Need Help in Deciphering the Expired Visa & AOS Maze

[Latin Love 0]

My wife, and her then 7 year old child, arrived in the US from Peru on Christmas Day, December 25, 2013 having followed the lengthy and agonizing, 6 month long Fiancee Visa - K1 and K2 procedure. We married two days later on December 27, 2013. My wife applied for and received her Social Security in January. Both of us were ignorant of some important facts, unfortunately. After getting the SS number, we believed she would be able to work then noticed the small print on the SS card that said it would have to be approved first by Homeland Security.

This was happening as we frantically were also trying to meet the requirements of health insurance under the new Affordable Care Act, a’la, Obama Care. Day after day was spent . The application was redone over 20 times before finally making it all the way through - over 6 weeks later.

Then, we found ourselves trying to learn about the AOS - or Adjustment of Status. Having provided detailed information previously, as well as my wife and daughter getting all required vaccinations in Peru, my wife thought that it would just involve filling out the lengthy application and sending in a whopping $1,700 - $1,800. That was a big enough surprise (be forewarned). But after reading through the list provided here at VisaJourney, I quickly realized that it was much more involved than that. It is disheartening as to how much redundancy and duplication is built into the process in regards to information that we must furnish.

We got stuck on understanding the medical. The belief was, since my wife and her child did all the medical tests they were instructed to do by the US Embassy in Lima, and got all the necessary vaccinations, they would be “good to go.” Note: In the directions for filling out the I-485 that we got directly from the government website, be warned that there were several areas that did not match what was in the actual form itself. This created some confusion and insecurity.

In the Initial Evidence section, 7.C. Fiance(e)s it states: “If you are a K-1 fiance(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your Form I-485.”

This sounds pretty innocuous. My wife interpreted it as meaning that we merely had to attach a copy of the list of vaccinations that she and her daughter received, that was given to her before she left Peru. It was an official Department of State form even written in English (DS-3025?). As it turns out, it is much more than this.

Researching further, I discovered that the form with the vaccinations listed, must be reviewed by, and signed off by, a “Civil Surgeon,” who may decide that the report is disallowed and all, or some, vaccinations need to be redone. Documents (for wife and daughter) will be placed inside a sealed envelope and that must be sent (un-opened) along with all the required supporting documents along with the filled out I-485. (More complicated! AND, the I-485 cannot be sent without the medical supplement.)

OK. What does a “Civic Surgeon” mean? In a nut shell, it cannot be done by just any doctor. We checked the government website to see who, in Maine, is qualified to do it. Only 15 were listed! And, there was only one in the central part of the State in Bangor, about an hour’s drive away. That office would support central and central northern Maine. So, I called the office only to discover that they are not fully trained yet. I asked how long it would take and was told several months! (Government missed that part, evidently.) So, I looked elsewhere.

The next closest one is over a 2 hour drive from our home. I called but the manager was not there. I had to wait another day. The clock is ticking. Today, May 20th, 2014, my wife’s, and our daughter’s visa, expired. Late in the afternoon, the office manager of the 2nd “Civic Surgeon” called me back. I was told my wife and child had to each have a current photo ID. I explained that their Visa’s expired today. She said they cannot be used. So what now? We are sunk. She then asked, how old our daughter was? I said 8. She then said that they do not treat children younger than 16! This is another dead-end and an important fact that needs to be discussed and revealed upfront in the process.

So now, we have no idea what we can or should do. The next Civic Surgeon we must call on is about 2.5 hours away. My wife’s, and our daughter’s, Peru passports are valid and current but the K-1 and K-2 visa parts have expired. We are feeling overwhelmed by the disjoint process, powerless, and a bit scarred. Any help would be appreciated.

