Questions for filing AOS when out of status

[Que Saudade 284]

So we have saved up our money to file AOS. We were married within the 90 days back in August, but obviously we are just filing now, so she is out of status. 2 questions.

#1- on the instructions this is stated "Only if your DS-3025 is marked "incomplete" is a I-693 required to be completed". We don't have a DS-3025 to see if it is complete or incomplete. When we came through immigration at JFK, they took our packet and we received nothing back. They just sent us on our way. Our memory is that she needed one more vaccination to fulfill all the requirements.

#2- it asks for a valid I-94. Well it is not valid as it expired, should I still send a copy front and back?

Could someone please give us some comments and concerns?

[Inky 1,111]

So we have saved up our money to file AOS. We were married within the 90 days back in August, but obviously we are just filing now, so she is out of status. 2 questions.

#1- on the instructions this is stated "Only if your DS-3025 is marked "incomplete" is a I-693 required to be completed". We don't have a DS-3025 to see if it is complete or incomplete. When we came through immigration at JFK, they took our packet and we received nothing back. They just sent us on our way. Our memory is that she needed one more vaccination to fulfill all the requirements.

#2- it asks for a valid I-94. Well it is not valid as it expired, should I still send a copy front and back?

Could someone please give us some comments and concerns?

1 ) you should have gotten a copy of the vaccination sheet from your immigration medical in your home country. This is what you need to submit with AOS if it is complete and it is what you bring to the CS in the USA to get your shots transcribed if you are missing one. - see if you have this and if not maybe try calling the place you had your medical and see if they can get you a copy.

2 ) yes you still send a copy front and back of the I-94 even if its expired.

[Que Saudade 284]

1 ) you should have gotten a copy of the vaccination sheet from your immigration medical in your home country. This is what you need to submit with AOS if it is complete and it is what you bring to the CS in the USA to get your shots transcribed if you are missing one. - see if you have this and if not maybe try calling the place you had your medical and see if they can get you a copy.

Thanks for your reply. I was with her for her medical. All we received was the sealed envelope to take to the consulate from his office. She has all of her vaccination cards that we took to the medical interview. Ughhh, this is becoming a sinking feeling in our stomachs.

I wonder what would happen if we just file with her missing a vaccination?? We would get an RFE and then fulfill the requirement through a civil surgeon??

[KayDeeCee 4,896]

So we have saved up our money to file AOS. We were married within the 90 days back in August, but obviously we are just filing now, so she is out of status. 2 questions.

#1- on the instructions this is stated "Only if your DS-3025 is marked "incomplete" is a I-693 required to be completed". We don't have a DS-3025 to see if it is complete or incomplete. When we came through immigration at JFK, they took our packet and we received nothing back. They just sent us on our way. Our memory is that she needed one more vaccination to fulfill all the requirements.

#2- it asks for a valid I-94. Well it is not valid as it expired, should I still send a copy front and back?

Could someone please give us some comments and concerns?

Hmm, maybe Brazil is like Mexico and doesn't bother to give the DS-3025. Does your wife have any of her vaccination records from throughout her life? She needs to take that to a civil surgeon and find out which vaccination she was still needing and have an I-693 filled out to send in with your AOS application. With or without a vaccination record, she needs to see a civil surgeon.

The I-94 is a valid one. It is just expired now. You still need to send in the copy of it and bring the original to your interview, if you have one.

[menina 50]

My husband requested the ds3050 at the medical appr and was given it.

[Que Saudade 284]

My husband requested the ds3050 at the medical appr and was given it.

Thanks Menina, but it is a little late for that advice. I am looking at what to do to rectify this now.

To others who may have some advice... If we file and she is short a shot, would we get a RFE and be told to go to civil surgeon or will it be flat denied and we have to re-file and pay the fee again???

[pushbrk 13,166]

Thanks Menina, but it is a little late for that advice. I am looking at what to do to rectify this now.

To others who may have some advice... If we file and she is short a shot, would we get a RFE and be told to go to civil surgeon or will it be flat denied and we have to re-file and pay the fee again???

Worst case is you get an RFE and need to get a new vaccination supplement from a Civil Surgeon.

[Moomin 292]

Try to contact the embassy and see if they can send you a copy since you didn't obtain one at the medical. It's worth a try when you're missing a vaccination. Some doctors(at the medical) keep a backup too.

If it's incomplete(and not due to the age unappropriate vacc) you'll have to get the missing vaccination and then take it to a civil surgeon who'll do the transcription.

Yep, copy of i-94 front and back no matter if it expired or not. It shows you entered the country legally.

[Darnell 8,479]

my comment - go ahead and file. Nowish.

[pushbrk 13,166]

Try to contact the embassy and see if they can send you a copy since you didn't obtain one at the medical. It's worth a try when you're missing a vaccination. Some doctors(at the medical) keep a backup too.

If it's incomplete(and not due to the age unappropriate vacc) you'll have to get the missing vaccination and then take it to a civil surgeon who'll do the transcription.

Yep, copy of i-94 front and back no matter if it expired or not. It shows you entered the country legally.

Immigrant visa units at Consulates and Embassy's do not keep copies of these things. The entire file is carried back to the USA by the visa holder.

[VanessaTony 3,567]

Worst case is you get an RFE and need to get a new vaccination supplement from a Civil Surgeon.

Actually seeing you're into semantics and all... technically it's a vaccination "transcription" not a supplement. The shots are transcribed from the DS-3025 into the I-693 along with any missing shots. The supplement refers to the old form I-693A but that form no longer exists. It's also not a "new" vaccination supplement as that implies they already had a vaccination supplement.

The rest is correct.

Thanks Menina, but it is a little late for that advice. I am looking at what to do to rectify this now.

To others who may have some advice... If we file and she is short a shot, would we get a RFE and be told to go to civil surgeon or will it be flat denied and we have to re-file and pay the fee again???

OP - You will get an RFE if she's missing shots (or if they lose her medical... it happens). She takes whatever evidence of shots she has and she sees a CS. They CS will determine what shots she is missing. Some CS's will then allow you to get your shots elsewhere, some will insist you to get the shots there. The CS will then complete page 1 and also the vaccination page of the i-693. Some CS's won't sign off on the I-693 unless you show proof of the medical. The I-693 form has been updated and confuses many CS's into thinking they're signing off on the medical being valid so they won't sign without proof it was. Sometimes they'll even insist on a whole new medical, or TB tests, or blood tests.. Loads of fun :S

.

Edited January 14, 2012 by Vanessa&Tony

[Que Saudade 284]

Thanks for the advice. This is what we was looking for..!

John & Marina

[Wizzle 41]

Hello! I would like to respond to the #2 question: ... Yes you still have to send in copies of both front and back of your I-94. This is your first application in the USA and USCIS need to prove you entered the contry legally and that you was inspected. It doesn't matter if it was 5years expired all the need copies of your I-94 for is " Proof Of Legal Entry " into USA. Good luck.

[Que Saudade 284]

Hello! I would like to respond to the #2 question: ... Yes you still have to send in copies of both front and back of your I-94. This is your first application in the USA and USCIS need to prove you entered the contry legally and that you was inspected. It doesn't matter if it was 5years expired all the need copies of your I-94 for is " Proof Of Legal Entry " into USA. Good luck.

Thanks wizzle, that was pointed out to me earlier. We are definitely sending it in.