or twice a month to visit her.

BTW, what is TW? Good luck.

[Whsia]

Bernie, thanks for the insight my friend. And i'm happy for you sir. TW stands for Taiwan. It has good relations with America so hopefully nothing array will go wrong. Once again thanks for the help.

[Bernie31]

An update on the I-693 portion of our AOS app.

My wife has a valid exam (vac records etc) that is very recent. We took her vac records to a Civil surgeon. The Nurse insisted on a full exam. I read chapter and verse from the instructions that said she only needed her vaccination records entered in Part II and signed off on.

The nurse was pushing us to get MMR and Hep A shots. Added cash for their coffers. I was, and am, dead set against taking stuff you do not need. Given that her vaccination record was found adequate by US DOS standards, why in sam hill were we being forced to have her take additional shots? Money seems to be the simply answer (with the very high markuips these Drs enjoy in this aree).

So, we had my wife's blood drawn and antibody titers for MMR and Hep A were ascertained. The report, consistent with the previously demonstrated adequacy of her vaccinations, indicated that her titer levels were excellent. We then took this to the Civil Surgeon and they accepted it and we got our I-693 with Part II done and delivered in a sealed envelop.

Now, we are scrambling to get our marriage cert and her birth cert translated with certificates of authenticity (translation) before the AOS stuff is filed with $1,010 in a cashier's check.

Stay tuned.

[Bernie31]

The wheels are turning slowly at our end too. Got the critical certs translated with certs of translation authenticity. Now time for one last check and then off to the powers that be for processing.

[Bernie31]

Decided to wait on my 2009 1040 being ready to send along with the I-864. So, filing delayed by a week or so.

[Bernie31]

April 21 - AOS Package delivered by FedEx to the powers that be.

[Bernie31]

Just to make it easy to follow our timeline -

Married in Jun 2009
Filed I-130 July 1
Filed I-129F July 16
Approval of both I-130 and I-129F Sept 18
Rec'd Notification of approval Sept 26 by US Mail.
Case Number issued Oct 1, 2009
Found out about Case Number on Nov 17, 2009 - fired attny for being negligent - Moron made us waste nearly 2 months.
Police Cert - Mid Nov 2009
Medical - Nov 23, 2009
Interview for NIV (K3) at consulate - Dec 3, 2009
I-94 at JKF - Dec 9, 2009
Filed AOS - April 21, 2010

[Bernie31]

An update to our timeline -

Married in Jun 2009
Filed I-130 July 1
Filed I-129F July 16
Approval of both I-130 and I-129F Sept 18
Rec'd Notification of approval Sept 26 by US Mail.
Case Number issued Oct 1, 2009
Found out about Case Number on Nov 17, 2009 - fired attny for being negligent - Moron made us waste nearly 2 months.
Police Cert - Mid Nov 2009
Medical - Nov 23, 2009
Interview for NIV (K3) at consulate - Dec 3, 2009
I-94 at JKF - Dec 9, 2009
Filed AOS - April 21, 2010
App Acknowledged by USCIS on April 27, 2010
Notice rec'd at home by US Mail - May 1m 2010 (for I-485 and I-765)
Bimetrics to be scheduled.

[Bernie31]

An update to our timeline -

Married in Jun 2009
Filed I-130 July 1
Filed I-129F July 16
Approval of both I-130 and I-129F Sept 18
Rec'd Notification of approval Sept 26 by US Mail.
Case Number issued Oct 1, 2009
Found out about Case Number on Nov 17, 2009 - fired attny for being negligent - Moron made us waste nearly 2 months.
Police Cert - Mid Nov 2009
Medical - Nov 23, 2009
Interview for NIV (K3) at consulate - Dec 3, 2009
I-94 at JKF - Dec 9, 2009
Filed AOS - April 21, 2010
App Acknowledged by USCIS on April 27, 2010
Notice rec'd at home by US Mail - May 1m 2010 (for I-485 and I-765)
May 4, 2010 - Rec'd Notification of Biometrics appt scheduled for May 21, 2010

[nichole]

Update on something I posted earlier about the I-693 and medical exam for a K1 adjusting status.

File the I-485 (Adjustment of Status)
It's odd that it became a widespread problem starting with people who filed in November, yet there is no record that USCIS changed their policy other than to drop the requirement of HPV vaccine and zoster for women. Does it mean USCIS actually "lost" the overseas medicals of masses of people, so is requesting a new exam? Is somebody new screening the applications and they didn't get the word that K immigrants don't need to take the whole medical over?

I researched and yes, somebody new was screening the applications starting in that time frame. There are contractors who open all the applications. The contract was up for bid and a new company won and took over Fall 2009. The issue doesn't seem to be as widespread now. I think the new contractors weren't ordering the A-file of the K1 applicants, which is where their medical exam information would be found.


And a comment on Bernie's post

An update on the I-693 portion of our AOS app.
The nurse was pushing us to get MMR and Hep A shots. Added cash for their coffers. I was, and am, dead set against taking stuff you do not need. Given that her vaccination record was found adequate by US DOS standards, why in sam hill were we being forced to have her take additional shots? Money seems to be the simply answer (with the very high markuips these Drs enjoy in this aree).

DOS doesn't really evaluate the shot records of K1s and K3s. They are recorded on the medical record, but aren't required to get a visa. Many people think if they got a visa, then their shots are finished. It's when applying for Adjustment of Status to remain in the US that USCIS requires all immunizations be up-to-date. A K1/K3 could have zero prior immunizations and still be granted a visa.

[Bernie31]

Be that as it may about DoS and vaccinations. I still stand opposed to boosters for the heck of it to generate cash flow for Drs. Thus, we took the route of establishing that she did not need said vaccination boosters as she had prior immunity as evidenced by specific antibody titers.