Timing our EAD or AOS with medical report expiration & 2 yr anniversary

[ding 1]

Married August, 6, 2007

Medical Report May 13, 2008

Interview (visa soon after) July 11, 2008

The medical expires in 1 year, I've read, 5-13-09.

Our 2 year wedding anniversary is 8-6-09.

1) I'd like to file EAD I-756 and get 10 yr green card, can we do it and not get a new medical report?

2) Anyone have a link handy for the medial expiry and requirements?

3) Aprox. cost for new medical and requirements?

[rebeccajo 14]

Your medical is good for one year.

No one can predict when your I485 will be adjudicated after you file it. It may take 60 days - it may take 180 plus.

As a K3 entrant you can receive work authorization before filing for adjustment of status.

So it's up to you if you want to roll the dice and try to save the cost of a new medical exam vs. filing later to get a 10-year card. Exam fees will vary from doctor to doctor, so no one can advise you on the cost of that.

[rin and john 71]

Your medical is good for one year.

No one can predict when your I485 will be adjudicated after you file it. It may take 60 days - it may take 180 plus.

As a K3 entrant you can receive work authorization before filing for adjustment of status.

So it's up to you if you want to roll the dice and try to save the cost of a new medical exam vs. filing later to get a 10-year card. Exam fees will vary from doctor to doctor, so no one can advise you on the cost of that.

I thought the AOS had to be filed within one year of the medical, not the approval. Seems I read this in a thread awhile back. Rin's had been more than a year so she had to do the medical again - it was only $120 at the CS in Memphis.

Ding - I planned the same thing for Rin with regards to getting a 10 yr GC and avoid dealing with USCIS again until naturalization. She hasn't worked (well not true, she takes care of three children, a house, a yard, a garden, and a pool - OK she works more than I do!). So we just sent our AOS package yesterday including EAD. Our 2nd anniversary is October 9th, so we hope the GC is issued after that date to receive a 10yr GC. Our original plan was to wait until August or September to file AOS, but with the tax rebate this year, we needed to get the EAD completed before the end of September, then get SSN's, then file our taxes (I filed for a six month extension so have to file by Oct 15th).

If you file EAD only before AOS, you will have to pay the filing fee; with AOS it is free for the EAD. If you have already filed taxes without a SSN for your wife for tax year 2007, then you can get EAD, get SSN, then file an amended return and qualify for the tax rebate.

John

Edited June 21, 2008 by rin and john

[rebeccajo 14]

Your medical is good for one year.

No one can predict when your I485 will be adjudicated after you file it. It may take 60 days - it may take 180 plus.

As a K3 entrant you can receive work authorization before filing for adjustment of status.

So it's up to you if you want to roll the dice and try to save the cost of a new medical exam vs. filing later to get a 10-year card. Exam fees will vary from doctor to doctor, so no one can advise you on the cost of that.

I thought the AOS had to be filed within one year of the medical, not the approval. Seems I read this in a thread awhile back. Rin's had been more than a year so she had to do the medical again - it was only $120 at the CS in Memphis.

Ding - I planned the same thing for Rin with regards to getting a 10 yr GC and avoid dealing with USCIS again until naturalization. She hasn't worked (well not true, she takes care of three children, a house, a yard, a garden, and a pool - OK she works more than I do!). So we just sent our AOS package yesterday including EAD. Our 2nd anniversary is October 9th, so we hope the GC is issued after that date to receive a 10yr GC. Our original plan was to wait until August or September to file AOS, but with the tax rebate this year, we needed to get the EAD completed before the end of September, then get SSN's, then file our taxes (I filed for a six month extension so have to file by Oct 15th).

If you file EAD only before AOS, you will have to pay the filing fee; with AOS it is free for the EAD. If you have already filed taxes without a SSN for your wife for tax year 2007, then you can get EAD, get SSN, then file an amended return and qualify for the tax rebate.

John

It does - for the consular medical to be accepted for AOS. Is that not what I said? Maybe I was unclear.

[rin and john 71]

Ding - This is from the I-693 instructions, FAQ's:

"2. What if I am a K nonimmigrant visa holder and

already had a medical exam overseas?

If you were admitted as a:

A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e), or as a

B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3

spouse of a U.S. citizen, and

C. You received a medical examination prior to

admission, then-

a. You are not required to have another medical

examination as long as your Form I-485,

Application to Register Permanent Residence or

Adjust Status, is filed within one year of your

overseas medical examination.

b. You will, however, be required to complete Part

1, Information about you, and submit the

vaccination section of Part 2 with your

adjustment of status application. A designated

civil surgeon must complete the vaccination

section and Part 5, the Civil Surgeon's

Certification."

So I think your SO's AOS would have to be filed prior to the 1 yr anniversary of the medical exam.

John

Edited June 21, 2008 by rin and john

[rin and john 71]

Your medical is good for one year.

No one can predict when your I485 will be adjudicated after you file it. It may take 60 days - it may take 180 plus.

As a K3 entrant you can receive work authorization before filing for adjustment of status.

So it's up to you if you want to roll the dice and try to save the cost of a new medical exam vs. filing later to get a 10-year card. Exam fees will vary from doctor to doctor, so no one can advise you on the cost of that.

I thought the AOS had to be filed within one year of the medical, not the approval. Seems I read this in a thread awhile back. Rin's had been more than a year so she had to do the medical again - it was only $120 at the CS in Memphis.

Ding - I planned the same thing for Rin with regards to getting a 10 yr GC and avoid dealing with USCIS again until naturalization. She hasn't worked (well not true, she takes care of three children, a house, a yard, a garden, and a pool - OK she works more than I do!). So we just sent our AOS package yesterday including EAD. Our 2nd anniversary is October 9th, so we hope the GC is issued after that date to receive a 10yr GC. Our original plan was to wait until August or September to file AOS, but with the tax rebate this year, we needed to get the EAD completed before the end of September, then get SSN's, then file our taxes (I filed for a six month extension so have to file by Oct 15th).

If you file EAD only before AOS, you will have to pay the filing fee; with AOS it is free for the EAD. If you have already filed taxes without a SSN for your wife for tax year 2007, then you can get EAD, get SSN, then file an amended return and qualify for the tax rebate.

John

It does - for the consular medical to be accepted for AOS. Is that not what I said? Maybe I was unclear.

OK, I read your first and second lines together and thought you were implying that the timing depended on adjudication date.

[honey143 0]

My husband is also here on K3 and we plan to file for EAD first and wait for our 2nd anniversary next yr to file for AOS so that he will get the 10 yr card. how long is the EAD valid until we have to renew it again?

[Zee Bee 61]

My husband is also here on K3 and we plan to file for EAD first and wait for our 2nd anniversary next yr to file for AOS so that he will get the 10 yr card. how long is the EAD valid until we have to renew it again?

1 year.

Someone will correct me if I am wrong.