Filing I-130/AOS while on B-1/B2

[sasaqlain 24]

I have gone through so many websites, with so many different answers to my question. Is it legal to apply for an I-130/I-485 if you are in the US on a B-2/B-1 and recently married to a USC, with no fraudulent intent? If so, Do I Just file and let fate take its course at the interview? Is there anybody at this forum who has had a similar experience and would like to share it with me.

PS: For those who wish to know more about my position, in order to advise, I have been visiting the US for the last 15 years frequently on B-1/B-2

[payxibka 10,045]

I have gone through so many websites, with so many different answers to my question. Is it legal to apply for an I-130/I-485 if you are in the US on a B-2/B-1 and recently married to a USC, with no fraudulent intent? If so, Do I Just file and let fate take its course at the interview? Is there anybody at this forum who has had a similar experience and would like to share it with me.

PS: For those who wish to know more about my position, in order to advise, I have been visiting the US for the last 15 years frequently on B-1/B-2

yes, you can file I-130/I-485 concurrently. Not much you can do except let the process happen. Several on this site have travelled this path successfully

[sasaqlain 24]

Thanx Payxibka, I am awaiting the NOA1 for the I-130 filed by my Wife. I should have applied for the I-485 concurrently but couldn't do so, due to lack of documents. Am going to file the I-485/EAD along with a copy of NOA1 of I-130 in days to come. Haven't attached the I-693 since i have to go through the entire medical process as I was a B-2 entrant. Will either get an RFE or a return file, but dont want to wait. I have been told that I can file without the I-693 and mostly they ask you to bring the medical forms during the AOS interview. What do you suggest?

[payxibka 10,045]

Thanx Payxibka, I am awaiting the NOA1 for the I-130 filed by my Wife. I should have applied for the I-485 concurrently but couldn't do so, due to lack of documents. Am going to file the I-485/EAD along with a copy of NOA1 of I-130 in days to come. Haven't attached the I-693 since i have to go through the entire medical process as I was a B-2 entrant. Will either get an RFE or a return file, but dont want to wait. I have been told that I can file without the I-693 and mostly they ask you to bring the medical forms during the AOS interview. What do you suggest?

since you will be interviewed, it is your choice on the I-693.....

[sasaqlain 24]

Is it common practice to submit AOS without I-693 which surely will be provided later whenever asked for. Will the application be accepted?

[payxibka 10,045]

When in doubt refer to the form instructions:

Medical examination.

When required, submit a medical examination report on the form you have obtained from USCIS.

A. Individuals applying for adjustment of status through a USCIS Service Center.

1. General: If you are filing your adjustment-of-status application with a USCIS Service Center, include your medical examination report with the application, unless you are a refugee.

Now it appears your choice has been made for you.

Edited December 10, 2008 by payxibka

[bluegreen 0]

I included everything that was asked for. Including the medical document. It only took a few days to get that part sorted. I believe that the medical cannot be older than a year, it MUST be form I-683, it must be from a physician on the civil surgeon list provided by USCIS, it must be in a sealed envelope from the dr., and it must cost an arm and a leg. well just kidding about the arm and a leg part. I am pretty sure your B2 medical will not suffice(is it the same form?), since you had that in Pakistan, right? It seems like they want you to have the medical here, now that you ARE here.

I am not sure, but I do not believe your B2 medical stuff will suffice, Seems silly, but there you go, lots of things are so redundant in this process. I called around to all the civil surgeons in my area (30+) and found the cheapest one. It varied from $270-$700. If you can prove that you have had various vaccinations it can reduce the price (I bet you had them for your B-2 medical).

[sasaqlain 24]

Thank you for your detailed reply to my query Bluegreen. Actually When you apply from Pakistan, for a B-2, Medical check-up is not a requirement and I have to go through the entire list of check-up along with the vaccinations. Although I have had most of the vaccines when a child, it is practically impossible to collect records from Pakistan, that were applied decades ago and with me here in the US now. I am mentally prepared for the onlaught that is coming my way:). I am sure you are right. It is going to cost me arm and a leg.

My only concern is that in most vaccines i have heard there are a series of shots and has to have a certain time-gap that can delay my medical form completion. And RFE's have to be replied back to within a certain period of time.

[payxibka 10,045]

Thank you for your detailed reply to my query Bluegreen. Actually When you apply from Pakistan, for a B-2, Medical check-up is not a requirement and I have to go through the entire list of check-up along with the vaccinations. Although I have had most of the vaccines when a child, it is practically impossible to collect records from Pakistan, that were applied decades ago and with me here in the US now. I am mentally prepared for the onlaught that is coming my way:). I am sure you are right. It is going to cost me arm and a leg.

My only concern is that in most vaccines i have heard there are a series of shots and has to have a certain time-gap that can delay my medical form completion. And RFE's have to be replied back to within a certain period of time.

FWIW, for vaccinations that are a series, they do not need to be complete, they simply must have been begun

[bluegreen 0]

Thank you for your detailed reply to my query Bluegreen. Actually When you apply from Pakistan, for a B-2, Medical check-up is not a requirement and I have to go through the entire list of check-up along with the vaccinations. Although I have had most of the vaccines when a child, it is practically impossible to collect records from Pakistan, that were applied decades ago and with me here in the US now. I am mentally prepared for the onlaught that is coming my way:). I am sure you are right. It is going to cost me arm and a leg.

My only concern is that in most vaccines i have heard there are a series of shots and has to have a certain time-gap that can delay my medical form completion. And RFE's have to be replied back to within a certain period of time.

Oh I see—I'm sorry, I mis-read your original post:) I thought you had you'd had to go throught the entire medical process already. oops.

I didn't even bother trying to collect my medical records from Canada, although I was able to find a doctor who would take my word that I had received the chicken pox vaccine as a child. But Payxibka is totally right, you don't have to have the entire series of vaccines, just the first ones. I went in one day, had all the tests and vaccines, went back two days later so they could check my TB skin test, and that was it. Three days.

[sasaqlain 24]

Hope that is the case with me. I didn't mention that i have a needle phobia. I am about to pay for all the years i have been avoiding them in the past:p My sincerest gratitude to bluegreen & Payxibka.