Help: H1b expiring and Marriage to a USC

[IamChris 0]

Hi,

My name is Chris and I am just starting the journey to Green Card.

I am currently in H1B with Stanford (no-profit organization) but my visa is expiring on Jan 2 (date on the I-94). Since problems with the budgets they are not probably going to renew it. I am starting to be more aggressive with job search right now and I should have probably started before.

My fiance and I decided to get married long time ago but for some reasons we had to delay till now. We are getting married on Dec 15.

So far I have these 4 questions:

1. After we are married we are going to file for Green Card.
   I was thinking to follow the instructions at http://www.visajourney.com/content/i130guide2
   Some links are outdated. Ex: I-693 one. So I wonder: are the information there still accurate?
   
2. I received this by email from USCIS update:
   USCIS Introduces First-Ever Fee Waiver Form, a standardized form for requesting waivers of the fees charged for immigration-benefit processing. Form I-912, Request for Fee Waiver, will become available for use on Nov. 23, 2010 – the same day USCIS’s latest fee schedule takes effect. Read the news release: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2a1c003cf147c210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
   Not sure what it means and if it applies to my situation, does it? What does it mean?
   
3. I was trying to acts on things that can take time. I have already received vaccination transcripts and birth certificate. I just started with I-693, Report of Medical Examination and Vaccination Record
   I found this new document:
   http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
   What I really need to do about it?
   A friend that filed for K-1 suggested I found a Civil Surgeon here:
   http://www.visajourney.com/forums/topic/231026-civil-surgeons-who-dont-rip-you-off/page__st__30
   On the page it says that it is $10 for vaccination transcriptions. However it looks that I-693 is something more than that. In this case they are asking for $145 + $105 (if I need extra vaccinations) = $250 O_o
   I have the vaccination transcription from my home country. I am not sure that I have all the required vaccinations and if something is necessary beside that. I wonder why people in the above thread are talking only about vaccination transcripts when it looks like I need the full body exam. I am also going to have a full check-up on Dec 20 with my health insurance. Can I leverage some of that?
   
4. Can I have a new employer apply for H1B (or H1B transfer) after we file for Green Card?
   
5. Considering deadlines and that we do not have a lot of time left, there is something important you think I need to know and consider carefully or I should prioritize? We are probably going to file around Dec 21 after a short honeymoon and my Visa expire in 12 days from then.
   

Thank to everybody that is going to help in advance.

Best,

Chris

[Boiler 46,336]

[*]After we are married we are going to file for Green Card.

I was thinking to follow the instructions at http://www.visajourney.com/content/i130guide2

Some links are outdated. Ex: I-693 one. So I wonder: are the information there still accurate?

Always a good idea to go the mother lode, the USCIS web site and check for latest versions of docs and fees.

[*] I received this by email from USCIS update:

USCIS Introduces First-Ever Fee Waiver Form, a standardized form for requesting waivers of the fees charged for immigration-benefit processing. Form I-912, Request for Fee Waiver, will become available for use on Nov. 23, 2010 – the same day USCIS’s latest fee schedule takes effect. Read the news release: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2a1c003cf147c210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Not sure what it means and if it applies to my situation, does it? What does it mean?

You can safely ignore all that.

[*] I was trying to acts on things that can take time. I have already received vaccination transcripts and birth certificate. I just started with I-693, Report of Medical Examination and Vaccination Record

I found this new document:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

You will need the medical, shop around, prices vary, might be covered by your medical insurance. It has to be done by a list Doctor.

[*] Can I have a new employer apply for H1B (or H1B transfer) after we file for Green Card?

They could, might not be happy incurring the cost when you will have an EAD and no need a few weeks later.

[*] Considering deadlines and that we do not have a lot of time left, there is something important you think I need to know and consider carefully or I should prioritize? We are probably going to file around Dec 21 after a short honeymoon and my Visa expire in 12 days from then.

