Applying for AOS in the USA

[Peter_Pan 661]

Is there a list of the medical requirements for AOS-ing from K1?

Edited May 15, 2012 by Peter_Pan

[TiffsHubby4 0]

Good Morning Everyone,

I am new here so bare with me somewhat

I came to the United States too visit my girlfriend for 2 months during my visit here we found out that my girlfriend is pregnant with my baby were extremely happy about this and on the spur of the moment 2 weeks ago we got married not what we really had in mind thought it would take alot longer but i guess we were excited and happy with what is happening I have some questions needless too say i now wish too stay with my wife and baby and i have been told that if i was too return to the UK it could take a long time to apply etc for the visa process and my girlfriends expectant in 8 months so i believe our option is AOS if i am right in thinking.....

i have a number of questions....

1) a lawyer as told us that i can stay here and apply for AOS status immediately and if its not back before 90 days is up i can still live with my wife while the process is going through but i must not depart the USA or i will be refused re-entry

2) My wife lives in a housing scheme where shes not allowed a non-us citizen too live at the home unless there us citizen will the immigration service check too see who owns the house and contact them or will they just be interested that i live there and thats enough information for them

3) I am assuming im not allowed too work at all if i stay here and apply for AOS

4) We don't have no documents in our joint names at all because we only just got married the only thing we will have is my name on the birth certificate of our baby when she/he is born

Any help would be so welcomed

last thing i want too do is walk away from my wife and child they will need me here

Thanks

David

[Basee 2]

Good Morning Everyone,

I am new here so bare with me somewhat

I came to the United States too visit my girlfriend for 2 months during my visit here we found out that my girlfriend is pregnant with my baby were extremely happy about this and on the spur of the moment 2 weeks ago we got married not what we really had in mind thought it would take alot longer but i guess we were excited and happy with what is happening I have some questions needless too say i now wish too stay with my wife and baby and i have been told that if i was too return to the UK it could take a long time to apply etc for the visa process and my girlfriends expectant in 8 months so i believe our option is AOS if i am right in thinking.....

i have a number of questions....

1) a lawyer as told us that i can stay here and apply for AOS status immediately and if its not back before 90 days is up i can still live with my wife while the process is going through but i must not depart the USA or i will be refused re-entry

2) My wife lives in a housing scheme where shes not allowed a non-us citizen too live at the home unless there us citizen will the immigration service check too see who owns the house and contact them or will they just be interested that i live there and thats enough information for them

3) I am assuming im not allowed too work at all if i stay here and apply for AOS

4) We don't have no documents in our joint names at all because we only just got married the only thing we will have is my name on the birth certificate of our baby when she/he is born

Any help would be so welcomed

last thing i want too do is walk away from my wife and child they will need me here

Thanks

David

1. Your lawyer is right

2. Immigration isn't interested in the local ins and outs of your housing scheme. They will want to see that you live there. It might be worth checking with your housing scheme if there are any proviso's regarding married couples. You don't want to find yourself evicted while your wife is pregnant.

3. Your assumption is right, until you get your EAD (Employment Authorization Document) it is illegal for you to work in the US. So when you file, ensure you apply for it, it doesn't cost extra.

4. Now that you have made the decision to be with your wife, between you, you can put together your package.

• Your wife can add you to her bank account.
  
• I'm assuming if she's in a housing scheme, she is on a low wage, does she have medical insurance? if so, she can put you on that.
  
• You may choose to open a life insurance policy for both of you. God forbid anything should happen to either of you, but having a cushion for finances would be of great help.
  
• You are able to get a temporary drivers licence as a visitor, it will last as long as your visa, once you are out of status you will have to wait for your Notification of Application (NOA) to show you are in the process of adjusting before they will renew it, then they will give you a licence for a year. That will show your address and act as ID and your wife can put you on her car insurance if she has any.
  

These things take time to accumulate, so while you are doing your research into Adjustment of Status (AOS) you can be getting on with those. Do ensure you read up on the documents needed for each thing. If you do not have your birth certificate, you will need to get someone to send it to you. If you came to the US under the Visa Waiver program, make sure you have the number they gave you. The chances are you won't have an I-94, if you do, keep it safe!!!! you will need it.

[Basee 2]

Another note, print off emails etc that you may have exchanged, if you have phone records that might help too. Any pictures you may have taken during visits and flight stubs if you keep them all go to show your ongoing relationship. The fact that she is pregnant is neither here nor there at this moment. Far as immigration is concerned until they see the birth cert with both your names on it, it's irrelevant.

[jueribizu 0]

Just received from the mail the hard copy of I-797 Approval Notice for I-130

Tomorrow, we have a schedule visit for medical exam and vaccination shots required for I-485

I want to know if the doctor or surgeon will give us a copy of the medical records

aside from the sealed envelope with the medical records that is required to send to

USCIS.

Just want to have an idea on how this medical exam procedure goes.

[AtariBaby 17]

You should call them now and make sure they'll agree to it. And remind them when you're there! And make sure they fill out everything correctly before you leave. If they don't, be insistent they do it over again.

It's not the end of the world, but we caught a minor mistake on ours that could have gotten us an RFE.

Also, our doctor took his role rather seriously and seemed to be asking us tricky questions about my wife working and stuff. Just be aware.

