A Big Thank-You and AOS Question

[artseth 0]

Hello Friends,

 

First, I'd like to convey my appreciation for those of you that helped me trudge through the K1 process by answering my questions and adding to the content of the site that ultimately played a major role in getting ,my then finance, to the States.  We are now happily married and moving forward with the AOS paperwork!  We had a rough experience at the interview with a blue slip and a story, that I'll convey later.

 

On to my question (two parts)-- Can we simply mail and submit the I-485, etc. to get the 90-day K1 clock off our backs, knowing there will probably be a I-693-related RFE in our futures? Or does a RFE simply delay getting out of the 90 threshold?

 

Question part 2-- If my wife did not receive a DS-3025 and only a yellow vaccination report in HCM, how will we know what her vaccination history is, given the DS-3025 was sent, sealed, with her other medical info to USCIS.  We could go to the Civil Surgeon to have him/her administer the other needed vaccines, but there are no records of shots (polio, etc.) that she was given as a kid.  I'm just confused about DS-3025 and I-693 stuff, despite the fact that I've been reading about this for the last couple of hours. 

 

Thanks again, in advance!

-S

[Scandi 4,166]

What 90 days are you talking about? The i-94 expiration? The requirement is to marry within 90 days, not file for AOS. It's recommended to file asap after the wedding but it's not necessary. Some even wait for years.

 

She should have asked for a copy of the medical report or at least the DS-3025 knowing that you need one for the AOS.

[artseth 0]

20 minutes ago, Scandi said:

What 90 days are you talking about? The i-94 expiration? The requirement is to marry within 90 days, not file for AOS. It's recommended to file asap after the wedding but it's not necessary. Some even wait for years.

 

She should have asked for a copy of the medical report or at least the DS-3025 knowing that you need one for the AOS.

Hi, Scandi,

 

They convinced her at the HCM medical office that she only needed the yellow form and tried to scold her repeatedly for asking for anything else.  It was really their fault and not her fault.

 

The 90 days I'm referring to is about her visa.  After 90 days it expires.  I'm assuming she can't walk around legally in the US with a foreign passport with an expired visa.  Maybe I'm wrong?  Isn't there an interim status as the 485 is being processed that changes her status to something like Pending Legal Permanent Resident or something like that?

Edited February 6, 2017 by artseth

[s + j 71]

We called USCIS and they said nothing is required as far as the medical. They have everything on file (the packet from the embassy that's handed over at POE is your medicals). I only submitted my vaccination records and no RFE yet.

[Scandi 4,166]

46 minutes ago, artseth said:

Hi, Scandi,

 

They convinced her at the HCM medical office that she only needed the yellow form and tried to scold her repeatedly for asking for anything else.  It was really their fault and not her fault.

 

The 90 days I'm referring to is about her visa.  After 90 days it expires.  I'm assuming she can't walk around legally in the US with a foreign passport with an expired visa.  Maybe I'm wrong?  Isn't there an interim status as the 485 is being processed that changes her status to something like Pending Legal Permanent Resident or something like that?

Her visa expired the second she went through customs at the airport when she arrived in the US. Her i-94 on the other hand is valid for 90 days from when she arrives. Yes she will be out of status when the i-94 expires but any overstay will be forgiven as soon as you file for AOS. Like I said, many people wait for months to file AOS, some even years. 

[Scandi 4,166]

18 minutes ago, s + j said:

We called USCIS and they said nothing is required as far as the medical. They have everything on file (the packet from the embassy that's handed over at POE is your medicals). I only submitted my vaccination records and no RFE yet.

The main problem is that people get RFEs when they shouldn't, simply because USCIS can't seem to connect your AOS application with the envelope you hand over to the CBP. But yes, in a good world you should only have to send the DS-3025 and not the whole medical report. Actually, you shouldn't even have to send the DS-3025 as that is in the envelope as well, but unfortunately you do.

Edited February 6, 2017 by Scandi