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Filed: Timeline
Posted

My girlfriend arrived from UK on a visa waiver in January. We decided to get married after she arrived and began to do some of the paperwork,including the immigration physical and form I-693.However we decided to call off the marriage soon after this, and she returned home to UK.6 months later,she came back to the US to visit relatives,again using VWP.I contacted her while she was in the US and proposed again. She accepted,and we got married a month later.

My question is, the I-693 doctor's document we got back in January is supposed to be good for one year.If we use this same form I-693 document we got in january,could that be construed by immigration, because of the date, as a prior intent to immigrate for marriage? Would they even care about the date of the document? Should we play it safe and pay to go through the whole expensive physical again and get a new I-693 dated after the marriage? Is this overly cautious?

Filed: Timeline
Posted

Your wife is better off to return to her home country and you file I-130, I 485 concurrently and just use the medical exam from before. If for some reason that medical exam is no longer valid USCIS will send you a notice requesting a new medical.

Posted

Your wife is better off to return to her home country and you file I-130, I 485 concurrently and just use the medical exam from before. If for some reason that medical exam is no longer valid USCIS will send you a notice requesting a new medical.

One cannot file the I-130/I-485 if the beneficiary departs the country as you suggest, since you can only adjust status from within the U.S.

To the OP, having a signed Form I-693 does not equate to a person having intent to AOS when they entered the U.S.

Background Information

-Dec 2006: Arrived with an F1 visa

-Dec 2007: Met USC.

-Dec 2009: Got Engaged.

-Jan 2010: Fell out of Status.

-Oct 2010: Married USC.

-Feb 2012: Filed I-130/AOS

I-130/AOS Timeline

Day 0: 02/25/12: Mailed concurrent I-130/AOS Package to the Chicago Lockbox

Day 2: 02/27/12: Package arrived at the Chicago Lockbox.

Day 5: 03/01/12: Email acceptance confirmation received for Forms: I-130, I-485 & I-765.

Day 13: 03/09/12: NOA1s received for Forms: I-130, I-485 & I-765. Biometrics letter also received and scheduled for March 27th.

Day 24: 03/20/12: Email notification for RFE.

Day 27: 03/23/12: Hardcopy RFE received in the mail.

Day 31: 03/27/12: Biometrics completed.

Day 40: 04/05/12: Mailed off the RFE.

Day 44: 04/09/12: RFE Delivered.

Day 46: 04/11/12: USCIS received RFE and case updated online.

Day 55: 04/20/12: EAD approved!

Day 60: 04/25/12: Received 2nd "EAD in Production" Email.

Day 61: 04/26/12: EAD Mailed.

Day 63: 04/28/12: EAD in hand!

Day 74: 05/09/12: Interview date scheduled for June 12th.

Day 75: 05/10/12: Interview letter in hand.

Day 108: 06/12/12: Interview.

Day 110: 06/14/12: Received I-485 & I-130 approval emails.

Day 114: 06/18/12: Received I-130 & I-485 Approval hardcopies.

Day 115: 06/19/12: Received GC in production email.

Day 116: 06/20/12: Received "GC mailed" & "USPS picked up your GC" emails.

Day 118: 06/22/12: GC arrived in the mail

March 16th 2014: Eligible to file ROC.

March 16th 2015: Eligible to file for naturalization.

Filed: Timeline
Posted

Your wife is better off to return to her home country and you file I-130, I 485 concurrently and just use the medical exam from before. If for some reason that medical exam is no longer valid USCIS will send you a notice requesting a new medical.

Thanks for the reply.Could you explain why she would be better off?

Also, as I mentioned, the I-693 is valid for one year.

 
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