Once you H is gone you will need EAD to work and AP to travel.

[Harpa Timsah 13,258]

The link you provided about transcribing vaccinations to the I-693 is for people who entered on a K-1 visa... This does not apply to you.

You must go to a USCIS-designated Civil Surgeon and have a full medical exam. They will test you for TB and syphilis etc. If you can prove you have the required vaccines then you obviously do not need to get them again. A Civil Surgeon must fill out I-693, not you. They will give it to you in a sealed envelope when it is complete. Your normal checkup won't likely help much... the CS will want to make the examination themselves, as they are signing off on it, but you can always try. What is more important is the lack of TB and syphilis, which probably won't be checked at your normal check-up. $145 without any shots sounds like a good price to me. Good luck.

[IamChris 0]

The link you provided about transcribing vaccinations to the I-693 is for people who entered on a K-1 visa... This does not apply to you.

You must go to a USCIS-designated Civil Surgeon and have a full medical exam. They will test you for TB and syphilis etc. If you can prove you have the required vaccines then you obviously do not need to get them again. A Civil Surgeon must fill out I-693, not you. They will give it to you in a sealed envelope when it is complete. Your normal checkup won't likely help much... the CS will want to make the examination themselves, as they are signing off on it, but you can always try. What is more important is the lack of TB and syphilis, which probably won't be checked at your normal check-up. $145 without any shots sounds like a good price to me. Good luck.

Can you obtain a I-693 before you get married?

Is it typical that the health insurance cover these kind of expenses?

I am missing some vaccinations. Can I get them through my health insurance?

Regarding time constraints:

1. What happen the green card application do not reach the USCIS before the date on I-94 in which I am supposed to be out of the country? Can they deny the to accept the application or the green card because of overstay?
   
2. What are the things related with the preparation of the application for GC, that can take a undetermined, no-in-our-control or long amount of time that I should ASAP to be able to be ready to file on December 16?
   

Thanks you in advance!

[Harpa Timsah 13,258]

Can you obtain a I-693 before you get married?

Is it typical that the health insurance cover these kind of expenses?

I am missing some vaccinations. Can I get them through my health insurance?

Regarding time constraints:

1. What happen the green card application do not reach the USCIS before the date on I-94 in which I am supposed to be out of the country? Can they deny the to accept the application or the green card because of overstay?
   
2. What are the things related with the preparation of the application for GC, that can take a undetermined, no-in-our-control or long amount of time that I should ASAP to be able to be ready to file on December 16?
   

Thanks you in advance!

-Yes, you can fill out the medical before you get married. There are usually two appointments a few days apart, one to administer tests, one to look at results.

-Health insurance usually does not cover this expense, as far as I know.

-Yes, you can get the vaccinations through your health insurance, or even free if there is a county health department accessible to you. I would go to the first appointment, get the tests started, and then ask what vaccines you are missing. Go get the vaccines you need, then go back, show proof of new vaccines, and get test results and completed and sealed I-693. Ask them if they will also make a copy for your records.

You can send in your application after your I-94 expires. Any overstay is irrelevant/forgiven for immediate relatives of US Citizens, which includes a spouse. So, nothing bad happens if it doesn't make it there by Jan 2, although your new EAD will take 2-3 month from whenever you send it in, so you might lose some work the later you send it in.

You can start filling out the forms now. Look at the instructions and see what you need. Every situation is different, but off the top of my head, some things that can take a while might be, your birth certificate and certified copies of translations for all documents not in English. (There are some VJ members who translated documents themselves... we went to an inexpensive service with a licensed translator, so I don't know about that). You need your spouses tax complete tax returns for at least last year, and proof of her current employment. Look at the guides, good luck! Congrats on your marriage!

EDIT: The guide you are looking at is right... always go to uscis.gov though and get the latest versions of forms. Process is the same as the guide says.

Edited December 5, 2010 by Harpa Timsah