K3 adjustment of status

[nellieandsimon 0]

On AOS form I-485 I am unsure which category (in part 2) I am supposed to apply under. Category a.) seems to be the one, however it means that I need to have a whole new medical done, despite having just had one done a couple of months ago for the K3 visa. In addition, at my K3 visa medical I was told I would only need to submit my vaccination records (which they gave me a copy of), and my chest x-ray (which I got at my K3 visa interview) when I applied for my green card. I have never been given a copy of my medical. All this seems to follow the guidelines for applying for my AOS under category c.) even though it does not mention the K3 visa directly.

Which category I should be applying for my AOS under?

Do I need to get a whole new medical done?

Many thanks for any advice.

[payxibka 10,047]

On AOS form I-485 I am unsure which category (in part 2) I am supposed to apply under. Category a.) seems to be the one, however it means that I need to have a whole new medical done, despite having just had one done a couple of months ago for the K3 visa. In addition, at my K3 visa medical I was told I would only need to submit my vaccination records (which they gave me a copy of), and my chest x-ray (which I got at my K3 visa interview) when I applied for my green card. I have never been given a copy of my medical. All this seems to follow the guidelines for applying for my AOS under category c.) even though it does not mention the K3 visa directly.

Which category I should be applying for my AOS under?

Do I need to get a whole new medical done?

Many thanks for any advice.

category A

new medical not required if it has been less than one year

[Reba 2]

the panel physcian should have given you a copy of your vaccination record at your original medical. If they didn't you can request a copy be sent to you, usually at your expense. you don't need to also send a copy of the x-ray, USCIS already has that from when you handed over the brown envelope at POE.

You do not need to have another medical exam done, unless the first one was one year or more ago.

[nellieandsimon 0]

I was given my vaccination records, but they did not take my X-ray at my POE, I still have it. My X-ray was given to me at my interview, separate to my brown envelope of documents I received with my visa/passport. I am assuming there was not a smaller copy of the X-ray in the brown envelope, so should I send it in along with my vaccination records when I apply for my adjustment of status?

Thanks for any help

[payxibka 10,047]

I was given my vaccination records, but they did not take my X-ray at my POE, I still have it. My X-ray was given to me at my interview, separate to my brown envelope of documents I received with my visa/passport. I am assuming there was not a smaller copy of the X-ray in the brown envelope, so should I send it in along with my vaccination records when I apply for my adjustment of status?

Thanks for any help

NO... the required x-ray evaluation was included in the medical report

[nellieandsimon 0]

ok, no need to include my x-ray. many thanks for your helpful and quick responses.

[rin and john 71]

ok, no need to include my x-ray. many thanks for your helpful and quick responses.

Nellieandsimon - Looking at your timeline, you may want to consider waiting a month or two before submitting your AOS. If it is approved quickly - before your second wedding anniversary (about 25% of AOS are approved without interview), you will be given a two year GC. If it is approved after August 24th (your second anniversary) you will receive a 10 yr GC and then can forego the time and expense of lifting conditions two years from now. Your next dealings with USCIS would either be in 3 yrs (naturalization) or 10 yrs (GC renewal).

[nellieandsimon 0]

ok, no need to include my x-ray. many thanks for your helpful and quick responses.

Nellieandsimon - Looking at your timeline, you may want to consider waiting a month or two before submitting your AOS. If it is approved quickly - before your second wedding anniversary (about 25% of AOS are approved without interview), you will be given a two year GC. If it is approved after August 24th (your second anniversary) you will receive a 10 yr GC and then can forego the time and expense of lifting conditions two years from now. Your next dealings with USCIS would either be in 3 yrs (naturalization) or 10 yrs (GC renewal).

yes, we had been wondering if filing for AOS now would be a bit soon. However, i really need to be able to work and we had been hoping to cut costs by filing my EAD request at the same time as my AOS forms.

Am i correct in thinking that we'll have to pay to file the EAD request if we file it before the AOS paperwork?

[payxibka 10,047]

yes, we had been wondering if filing for AOS now would be a bit soon. However, i really need to be able to work and we had been hoping to cut costs by filing my EAD request at the same time as my AOS forms.

Am i correct in thinking that we'll have to pay to file the EAD request if we file it before the AOS paperwork?

yes

[rin and john 71]

ok, no need to include my x-ray. many thanks for your helpful and quick responses.

Nellieandsimon - Looking at your timeline, you may want to consider waiting a month or two before submitting your AOS. If it is approved quickly - before your second wedding anniversary (about 25% of AOS are approved without interview), you will be given a two year GC. If it is approved after August 24th (your second anniversary) you will receive a 10 yr GC and then can forego the time and expense of lifting conditions two years from now. Your next dealings with USCIS would either be in 3 yrs (naturalization) or 10 yrs (GC renewal).

yes, we had been wondering if filing for AOS now would be a bit soon. However, i really need to be able to work and we had been hoping to cut costs by filing my EAD request at the same time as my AOS forms.

Am i correct in thinking that we'll have to pay to file the EAD request if we file it before the AOS paperwork?

