Some questions. :-)

[zamardii12 25]

We are filling out the I-485 and my fiance's I-94 expires next Thursday so we want to submit the I-485 by the end of this week so...

 

1. Since her I-94 expires next week, what happens when I submit the I-485? Her status with the K1 is technically past after 90 days, but we did get married and have a marriage certificate so do we need anything for her to prove she is legally here? I am just scared that I know the I-485 process takes months so I just want to make sure she is fine legally after the 25th of this month. The K1 visa requirement technically and the condition upon entering the US is that you get married within 90 days, since we have done that nothing can happen at this point bad with us right? 
2. Since she had shots and her medical done in Hungary before she came to the states I understand that she doesn't need a new doctor examination, but do I just not send anything involving her shots or medical along with the I-485? Do we need to have the results of the test from Hungary and send it or something? I am asking this because she left the results of the test at home. 

 

I may have more questions pop up, but that's all I can think of for now. 

 

Thanks so much for the help. 

[Crazy Cat 42,100]

Technically, she would be out of status from expiration of the I-94 (like any other non-immigrant) until she files her I-485.  Once she files the I-485, she has no legal status, but will be in "authorized stay" while the AOS is pending.  Personally, I would carry a copy of the I-485 NOA1 for peace of mind.

[barashka 97]

18 minutes ago, missileman said:

Technically, she would be out of status from expiration of the I-94 (like any other non-immigrant) until she files her I-485.  Once she files the I-485, she has no legal status, but will be in "authorized stay" while the AOS is pending.  Personally, I would carry a copy of the I-485 NOA1 for peace of mind.

Sort of on topic - What would you fill in for the I-485 for Question 24 in Part 1 that asks what your current immigration is? (for someone who came here on a K-1, got married within 90 days but, with an expired I-94?) Would we put K-1 Visa Holder or Out of Status?

Edited October 17, 2018 by barashka

[K1visaHopeful 2,873]

1 hour ago, barashka said:

Sort of on topic - What would you fill in for the I-485 for Question 24 in Part 1 that asks what your current immigration is? (for someone who came here on a K-1, got married within 90 days but, with an expired I-94?) Would we put K-1 Visa Holder or Out of Status?

That's a good question and I'll await an answer too

....

[K1visaHopeful 2,873]

2 hours ago, zamardii12 said:

We are filling out the I-485 and my fiance's I-94 expires next Thursday so we want to submit the I-485 by the end of this week so...

 

1. Since her I-94 expires next week, what happens when I submit the I-485? Her status with the K1 is technically past after 90 days, but we did get married and have a marriage certificate so do we need anything for her to prove she is legally here? I am just scared that I know the I-485 process takes months so I just want to make sure she is fine legally after the 25th of this month. The K1 visa requirement technically and the condition upon entering the US is that you get married within 90 days, since we have done that nothing can happen at this point bad with us right? If you want to speak technically, technically you are supposed to marry and file AOS within the 90 days if you do it right BUT USUALLY (like 99.99999999 % of the time) the little issue of not filing on time is forgiven.
2. Since she had shots and her medical done in Hungary before she came to the states I understand that she doesn't need a new doctor examination, but do I just not send anything involving her shots or medical along with the I-485? Do we need to have the results of the test from Hungary and send it or something? I am asking this because she left the results of the test at home. Any way she can get her DS3025 from "home"? You will need to send HER copy of the DS3025 Vaccination record along with your I485 application. The results from her medical were in the yellow packet that she gave to the CO at her POE. They are supposed to be sent from her POE to her file at USCIS. So your only concern is submitting a copy of her copy of the DS3025 that she either received at her medical appointment or was returned to her at her POE by the IO. If you dont have the DS3025 you will most likely get an RFE to redo the medical in the US by a US Civil Surgeon and have them complete the I693. But DO not jump ahead and redo the medical. Wait until USCIS advises you need one.

 

I may have more questions pop up, but that's all I can think of for now. 

 

Thanks so much for the help. 

 

Edited October 17, 2018 by K1visaHopeful

[zamardii12 25]

11 hours ago, K1visaHopeful said:

 

So you're saying since we don't have the DS3025 that we should just submit the I-485 without her medical and just wait for the RFE? I want to sent out the I-485 this week and I don't think we can get a medical done so soon again, and I don't want her to get shots she already got.

[Gibus 202]

26 minutes ago, zamardii12 said:

So you're saying since we don't have the DS3025 that we should just submit the I-485 without her medical and just wait for the RFE? I want to sent out the I-485 this week and I don't think we can get a medical done so soon again, and I don't want her to get shots she already got.

Try to contact the place where you got your medical done see if they can email you a copy of the DS3025.

[K1visaHopeful 2,873]

55 minutes ago, zamardii12 said:

So you're saying since we don't have the DS3025 that we should just submit the I-485 without her medical and just wait for the RFE? I want to sent out the I-485 this week and I don't think we can get a medical done so soon again, and I don't want her to get shots she already got.

