Question in need of help

[Craig1973 0]

Hi,

I just got married this month to a woman who came here from China. She came on a B1 visitor visa with the inetntion of only visiting and I talked her into marrying me about 5 months now after she first arrived. I am trying to get her status adjusted by filing out forms I-130 and I-485. In particular the form I-485 I know is what I need to get done. Her I-94 allows her to remain here legally for about another month. I have almost everything I need to file the two forms, but I also need to get her seen by a civil surgeon for the medical portion of form I-485.

I have been trying to find one, but I do not think I can get her in to see one before her I-94 says she is supposed to go home by. I am wondering what I should do. I found a form I can fill out asking for an extension on her stay, but it says give reasons why she will return, etc... We have no plans on sending her back.

How big of a no-no is it to be late in getting her I-485 filed by the date on her I-94? Can I file form I-485 without the medical form (I-693) and then send that in after she has seen a civil surgeon?

Any help/advice would be greatly appreciated.

Thank you

[Inky 1,111]

Do not file with anything missing. Just get it all done ASAP, use the civil surgeon locator from USCIS you should be able to find one that can get her in.

[Craig1973 0]

Do not file with anything missing. Just get it all done ASAP, use the civil surgeon locator from USCIS you should be able to find one that can get her in.

Hello again,

I did use the civil surgeon finder from USCIS, but unfortunately (or fortunately) I live in NH and there are only 3 doctors that come up when I do that. I have contacted all three and not one says they can see her by the date on her I-94. One can see her just after the date on her I-94, so I was thinking about having her see that doctor and filing the forms shortly after the date on her I-94, but that of course has me worried. I do not know if that would mean automatic denial or simply put the process in jepordy; neither of which is desireable. Any other advice?

Thank you,

Craig

[SLDFK 4]

If I was in your shoes, I would consider the following:

1. Travel further outside of your town/city/state to find a CS who would see her as soon as possible.

or buy some time by

2. Sending the AOS packet prior to the expiration of the I-94 without the I-693 and wait for the RFE. During this time, get the I-693 completed and get it ready to send off when the RFE arrives.

This is just what I would consider. There may be other solutions.

[prep.mac 7]

Hi Craig:

Please see my timelines below...this should give you an idea what we have gone through so far (still waiting for ssn here and AOS interview set for July 25). I am adjusting fom a B1/B2 visa too..we got married April 25, my I-94 was due May 17. We sent AOS May 2, received May 4. We got RFE for medical but time- wise we're good still. She won't be "out of status" and be asked to leave cuz you filed before the expiration and I have read here that even those who have overstayed were "forgiven" and still got approved due to marriage to a USC. Suggest you go ahead and file I-130, I-485 with I-765 and I-131. Go ahead schedule your I-693 (medical) so u can mail the result from the CS ONCE you get the RFE since you seem to have prepared all the contents of the packet.

Good luck!

5/02/11 - sent AOS packet (I-130/I-485/I-765) to Chicago Lockbox

5/04/11 - AOS packet received by Chicago Lockbox

5/23/11 - Received NOA for RFE (I-693)

5/27/11 - Sent RFE to DHS Lee's Summit, MO

6/02/11 - DHS Lee's Summit received REF reply

6/06/11 - Biometrics done at Louisville, KY as per NOA schedule

6/24/11 - Received NOA for July 25 interview in Indianapolis, IN

6/30/11 – Received text and email messages EAD card on production

7/06/11 - Received text and email messages EAD card on production AGAIN!!!

7/07/11- Received text and email messages EAD was approved and USCIS mailed me a notice.

7/09/11 – EAD card IN HAND! J

7/11/11 – SSN application @ Bloomington, IN office

7/25/11 – AOS interview @10am in Indianapolis, IN

I-130 Petition for a Minor Child of USC

6/25/11 - Sent I-130 packet for stepchild

6/27/11 – USCIS receipt date

6/28/11 - Received text and email messages stating USCIS received it and moved case to CSC

7/01/11 - Touched

7/02/11 – Received NOA1

[lady26 0]

is it possible you can travel to Boston? There are more doctors around here.. I did my medical in Malden MA

good luck

[francastor 1]

After you do what has been suggested up there, do NOT panic if you are unable to see a surgeon before the expiration date. It will only matter if you are denied (her overstay will come into play); and even then, unless those surgeons are like months behind in appointments booked I don't think she'd have accumulated enough overstay time to warrant a ban (IF denied).

So again, try everything you can; but if you can't it shouldn't be that big of an issue.

Good Luck!

[Darnell 8,479]

get the medical done asap.

USUALLY any overstay is forgiven after the green card has been printed.

[Ban Hammer 13,491]

moved to the applicable forum for this type of visa.

[BenjaminUKtoUSA 7]

If you can't get the I-693 before the I-94 date, then like mentioned above, either arrange to be seen in another state / city location.

Or,

Send it off without the I-693 and wait for a RFE requesting the documentation. This will delay your overall progress and it is still just as risky.

[Craig1973 0]

Hello again,

I want to thank all of you for being so very helpful. I took the advice and looked out of state for a civil surgeon. I was not only able to find one, but we got her seen today, so that was great. I was kind of worried because she had no vaccination records, but the civil surgeon just charged me more and gave her what he said were the appropriate shots for someone her age to be admitted without any problems.

We go back in a couple of days to make sure the TB test is fine and if so I was told copies of the paperwork will be made and the original will be given back to me in a sealed envelope.

Everything else I believe I have done and so it is just a matter of getting this and sending the applications to the correct place (filing both the I-130 and I-485 at the same time).

I can tell I kind of upset the people at the place we went to today as I am kind of particular about what is needed. I probably asked and actually told them that they should make two copies of the paperwork, one for them and another for us in case we need it for a vaccination record, and to put the original in a sealed envelope with the words, "DO NOT TOUCH. FOR ISCIS USE ONLY" on one side and the doctors initials on the closed side covering both parts, all enclosed in clear tape. They kept looking at me like, we know what to do leave us alone, but they do not know just how important this woman is to me and so I cannot help but be quite particular in following the instructions.

Anyway, again my thanks to everyone who provided me with feedback on this issue as I was getting quite worried about making the I-94 deadline.

Many Smiles,

Craig

[BenjaminUKtoUSA 7]

If they're a registered USCIS civil surgeon, don't worry. Lol. They know exactly what they're doing. My TB test stayed raised, which meant I had come into contact with the virus some point in my life. It's best to look for a radiologist in your local area, and check prices just in case something comes back.

Good luck, just relax, you'll be fine.

[Casprd 167]

I think we can all definately relate to your actions. I was a little stressed of someone else making a mistake also. Sure they know what they are doing, but this is just another case to them and it is your wife and family for you so entirely understandable. Great news that you were able to get it done so quickly. Good luck with the next step. You'll be done in no time.

[prep.mac 7]

Cool, Craig!

The CS we went to in Indianapolis(1 hr 45 mins from where we live) made me sign 3 copies, one for the USCIS thru me in a sealed envelop, one copy for their file and one copy for me. So they made 3 copies in all. My NOA for the July 25th interview asked for a copy of the I-693 if I have not submitted it (which was actually my RFE but was submitted already and accepted of course)...my point is, they do know what they do but better read and tell them specifics cuz they got my name wrong 3x!!!The first sealed envelop was torn too so I asked them to change the envelop pls? They did but came back with almost same thing..the nurse said it's sealed and it happens often in that clinic and USCIS accepted it so I accepted it. Good thing no other RFE was asked..lol! And I do have a copy of my I-693 from the CS.

Good luck!