AOS questions

[chilltime 0]

Hey,

I've been the through the AOS process off a K-1 visa before. I've read the guides on how to do AOS on VJ.

Here are some questions/comments.

1. If you file before April 15, 2010 (tax day), do you have to use 2009 tax info on the I-864?

My feeling is that 2008 will suffice, though a RFE is possible.

2. If you marry within the K-1 mandatory 90 day period, what exactly is your status if you do not file for AOS within those 90 days?

I read that the immigrant is here under the discretion of the AG of the USA. Is that right? Does applying for AOS after the 90 day period affect one's application?

3. Are transferring vaccinations to the I-693 necessary?

I read about using the 3025. In our case, the embassy/doctor did not give my wife any copy of the 3025. They did give proof of vaccination however. I applied for AOS before with my ex-wife and I don't remember having any problems with this issue (1999). Anyone have any experience with getting by off the embassy's copy of the vaccinations? I feel we may get RFE'd here.

Thanks

-b

[Kathryn41 3,205]

Duplicate thread removed

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1. If you file before April 15, 2010 (tax day), do you have to use 2009 tax info on the I-864?

My feeling is that 2008 will suffice, though a RFE is possible.

You should use the most recent tax documents that are required which would be the 2008 tax transcripts if you file before April 15, however if you are very close to the date you will probably receive an RFE and would almost definitely be required to bring them if you are scheduled for an interview. If you have them done, send them in. If you don't, well then you can't.

2. If you marry within the K-1 mandatory 90 day period, what exactly is your status if you do not file for AOS within those 90 days?

I read that the immigrant is here under the discretion of the AG of the USA. Is that right? Does applying for AOS after the 90 day period affect one's application?

Your status is not set by the K-1 - that 'expires' when you cross the border. The status is set by the I-94 you receive when you enter the US. The K-1 requirement is that you get married within 90 days, and by doing so, you are eligible to apply for adjustment of status based upon the k-1. If you do not marry within the 90 days then you cannot adjust status based upon the K-1 but have to file an I-130 as well. If you get married but do not file for AOS within the 90 days set by the I-94, then you are out of legal status. You status is given by the I-94 when you cross the border. Once you apply for the AOS, your status then changes and you are here under the discretion of the AG - not before you apply for the AOS, however. As long as you have married within the 90 days you have fulfilled the terms of the K-1 visa. You are not required to apply for the AOS within the same 90 day period, although it is definitely in your best interests to do so.

3. Are transferring vaccinations to the I-693 necessary?

I read about using the 3025. In our case, the embassy/doctor did not give my wife any copy of the 3025. They did give proof of vaccination however. I applied for AOS before with my ex-wife and I don't remember having any problems with this issue (1999). Anyone have any experience with getting by off the embassy's copy of the vaccinations? I feel we may get RFE'd here.

While previous applicants were successful in just including the 3025 (vaccination worksheet) if their vaccinations were complete (I was one of those), that doesn't seem to be the case anymore. A lot of recent AOS applicants who submitted just the worksheet rather than getting the vaccinations report transferred to the I-693 have received RFEs for the completed I-693 for vaccinations. Since you did not see the 3025 to see if it states 'Medical waiver possible' which indicates they may waiver the need to provide the vaccination transfer, you are better off arranging to have the vaccinations transferred and submitting the I-693 with the AOS application.

Edited April 14, 2010 by Kathryn41

[Mike B. 231]

Hey,

I've been the through the AOS process off a K-1 visa before. I've read the guides on how to do AOS on VJ.

Here are some questions/comments.

1. If you file before April 15, 2010 (tax day), do you have to use 2009 tax info on the I-864?

My feeling is that 2008 will suffice, though a RFE is possible.

2. If you marry within the K-1 mandatory 90 day period, what exactly is your status if you do not file for AOS within those 90 days?

I read that the immigrant is here under the discretion of the AG of the USA. Is that right? Does applying for AOS after the 90 day period affect one's application?

3. Are transferring vaccinations to the I-693 necessary?

I read about using the 3025. In our case, the embassy/doctor did not give my wife any copy of the 3025. They did give proof of vaccination however. I applied for AOS before with my ex-wife and I don't remember having any problems with this issue (1999). Anyone have any experience with getting by off the embassy's copy of the vaccinations? I feel we may get RFE'd here.

Thanks

-b

1. If it's not yet April 15, 2010, you don't really need to have the 2009 tax info. However, today is April 14, 2010, so you should probably be filing your taxes PDQ.

2. There is a ton of debate on VJ (much of it mean-spirited) about the potential legal ramifications of not adjusting status before your I-94 expires. Basically, if you apply a little late it doesn't seem to be held against you. Even if you are "out of status," you are not "unlawfully present." However, there are very good reasons to adjust status. For example, if you do not, you really don't have solid proof available to you that you are legally present in the United States. Just today Arizona approved a drastic bill that would require the cops to jail people if there is reasonable suspicion that they are here illegally and don't have any evidence that they are not. Even if you would get out of jail in a day or two once things were cleared up, why would you want to go through that? Also, if, God forbid, a family member of yours got sick or died in his or her home country and you wanted to go visit, you'd be stuck down there without a green card or advance parole.

3. The doctor is supposed to give you a copy of the DS-3025. In fact I think it says "give copy to patient" or something. Can you call the doctor and get a copy sent to you?