I-601 with or after filing I-130 + I-485 concurrently?

[HazelTove 0]

I had an incident of unrecorded depression and minor self-harm many years ago. I plan to file the I-130 and I-485 concurrently. Do I need to include I-601 when filing or can I send it at a later date or bring it to the interview? I have no proof for my recovery or records about treatment so I'm not sure how to go about this and I'm not sure whether filing the I-601 is even applicable in my situation since it's not a current issue. How do I best proceed? I have yet to go to my medical exam.

[A'n'L 735]

Are you in the US currently and married to a USC?

The depression and self-harm will need to be disclosed during your medical. You will need to obtain records to show that you are not currently a danger to yourself or others. A psychologist could write you a letter stating this, after he has done an evaluation of you. If you do this, you will most likely pass your medical, and no need for a waiver.

Edited May 2, 2016 by A'n'L

[HazelTove 0]

I'm currently in the US, the medical exam is tomorrow and the ceremony on Friday. I don't have a psychologists note to say I'm fine. What would you suggest I do? My ESTA runs out next week.

[A'n'L 735]

Postpone your medical and get an appointment with a psychologist. Or, go to your medical and be advised further. In any case, be truthful to the physician.

As stated in the other post, as you are intending to stay and adjust status through marriage, your ESTA expiration doesn't really matter anymore.

[HazelTove 0]

I read that unless I also file for an I-485 I'll risk being deported? Can I go to the medical examination without seeing a psychologist prior for a note? I thought there would be a psychiatric evaluation if deemed necessary at a later date or would I be unable to file the I-485 until the psychiatric evaluation has been completed? Thanks for the help by the way!

[A'n'L 735]

Yes, you need to file I-485 concurrently with the I-130 (and I suggest to include applications for EAD and AP (travel document) also, you never know if you might need it).

I'm not sure what the doctor will recommend in your situation. You may certainly go to the appointment and see what he thinks. If the physician requires a psych evaluation, he will not complete the medical paperwork you need for a complete application package without it.

After your ESTA expires and before you have the receipt for the I-485 application, you're "out of status". This means you are theoretically deportable, but that won't happen unless you get yourself in trouble somehow. Once you've filed for AOS, your overstay of the ESTA is forgiven and you don't need to worry about it anymore.

I'm not saying you should wait indefinitively to file you AOS. But, I would think it is better to send a complete package including your medical a few days after your ESTA expiration, than sending incomplete paperwork which would render you a RFE and delayed processing.

[HazelTove 0]

Okay, I will see what the physician says. If I file the EAD and AP together with the other two forms will there still be a filing fee for both/either of those forms? What about if I file them with JUST the I-130? Or would I need to wait to file them together with the I-485?

[HazelTove 0]

Nevermind, I found the instructions on the I-485 that say that you can file those two forms for free concurrently with the I-485.

[A'n'L 735]

Yup, that's correct!

[Harpa Timsah 13,258]

I agree that you should do the medical, then see what the doctor says, then go from there. You can only file the I-601 after you have been denied, not preemptively.

[Boiler 46,300]

Can you get your medical records?

[daigo 39]

I had an incident of unrecorded depression and minor self-harm many years ago.

Be truthful about your history, as the physician will look for an explanation for any self-harm scars they discover during the physical. You should discuss your depression then and where you are now. Depending on your condition now, the physician may not even require a referral, but if they do, they usually postpone completing the I-693 medical eval form until they have everything they need.

[Dirty harry 25]

I read that unless I also file for an I-485 I'll risk being deported? Can I go to the medical examination without seeing a psychologist prior for a note? I thought there would be a psychiatric evaluation if deemed necessary at a later date or would I be unable to file the I-485 until the psychiatric evaluation has been completed? Thanks for the help by the way!

The uscis website says you can bring your medical to the interview with you....So postponing the medical shouldn't hurt you at all since you can send the concurrent application without the I-693.

Harry

[Harpa Timsah 13,258]

The uscis website says you can bring your medical to the interview with you....So postponing the medical shouldn't hurt you at all since you can send the concurrent application without the I-693.

Harry

USCIS will send an RFE for the medical before the interview. Best to submit with it all.

[Dirty harry 25]

USCIS will send an RFE for the medical before the interview. Best to submit with it all.

Are you sure about that? I asked a while back and then looked at the website where it says:

"If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

1.Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”).

2.Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).

3. Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required).

since interviews are required for non K-1 petitioners wouldn't # 3 apply? I guess they could just be lying, but why put it on the website?

Harry