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Filed: K-1 Visa Country: Japan
Timeline
Posted

We recently received our AOS interview notice in the mail, so we have recently began getting everything together for our interview, which will occur in a little under a month. While getting everything together, we have found ourselves uncertain on a few of the items that are requested.

 

The biggest source of confusion, that I have yet to find a concise answer to looking through the VJ forums, is whether we should have another medical examination done for my wife (I-693) prior to the interview? My wife was a K-1 holder, prior to marrying me and applying for AOS a little over a year ago. When we submitted the AOS package, we included a copy of her DS-3025 from the medical interview she had overseas, which had the "US vaccination requirements complete (requesting blanket waiver)" boxed checked. We did not submit an I-693 at the time we submitted the AOS package, because we were under the impression that if you filed for AOS within 1 year of having your overseas medical complete with all US vaccination requirements as a K-1 holder, it was not necessary to file an I-693. I have never seen any documentation from USCIS stating that you still have to provide an I-693 at a later time online (if you file AOS under this status) or received an RFE related to that matter up to this point. Some people are claiming that the overseas medical is only valid for a year, but I have yet to find anything pointing to that being true. Ultimately, we are trying to understand whether individuals that were previously K-1 holders adjusting status need to bring an I-693 to the interview or if the original DS-3025 from the overseas medical will be adequate for the IO? Fortunately, we still have a little time, so I can call to get an I-693 exam scheduled tomorrow if it really is necessary to avoid any RFE delays post-interview.

 

Here are all of her important date's:

Overseas Medical Exam: 10/27/2017

Enter on K-1 (Pass Documents at POE): 01/12/2018

I-485 Receipt Notice: 04/03/2018 (DS-3025 submitted with package)

I-485 Interview Notice: 04/10/2019

I-485 Interview Date: 05/15/2019

 

The second question we have is related to whether USCIS would want a new affidavit of support, despite us having submitted one with the original I-485 package. Interview notice says "unless previously submitted," but I'm worried if the IO will feel that a new affidavit of support is needed to reflect the 2018 tax year and the increase in my annual income. I am still working in the same job, but have received a raise between when I filed the affidavit of support and when we will be going to the interview. We have filed our taxes for the last year (wife has not started working since entering the U.S.), so it is only me providing for our household, but it is still new information that could be included in the affidavit of support potentially. I am considering either redoing the affidavit of support, or just bringing a new employer letter reflecting my new salary and status as well as about 8 pay stubs. We were planning on bringing our tax return from last year anyway, since we filed jointly, as evidence of our relationship as well. If I go with the 2nd option, I'd of course still bringing a copy of the original affidavit of support I submitted, but I wanted to see if the community may have some insight on whether it's worth updating the affidavit of support prior to the interview as well.

 

Thanks for the insight. I don't where we'd be without the community at VJ.

Posted
1 hour ago, soprano82 said:

We recently received our AOS interview notice in the mail, so we have recently began getting everything together for our interview, which will occur in a little under a month. While getting everything together, we have found ourselves uncertain on a few of the items that are requested.

 

The biggest source of confusion, that I have yet to find a concise answer to looking through the VJ forums, is whether we should have another medical examination done for my wife (I-693) prior to the interview? My wife was a K-1 holder, prior to marrying me and applying for AOS a little over a year ago. When we submitted the AOS package, we included a copy of her DS-3025 from the medical interview she had overseas, which had the "US vaccination requirements complete (requesting blanket waiver)" boxed checked. We did not submit an I-693 at the time we submitted the AOS package, because we were under the impression that if you filed for AOS within 1 year of having your overseas medical complete with all US vaccination requirements as a K-1 holder, it was not necessary to file an I-693. I have never seen any documentation from USCIS stating that you still have to provide an I-693 at a later time online (if you file AOS under this status) or received an RFE related to that matter up to this point. Some people are claiming that the overseas medical is only valid for a year, but I have yet to find anything pointing to that being true. Ultimately, we are trying to understand whether individuals that were previously K-1 holders adjusting status need to bring an I-693 to the interview or if the original DS-3025 from the overseas medical will be adequate for the IO? Fortunately, we still have a little time, so I can call to get an I-693 exam scheduled tomorrow if it really is necessary to avoid any RFE delays post-interview.