Yes as it doesnt seem like you have much of a choice if your not willing to try to obtain her copy that she left at "home" at this moment before you apply for AOS. Is it a possibility that you can get that copy in the near future AFTER you apply for AOS BUT BY THE TIME you get an RFE?

28 minutes ago, Gibus said:

Try to contact the place where you got your medical done see if they can email you a copy of the DS3025.

Or yes, and this^^^^.

You need that DS3025 to avoid having to redo the medical and submit a i693. But for right now I would just not submit anything regarding the medical and hope for an RFE. It is a risk that you could be denied but I think you understand what you need to do.

PS scan and save every single document to a cloud for safe keeping. Originals of ALL immigration documents should come with you wherever you go in the world.

Edited October 17, 2018 by K1visaHopeful

[zamardii12 25]

1 minute ago, K1visaHopeful said:

Yes as it doesnt seem like you have much of a choice if your not willing to try to obtain her copy that she left at "home" at this moment before you apply for AOS. Is it a possibility that you can get that copy in the near future AFTER you apply for AOS BUT BY THE TIME you get an RFE?

Or yes, and this^^^^.

You need that DS3025 to avoid having to redo the medical and submit a i693.

 

28 minutes ago, Gibus said:

Try to contact the place where you got your medical done see if they can email you a copy of the DS3025.

So I should call the doctor's office of where she got her medical examination done? Or should I call the US embassy in the country? 

[K1visaHopeful 2,873]

3 minutes ago, zamardii12 said:

 

So I should call the doctor's office of where she got her medical examination done? Or should I call the US embassy in the country? 

US embassy probably wont have anything. The Doctor might.

[Gibus 202]

21 minutes ago, zamardii12 said:

 

So I should call the doctor's office of where she got her medical examination done? Or should I call the US embassy in the country? 

Call the doctor's office or email them they should have a copy of your medicals and your DS3025

 

[zamardii12 25]

Thanks for the responses. Had one more question:

 

The I-485 requires a I-864 (Affidavit of Support). Can I send a copy of the one I sent to her for her Visa interview which hasn't changed at all over the last 5 months? The date for the signature is 5 months old, but I could just reprint the last page if need-be so I can sign it with a fresh signature. 

[K1visaHopeful 2,873]

5 minutes ago, zamardii12 said:

Thanks for the responses. Had one more question:

 

The I-485 requires a I-864 (Affidavit of Support). Can I send a copy of the one I sent to her for her Visa interview which hasn't changed at all over the last 5 months? The date for the signature is 5 months old, but I could just reprint the last page if need-be so I can sign it with a fresh signature. 

Firstly, Did you send an I864 to her for her interview or did you send an I134? A K1 Visa requires an I134 not an I864. They are very different documents. Check what form you have first and then I'll comment 

[zamardii12 25]

2 hours ago, K1visaHopeful said:

Firstly, Did you send an I864 to her for her interview or did you send an I134? A K1 Visa requires an I134 not an I864. They are very different documents. Check what form you have first and then I'll comment 

My mistake. Almost mailed them the I-134. I filled out the I-864 and should be good now. Thanks. 

[JayMar2019 2,741]

19 hours ago, zamardii12 said:

We are filling out the I-485 and my fiance's I-94 expires next Thursday so we want to submit the I-485 by the end of this week so...

 

1. Since her I-94 expires next week, what happens when I submit the I-485? Her status with the K1 is technically past after 90 days, but we did get married and have a marriage certificate so do we need anything for her to prove she is legally here? I am just scared that I know the I-485 process takes months so I just want to make sure she is fine legally after the 25th of this month. The K1 visa requirement technically and the condition upon entering the US is that you get married within 90 days, since we have done that nothing can happen at this point bad with us right? - Once I-94 expires, she will be "out of status". Once your AOS filing has been accepted by USCIS, she is no longer "out of status" and her status is "pending the adjudication of her AOS". Filing the AOS, allows her to stay in the US legally while waiting for her filing to be adjudicated. The K1 became null and void once she used it to enter the US as the K1 is only good for a one-time entry, the I-94 took it's place. So, just file her AOS and her status here in the US will be fine. Don't panic.
2. Since she had shots and her medical done in Hungary before she came to the states I understand that she doesn't need a new doctor examination, but do I just not send anything involving her shots or medical along with the I-485? Do we need to have the results of the test from Hungary and send it or something? I am asking this because she left the results of the test at home. - During her medical exam, she should have received her DS-3025 from the medical examiner. This form listed all her immunizations/vaccinations she received during the exam and is basically her shot record here in the US. Make a copy of this and attach it to your AOS filing. If she does not have the DS-3025, she will have to see a U.S. civil surgeon in order to get a sealed I-693 completely filled out and signed and most likely she will have to get all US mandatory/required vaccinations. The U.S. civil surgeon will put the I-693 in a sealed envelope for you to attach to your AOS filing. I would suggest you go to the USCIS.gov website and review the instructions of this form if she does not a her DS-3025 she would have received at her medical exam abroad.

 

I may have more questions pop up, but that's all I can think of for now. 

 

Thanks so much for the help.