I heard one nightmare report about a doctor thinking someone was "acting stoned" and so the doctor gave them a drug test which resulted in a rejection, so that's another thing to watch out for. That was certainly a rarity, but FYI.

[jueribizu 0]

You should call them now and make sure they'll agree to it. And remind them when you're there! And make sure they fill out everything correctly before you leave. If they don't, be insistent they do it over again.

It's not the end of the world, but we caught a minor mistake on ours that could have gotten us an RFE.

Also, our doctor took his role rather seriously and seemed to be asking us tricky questions about my wife working and stuff. Just be aware.

I heard one nightmare report about a doctor thinking someone was "acting stoned" and so the doctor gave them a drug test which resulted in a rejection, so that's another thing to watch out for. That was certainly a rarity, but FYI.

Were you able to get copy of the medical record from your doctor

Thanks for the heads up

[AtariBaby 17]

Oh yes, they agreed to give us a photocopy. I think it's a fairly common request.

In all likelihood your thing will go off without a hitch. It usually does! But obviously sometimes things go wrong and so you want to be as careful as possible.

Edited May 29, 2012 by AtariBaby

[jueribizu 0]

Oh yes, they agreed to give us a photocopy. I think it's a fairly common request.

In all likelihood your thing will go off without a hitch. It usually does! But obviously sometimes things go wrong and so you want to be as careful as possible.

Well thank you for the reply.

I will request for the copies of all my medical records then.

[jueribizu 0]

I just had my medical exam and it all went well, cost us $330 including the vaccinations (Tdap, MMR)

Blood drawn, TB skin test and doctor check up.

Now, I'm preparing to submit my I-485 application. Have some questions about the forms.

a) I'm going to send my I-485 with I-765. I read in some post that I-765 is FREE when you submit it with I-485, is this correct?

b) On I-864, Part 7. Use of assets to supplement income

If the annual income my husband makes exceeds the poverty guideline, should I just leave all question from 26-29 blank or N/a?

My husband has a kid but doesn't live with us, the kid comes here every other weekend (Friday-Sunday) to spend time with us. The kid lives with the mother and goes to school close to where they live. Is the kid considered part of our household?

c) When I submitted my I-130, I used my maiden name. Now that I'm in the process of sending I-485. I'm thinking of still using my maiden name on all my form just because that's how we started the process. Is there a way that they will change my maiden name to my husbands last name if I include a request letter to USCIS to issue all my documents with my husbands last name like EAD, GC.

Thanks for the response.

[VanessaTony 3,567]

I just had my medical exam and it all went well, cost us $330 including the vaccinations (Tdap, MMR)

Blood drawn, TB skin test and doctor check up.

Now, I'm preparing to submit my I-485 application. Have some questions about the forms.

a) I'm going to send my I-485 with I-765. I read in some post that I-765 is FREE when you submit it with I-485, is this correct? No. The fee is waived. You don't pay for it so basically the same thing but the wording is important.

b) On I-864, Part 7. Use of assets to supplement income

If the annual income my husband makes exceeds the poverty guideline, should I just leave all question from 26-29 blank or N/a? blank

My husband has a kid but doesn't live with us, the kid comes here every other weekend (Friday-Sunday) to spend time with us. The kid lives with the mother and goes to school close to where they live. Is the kid considered part of our household? Sounds like you love "the kid" :S Yes his child counts. Not that you asked but your wording is very... hostile towards his child...

c) When I submitted my I-130, I used my maiden name. Now that I'm in the process of sending I-485. I'm thinking of still using my maiden name on all my form just because that's how we started the process. Is there a way that they will change my maiden name to my husbands last name if I include a request letter to USCIS to issue all my documents with my husbands last name like EAD, GC. Put married name on the forms and you should be fine

answers in red above.

Edited June 4, 2012 by Vanessa&Tony

[Ft. Lauderdale 0]

Hi Folks,

My AOS has been denied.

During AOS process left the country and came back with advance parole card.

After my AOS was denied, I received a letter that I have 30 days to leave the country and that I would be illegal in the US after the 30 days.

Can I leave and come back on my B1/B2 visa?

Thank you.

[Alex and Sofya 7]

Sorry to hear that.

Was it denied after interview? I don't think that it traveling during AOS process was an issue. Can you please give us more detail?

[Ft. Lauderdale 0]

Sorry to hear that.

Was it denied after interview? I don't think that it traveling during AOS process was an issue. Can you please give us more detail?

Yes, it was denied after the interview. We tried to fight it and we are still fighting.

Of course I did not leave after the 30 days notice. Can't leave my wife behind, house payments and so on.

Still have my B1 visa in my passport. I was wondering if I can leave know and come back with my B1 or would I get problems once the border officer interviews me?

Thanks.

[LindaC1990 23]

Yes, it was denied after the interview. We tried to fight it and we are still fighting.

Of course I did not leave after the 30 days notice. Can't leave my wife behind, house payments and so on.

Still have my B1 visa in my passport. I was wondering if I can leave know and come back with my B1 or would I get problems once the border officer interviews me?

Thanks.

I doubt that they will let you in with B1 visa.

Once you show you are intended to immigrate, they should not issue you any kind of nonimmigrant visa.

But you currently have an unexpired visa, so I think it's up to the CBP officer. I would say your chance is very slim.

Hope someone else who had the same situation can give you a better answer. Good luck