 

Here are all of her important date's:

Overseas Medical Exam: 10/27/2017

Enter on K-1 (Pass Documents at POE): 01/12/2018

I-485 Receipt Notice: 04/03/2018 (DS-3025 submitted with package)

I-485 Interview Notice: 04/10/2019

I-485 Interview Date: 05/15/2019

 

The second question we have is related to whether USCIS would want a new affidavit of support, despite us having submitted one with the original I-485 package. Interview notice says "unless previously submitted," but I'm worried if the IO will feel that a new affidavit of support is needed to reflect the 2018 tax year and the increase in my annual income. I am still working in the same job, but have received a raise between when I filed the affidavit of support and when we will be going to the interview. We have filed our taxes for the last year (wife has not started working since entering the U.S.), so it is only me providing for our household, but it is still new information that could be included in the affidavit of support potentially. I am considering either redoing the affidavit of support, or just bringing a new employer letter reflecting my new salary and status as well as about 8 pay stubs. We were planning on bringing our tax return from last year anyway, since we filed jointly, as evidence of our relationship as well. If I go with the 2nd option, I'd of course still bringing a copy of the original affidavit of support I submitted, but I wanted to see if the community may have some insight on whether it's worth updating the affidavit of support prior to the interview as well.

 

Thanks for the insight. I don't where we'd be without the community at VJ.

There is plenty of evidence on VJ regarding the K1 policy of not having to submit an I693 if you filed for AOS within one year of your overseas medical date.

You can search "K1 I693". If you add my user name to that you will see my numerous explanations.

You can also Google "USCIS Policy Manual" and look up the Admissability Volume and and it states it in there also.

You can also look on the I693 instructions and it will state the K1 policy.

Plenty of resources stating that a K1 wont likely need one.

 

Generally the previously submitted I864 will suffice provided your financial situation did not change for the worse. If you're worried simply prepare a new one with your current info. Worry over.

Filed: K-1 Visa Country: Japan
Timeline
Posted
3 hours ago, K1visaHopeful said:

There is plenty of evidence on VJ regarding the K1 policy of not having to submit an I693 if you filed for AOS within one year of your overseas medical date.

You can search "K1 I693". If you add my user name to that you will see my numerous explanations.

You can also Google "USCIS Policy Manual" and look up the Admissability Volume and and it states it in there also.

You can also look on the I693 instructions and it will state the K1 policy.

Plenty of resources stating that a K1 wont likely need one.

 

Generally the previously submitted I864 will suffice provided your financial situation did not change for the worse. If you're worried simply prepare a new one with your current info. Worry over.

@K1visaHopeful

 

Thank you so much for your assistance! Just to clarify, even if the medical she went through for the K-1 happened about a year and a half ago at this point, she is still exempt from needing to complete the I-693 for the AOS interview, since the receipt on her I-485 application (April 3rd, 2018) falls within the 1 year window following her overseas medical examination (October 27, 2017) and we submitted the DS-3025 with her AOS application. All we will need is the copy of her DS-3025 for the AOS interview in this case?

Posted
1 minute ago, soprano82 said:

@K1visaHopeful

 

Thank you so much for your assistance! Just to clarify, even if the medical she went through for the K-1 happened about a year and a half ago at this point, she is still exempt from needing to complete the I-693 for the AOS interview, since the receipt on her I-485 application (April 3rd, 2018) falls within the 1 year window following her overseas medical examination (October 27, 2017) and we submitted the DS-3025 with her AOS application. All we will need is the copy of her DS-3025 for the AOS interview in this case?

All yes.

 
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