Question on I-693 with I-485 AOS

[RugenD 1]

My wife and I are finishing up our I-485 AoS package and I had a quick question on the I-693.

It states that for K-1 visa applicants that they do not have to undergo another medical examination as long as we file the I-485 within a year of their medical exam. Well my wife had hers done in July of this year and we are confused on what to do about the I-693.

What do we put in the package in place of the I-693 part? We have a conformation page stating she went, paid and received her exam.

Should we just send the package without the I-693 portion?

USCIS stated to us that it is not required and they should have it on file. For a Ukrainian to come this way they had to have a medical examination or else they would not have received their visa.

Thank you in advance for the help and guidance. We really do appreciate it!

[KayDeeCee 4,893]

Check this post. It has lots of good information on the topic > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

~ Moved from K-1 Process to AOS from Family Based Visas- topic is AOS, not K-1 ~

[TravelingFrog6476 3]

My wife and I are finishing up our I-485 AoS package and I had a quick question on the I-693.

It states that for K-1 visa applicants that they do not have to undergo another medical examination as long as we file the I-485 within a year of their medical exam. Well my wife had hers done in July of this year and we are confused on what to do about the I-693.

What do we put in the package in place of the I-693 part? We have a conformation page stating she went, paid and received her exam.

Should we just send the package without the I-693 portion?

USCIS stated to us that it is not required and they should have it on file. For a Ukrainian to come this way they had to have a medical examination or else they would not have received their visa.

Thank you in advance for the help and guidance. We really do appreciate it!

We only included the DS-3025 vaccination record and a brief explanation on our AOS package contents page, as my wife had her exam in Kiev (July 2013) and assuming the consulate in Kiev did everything correctly, then the I-693 should have been included inside the "sealed case package" that my wife hand delivered to the US upon her POE arrival....

She did not receive any RFE's after her AOS package was submitted. She had her biometrics done last month and her (our) AOS interview is scheduled for Dec 3rd.

[RugenD 1]

We only included the DS-3025 vaccination record and a brief explanation on our AOS package contents page, as my wife had her exam in Kiev (July 2013) and assuming the consulate in Kiev did everything correctly, then the I-693 should have been included inside the "sealed case package" that my wife hand delivered to the US upon her POE arrival....

She did not receive any RFE's after her AOS package was submitted. She had her biometrics done last month and her (our) AOS interview is scheduled for Dec 3rd.

Thank you for your guidance!

We don't have anything showing her vaccination record but we will put a letter in that section explaining the situation. Possible that they took it from her when she entered as she says they took her medical package. So we should be good on that.

She arrived August 28th and we just got our money together for this package and sending it out this Wednesday.

I have another question maybe I can get help with. Her 90 day window of stay is up on the 29th of this month. I'm afraid that when we submit the package this week that the approval won't go through until after the date her stay here is expired and she will be considered out of status. Will this make it difficult to get the AoS finished and will there be penalties on us? We are married now and this is the very last thing we have to really do.

Edited November 11, 2013 by RugenD

[KayDeeCee 4,893]

Thank you for your guidance!

We don't have anything showing her vaccination record but we will put a letter in that section explaining the situation. Possible that they took it from her when she entered as she says they took her medical package. So we should be good on that.

She arrived August 28th and we just got our money together for this package and sending it out this Wednesday.

I have another question maybe I can get help with. Her 90 day window of stay is up on the 29th of this month. I'm afraid that when we submit the package this week that the approval won't go through until after the date her stay here is expired and she will be considered out of status. Will this make it difficult to get the AoS finished and will there be penalties on us? We are married now and this is the very last thing we have to really do.

There is no deadline to file for AOS, so not a problem and no penalties.

[RugenD 1]

There is no deadline to file for AOS, so not a problem and no penalties.

So what does it mean by making sure I file for Aos before my wife is out of status? Her 90 days are up in 2 weeks but we have married in the 90 days however all instructions say to file before she is out of status and if she becomes out of status, it could cause problems.

I am sending it in tomorrow so I will be getting it to them within 90 days. Just worried about seeing all the wait time that we won't hear anything until way after her status ends. The only thing I'm guessing is that since we are now married, her status will be ok because we married within 90 days and send the AoS within 90 days though close to the end.

Edited November 13, 2013 by RugenD

[KayDeeCee 4,893]

So what does it mean by making sure I file for Aos before my wife is out of status? Her 90 days are up in 2 weeks but we have married in the 90 days however all instructions say to file before she is out of status and if she becomes out of status, it could cause problems.

I am sending it in tomorrow so I will be getting it to them within 90 days. Just worried about seeing all the wait time that we won't hear anything until way after her status ends. The only thing I'm guessing is that since we are now married, her status will be ok because we married within 90 days and send the AoS within 90 days though close to the end.

Someone that entered with a K-1 and married within 90 days is eligible to file for AOS, whether they go out of status or not. That is why and how there is no deadline to file. Being out of status causes no issues with the actual AOS process. There is a very small chance someone could be detained from being out of status, but that is rare. You probably would have no problems being out of status other than the main important ones, such as not being able to get a drivers license/ID, not being able to work, attend school, or travel outside the US and return. Those are the main reasons you should file as soon as possible. Once you file for AOS, you are in a new period of authorized stay. Here was another recent thread on the same topic, which is discussed quite often on VJ > http://www.visajourney.com/forums/topic/461798-how-long-do-you-have-to-use-k1-visa/?p=6614085

[TravelingFrog6476 3]

There is no deadline to file for AOS, so not a problem and no penalties.

this is not true for K-1 filers... you have 90 days to marry and file for AOS or you will be out of status.

Jay-Kay, you need to read further down to where it says "who is not eligible to adjust status". Line 4.

Edited November 16, 2013 by TravelingFrog6476

[KayDeeCee 4,893]

this is not true for K-1 filers... you have 90 days to marry and file for AOS or you will be out of status.

Jay-Kay, you need to read further down to where it says "who is not eligible to adjust status". Line 4.

It is most definitely true for a K-1. Failure to maintain non-immigrant status does not apply to a K-1. You have 90 days in which to marry to be eligible to file for AOS. Yes, you will be out of status after 90 days, but there is no requirement to file for AOS within those 90 days, just marry. Did you read what I posted in this thread above? Did you read the the other thread I linked to? That part of the I-485 instructions was even quoted there, by me. >http://www.visajourney.com/forums/topic/461798-how-long-do-you-have-to-use-k1-visa/?p=6614085

I will go ahead and re-quote it here for you >

Nowhere in the I-485 form instructions does it state a time limit to file and be eligible. As a matter of fact, it states that maintaining status is not a requirement to file for adjustment from a K-1, which equals no deadline to file > http://www.uscis.gov/files/form/i-485instr.pdf

Who May File Form I-485?

3. Based on admission as the fiancé(e) of a U.S. citizen and subsequent marriage to that citizen

A. You may apply to adjust status if you were admitted to the United States as the K-1 fiancé(e) of a U.S. citizen, and you married that citizen within 90 days of your entry.

Who Is Not Eligible to Adjust Status?

6. You failed to maintain your nonimmigrant status, unless your failure to maintain status was through no fault of your own or for technical reasons; unless you are applying because you are:

B. A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the U.S. petitioner within 90 days of admission