Yes, if EAD is filed before AOS, you have to pay the EAD fee (but in your case you would save the I-751 fee two years from now). Really up to you if you are willing to take the gamble on the AOS taking longer than 4 months. Those that are transferred and approved without interview typically are done in 2 to 4 months; if an interview is required then it is more like six months (or longer).

An unrelated question - How has your husband filed taxes the past two years - Single, HOH, MFS or MFJ? Depending on your situation (and assuming your income from the UK was not too high - over $87,000), then he could have filed MFJ and most, if not all, of your income would have been excluded. MFJ has a lower tax rate and would lower the tax burden. Additionally, if you file MFJ for TY 2008 (just filed this year) and you have a SSN, then you would have most likely qualified for the tax credit (up to $600). Rin and I actually waited to file last year until she had her SSN to qualify for the credit (with three children our total credit was $2,100 - would have been $0 if we had filed with the ITIN prior to getting her and the children's SSNs).

[nellieandsimon 0]

Yes, if EAD is filed before AOS, you have to pay the EAD fee (but in your case you would save the I-751 fee two years from now). Really up to you if you are willing to take the gamble on the AOS taking longer than 4 months. Those that are transferred and approved without interview typically are done in 2 to 4 months; if an interview is required then it is more like six months (or longer).

An unrelated question - How has your husband filed taxes the past two years - Single, HOH, MFS or MFJ? Depending on your situation (and assuming your income from the UK was not too high - over $87,000), then he could have filed MFJ and most, if not all, of your income would have been excluded. MFJ has a lower tax rate and would lower the tax burden. Additionally, if you file MFJ for TY 2008 (just filed this year) and you have a SSN, then you would have most likely qualified for the tax credit (up to $600). Rin and I actually waited to file last year until she had her SSN to qualify for the credit (with three children our total credit was $2,100 - would have been $0 if we had filed with the ITIN prior to getting her and the children's SSNs).

Thanks for your help John. I think i'll go ahead and apply for my EAD now and hold off on the AOS for a couple of months.

My husband filed his taxes MFJ and had my UK wages excluded. I don't have a SSN yet though so didn't qualify for the tax credit.

Thanks again

[rin and john 71]

Yes, if EAD is filed before AOS, you have to pay the EAD fee (but in your case you would save the I-751 fee two years from now). Really up to you if you are willing to take the gamble on the AOS taking longer than 4 months. Those that are transferred and approved without interview typically are done in 2 to 4 months; if an interview is required then it is more like six months (or longer).

An unrelated question - How has your husband filed taxes the past two years - Single, HOH, MFS or MFJ? Depending on your situation (and assuming your income from the UK was not too high - over $87,000), then he could have filed MFJ and most, if not all, of your income would have been excluded. MFJ has a lower tax rate and would lower the tax burden. Additionally, if you file MFJ for TY 2008 (just filed this year) and you have a SSN, then you would have most likely qualified for the tax credit (up to $600). Rin and I actually waited to file last year until she had her SSN to qualify for the credit (with three children our total credit was $2,100 - would have been $0 if we had filed with the ITIN prior to getting her and the children's SSNs).

Thanks for your help John. I think i'll go ahead and apply for my EAD now and hold off on the AOS for a couple of months.

My husband filed his taxes MFJ and had my UK wages excluded. I don't have a SSN yet though so didn't qualify for the tax credit.

Thanks again

Once you have your SSN, you can file an amended return (1040X) and claim the tax credit for you. You'll need to wait until the originally submitted return has been processed prior to filing the amended return. The $600 will more than cover the EAD fee!

[nellieandsimon 0]

Yes, if EAD is filed before AOS, you have to pay the EAD fee (but in your case you would save the I-751 fee two years from now). Really up to you if you are willing to take the gamble on the AOS taking longer than 4 months. Those that are transferred and approved without interview typically are done in 2 to 4 months; if an interview is required then it is more like six months (or longer).

An unrelated question - How has your husband filed taxes the past two years - Single, HOH, MFS or MFJ? Depending on your situation (and assuming your income from the UK was not too high - over $87,000), then he could have filed MFJ and most, if not all, of your income would have been excluded. MFJ has a lower tax rate and would lower the tax burden. Additionally, if you file MFJ for TY 2008 (just filed this year) and you have a SSN, then you would have most likely qualified for the tax credit (up to $600). Rin and I actually waited to file last year until she had her SSN to qualify for the credit (with three children our total credit was $2,100 - would have been $0 if we had filed with the ITIN prior to getting her and the children's SSNs).

Thanks for your help John. I think i'll go ahead and apply for my EAD now and hold off on the AOS for a couple of months.

My husband filed his taxes MFJ and had my UK wages excluded. I don't have a SSN yet though so didn't qualify for the tax credit.

Thanks again

Once you have your SSN, you can file an amended return (1040X) and claim the tax credit for you. You'll need to wait until the originally submitted return has been processed prior to filing the amended return. The $600 will more than cover the EAD fee!

ah ha. Thanks for the tip...we will definitely do that.