[KayDeeCee 4,893]

Their visas became null and void the moment they used them to enter the US. Their status in the US was then controlled by their I-94s > https://i94.cbp.dhs.gov/I94/request.html

If their medicals were done within a year of filing for AOS, then they do not need new medicals. If they had all the required vaccinations at the time of the K visa medical exams, and have them marked off on a properly filled out DS-3025, then they do not need to see a civil surgeon at all. Just send in a copy of their DS-3025. See this post for more details > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

If they are missing any vaccinations or the form is not properly filled out, then they need a civil surgeon. You may need to call around to several and drive out of your way to find one that will not insist on a new medical and/or overcharge you. You can look through this long thread to see if any are near you > http://www.visajourney.com/forums/topic/231026-civil-surgeons-who-dont-rip-you-off/

Oh, and they can use their passports as ID.

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

Edited May 21, 2014 by KayDeeCee

[Boiler 45,581]

Their period of authorized stay was 90 days, not 6 months.

Strongly suggest you read the Guides.

[Latin Love 0]

Thanks for contributing to this discussion. My wife and child arrived in US on December 25, 2013. We married on December 27, 2013. Got SS number mid January, 2014. Wife's Peru Passport expires Nov. 2017 - Daughter's expires Oct 2018. Their K-1 and K-2 Visa's expired May 20, 2014. Their I-94's expire Nov 30, 2014.

I understand that we need to do the adjustment of status (AOS), but have been hung-up regarding the correct procedure now that the Visa part has expired. Also, we are having difficulty locating a Civic Surgeon here is the US State of Maine who is efficiently trained, will do a child under 16 years of age, and will accept a Peru Passport as a legitimate photo ID given that the VISA part has expired. One I just communicated with says I have to check with Homeland Security to see if they will accept it or not.

My wife and child have their associated U.S. Department of State Vaccination Documentation Worksheets - DS-3025, signed and dated by the Panel Physician, and with the vaccinations listed, having also completed the required medical exams on November 22, 2013.

I have looked through the guides but have not come across one that seems to match our situation. We are hoping that we can get the needed help and guidance here.

[Harpa Timsah 13,258]

If their medicals were done within a year of filing for AOS, then they do not need new medicals. If they had all the required vaccinations at the time of the K visa medical exams, and have them marked off on a properly filled out DS-3025, then they do not need to see a civil surgeon at all. Just send in a copy of their DS-3025. See this post for more details > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

Read this, OP.

[KayDeeCee 4,893]

Thanks for contributing to this discussion. My wife and child arrived in US on December 25, 2013. We married on December 27, 2013. Got SS number mid January, 2014. Wife's Peru Passport expires Nov. 2017 - Daughter's expires Oct 2018. Their K-1 and K-2 Visa's expired May 20, 2014. Their I-94's expire Nov 30, 2014.

I understand that we need to do the adjustment of status (AOS), but have been hung-up regarding the correct procedure now that the Visa part has expired. Also, we are having difficulty locating a Civic Surgeon here is the US State of Maine who is efficiently trained, will do a child under 16 years of age, and will accept a Peru Passport as a legitimate photo ID given that the VISA part has expired. One I just communicated with says I have to check with Homeland Security to see if they will accept it or not.

My wife and child have their associated U.S. Department of State Vaccination Documentation Worksheets - DS-3025, signed and dated by the Panel Physician, and with the vaccinations listed, having also completed the required medical exams on November 22, 2013.

I have looked through the guides but have not come across one that seems to match our situation. We are hoping that we can get the needed help and guidance here.

Their I-94s are good for 11 months? They are usually only good for 90 days.

Anyway, everyone adjusting from a K visa has the same situation as yours. A new medical is not needed if the overseas exam by the panel physician was done within a year. You can find that information in the I-693 and I-485 instructions.

See the link I posted above, and Harpa quoted for you to see again. It walks you through the DS-3025 vs I-693 issue and reading through that post should let you know if you even need a civil surgeon or not.

The unexpired passport is the ID, not the visa affixed inside. It does not matter if the visa is expired. Whoever you spoke to is very misinformed. The K-1/K-2 visas became null and void anyway as soon as they were used to enter the US. The expiration dates on them were just the length of time you had to use them by. In other words, you had to use the visas to enter the US before May 20, 2014, which you did.

