F-1 to CR-1 question

[mngoalie 10]

Hello. My partner is from Canada and currently here on an F-1 student visa. We're following the instructions on this site for filing the I-130 and I-485, as we are planning on getting married next month. I had afew questions on the process..

For the I-485, it mentions a physical "may" be required during the AOS. Should we go ahead and get one right away, or are there some exemptions because of where they are from?

Also, should we include an I-20 to show he is currently in status for his F-1?

[NikLR 13,232]

*** moved to AOS from work, student and tourist visas ****

[Hypnos 6,578]

You will require an I-864 medical; the only way it can sometimes not be needed is for K nonimmigrants who have already had it done overseas. If you get the medical performed now then it will be valid for a year, although once you submit it with your AoS then it's usually valid for as long as it takes for them to adjudicate your I-485.

For proof of legal entry you should enclose copies of his most recent I-94, although you could probably submit a copy of his I-20 in addition to that. It's not necessary to prove that you're currently in status, although you must show that you initially entered in a legal status.

You won't be filing for a visa (CR-1 or anything else) but will instead be petitioning for adjustment of status. You will not be issued with any visa but will simply receive a green card, should your applications be approved.

Edited July 5, 2013 by Hypnos

[Harpa Timsah 13,258]

Hypnos is correct as usual but he made a typo on the form. The medical is I-693 and is performed and filled out by a USCIS-designated Civil Surgeon. You can find Civil Surgeons at uscis.gov.

[Hypnos 6,578]

Had I-864s on the brain recently.

Indeed, the medical is an I-693.

[mngoalie 10]

Another question.. My partner is getting a copy of his police record from the RCMP. Some posts I've seen say send in a copy and keep the original for the interview, while others have mailed in the original. What should we do? We don't want to mail it, then have them ask for an original at the interview.. they're time consuming to get.

[Harpa Timsah 13,258]

Why are you getting a police cert?

[mngoalie 10]

Why are you getting a police cert?

He was issued a pardon for something he did when he was younger and need to show proof of a clean record since it was issued.

[Harpa Timsah 13,258]

Ah, then you do need it. USCIS accepts photocopies of documents. Then you can bring the original to the interview for inspection. You could also get 2 certs while you are at it, for a backup.

[ValerieA 350]

Get many certs, you will need to submit them for the Removal of Conditions and Citizenship steps too. Sigh. You need the original (or court-certified copy) to send in with the I-751 and, if citizenship is desired, the N-400.

It is my understanding an original/court-certified copy must also be filed with the I-485, too.