[Boiler 45,581]

Their I-94s are good for 11 months? They are usually only good for 90 days.

Anyway, everyone adjusting from a K visa has the same situation as yours. A new medical is not needed if the overseas exam by the panel physician was done within a year. You can find that information in the I-693 and I-485 instructions.

See the link I posted above, and Harpa quoted for you to see again. It walks you through the DS-3025 vs I-693 issue and reading through that post should let you know if you even need a civil surgeon or not.

The unexpired passport is the ID, not the visa affixed inside. It does not matter if the visa is expired. Whoever you spoke to is very misinformed. The K-1/K-2 visas became null and void anyway as soon as they were used to enter the US. The expiration dates on them were just the length of time you had to use them by. In other words, you had to use the visas to enter the US before May 20, 2014, which you did.

The OP is obviously confused and most likely confused the people he spoke to. Why would you even ask a Panel Physician about ID?

[KayDeeCee 4,893]

The OP is obviously confused and most likely confused the people he spoke to. Why would you even ask a Panel Physician about ID?

I think he was saying the person he spoke to when contacting a civil surgeon told him they could not use the passport as ID if the visa inside it was expired, which of course is bunk.

[Latin Love 0]

Thanks again everyone for contributing to this discussion.

My reference to the I-94 expiring on 11/30/2014, was because the I-94 we accessed and printed off from the cbp.dhs.gov website had this in the upper right. Perhaps this is not why I took it to mean. In the main copy section it gives the Admit Until Date of March 24, 2014.

I am the one who first mentioned "Panel Physician" because in the #3 section of the U.S. Department of State Vaccination Documentation Worksheet - Form DS-3025, the place where the Doctor signs it refers to "Panel Physician.

Here is an addition question... Since it is past the May 20 visa expiration date, are we required to do anything else in addition to the usual procedure when requesting for the AOS? (such as any additional forms or payments?)

[KayDeeCee 4,893]

Again, the visa expiration date means absolutely nothing after it is used to enter the US. They became null and void back in December. Their status in the US was based on the I-94, which expired back in March. The Nov. 2014 date is the date the form edition expires. The admit until date is what matters to you. They have been out of status since March, but once they file for AOS they will be a new period of authorized stay. Nothing extra needs to be sent just because the I-94 is expired. Just follow the AOS form instructions and AOS guide here on VJ.

[Boiler 45,581]

Their visas became null and void the moment they used them to enter the US. Their status in the US was then controlled by their I-94s > https://i94.cbp.dhs.gov/I94/request.html

You might wish to consider obtaining professional help.

[pushbrk 12,911]

Thanks for contributing to this discussion. My wife and child arrived in US on December 25, 2013. We married on December 27, 2013. Got SS number mid January, 2014. Wife's Peru Passport expires Nov. 2017 - Daughter's expires Oct 2018. Their K-1 and K-2 Visa's expired May 20, 2014. Their I-94's expire Nov 30, 2014.

I understand that we need to do the adjustment of status (AOS), but have been hung-up regarding the correct procedure now that the Visa part has expired. Also, we are having difficulty locating a Civic Surgeon here is the US State of Maine who is efficiently trained, will do a child under 16 years of age, and will accept a Peru Passport as a legitimate photo ID given that the VISA part has expired. One I just communicated with says I have to check with Homeland Security to see if they will accept it or not.

My wife and child have their associated U.S. Department of State Vaccination Documentation Worksheets - DS-3025, signed and dated by the Panel Physician, and with the vaccinations listed, having also completed the required medical exams on November 22, 2013.

I have looked through the guides but have not come across one that seems to match our situation. We are hoping that we can get the needed help and guidance here.

File without the DS-3025. Expect it to be in the file USCIS already has. It should have been in the sealed envelope turned over at the port of entry. If the I-94 date is past 90 days from entry, it's a mistake. None of the expiration dates except filing the AOS within a year of getting the medical exams will mean anything. You married within the 90 days. File to adjust status according to the VJ Guides for adjusting from K1. Forget about any civil surgeon, unless you get a request directly from USCIS.