Adjustment of Status

[Browneyes0413 17]

We applied for my husbands 131 and it was recently approved. Our initial application was based family sponsorship and I wasn't a US citizen yet. I recently took the oath and we are getting ready to submit the adjustment of status for my husband. I have a 2 part question.

 

1. When we submitted the 131 we thought we could file the 485 at the same time and weren't aware of the priority date requirements. When the application was returned it had a letter attached asking to re-submit when priority date became available. The forms that we filled out had an expiration date of 2017(the forms were printed from USCIS on April 2018), but now the form has been updated. Can we use the forms that previously filled or do I need to print and fill out again?

 

2. Medical form was completed in March of 2018, would my husband need an updated medical assessment? He hasn't left the US since completing the medical assessment. Trying to avoid having to pay another set of fees as this is expensive.

 

Thank you in advance for your help :).

[little immigrant 801]

I would fill out the form and submit again. To make sure you have the newest edition. 

 

As for the medical, I'll let more knowledgeable people answer. I believe you should redo it. Why did you do it so early when you knew you couldn't adjust his status yet? 

 

Also on what basis did you file I-131? Did you already file the I-130 while you were an LPR? What's his status right now? 

 

Just a little bit about myself. I was a LPR when I married a tourist visa overstayer. Two years after that I naturalized and the same day I sent in I-130, I-485, I-131, I-765, I-693 and I-864. The application was approved and he received a 10 year green card. Not ideal as ICE could have picked him up in those two years so I would definitely not recommend this. 

[Browneyes0413 17]

9 minutes ago, little immigrant said:

I would fill out the form and submit again. To make sure you have the newest edition. 

 

As for the medical, I'll let more knowledgeable people answer. I believe you should redo it. Why did you do it so early when you knew you couldn't adjust his status yet? 

 

Also on what basis did you file I-131? Did you already file the I-130 while you were an LPR? What's his status right now? 

 

Just a little bit about myself. I was a LPR when I married a tourist visa overstayer. Two years after that I naturalized and the same day I sent in I-130, I-485, I-131, I-765, I-693 and I-864. The application was approved and he received a 10 year green card. Not ideal as ICE could have picked him up in those two years so I would definitely not recommend this. 

For the medical, I wasn't aware we couldn't file for adjustment of status until priority date. 

 

I'm sorry, I meant to say we filed for the I-130. I was a green card holder and my husband came on a tourist visa. 

[HRQX 4,145]

1 hour ago, Browneyes0413 said:

do I need to print and fill out again?

Print out the new I-485. Also; I-765 and I-131 are optional, but highly recommended. And they are free to file: https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf Page 16 "If you properly file Form I-485 and pay the required fees, you may file Form I-765 and Form I-131 without paying additional fees. You may file these forms together, or if you choose to file Form I-765 or Form I-131 separately, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence that you filed and paid for Form I-485."

1 hour ago, Browneyes0413 said:

Medical form was completed in March of 2018

That medical is not valid. Get a new medical: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Edited September 6, 2019 by HRQX

[little immigrant 801]

42 minutes ago, Browneyes0413 said:

For the medical, I wasn't aware we couldn't file for adjustment of status until priority date. 

 

I'm sorry, I meant to say we filed for the I-130. I was a green card holder and my husband came on a tourist visa. 

Just to clarify. You sent I-130 with I-485. They returned I-485 because the priority date wasn't current but they kept and processed the I-130? 

 

They didn't send the I-130 to his home country's embassy? I'd suggest to file I-485 and its documents asap. I don't know what status he's on right now but the sooner you get this mailed the better. Yes you may have to redo a lot of forms and the medical but that's better than getting rejected for outdated forms. Remember you can also do the medical after you file and bring it to the interview so that could buy some time if you're tight with money right now. 

Edited September 6, 2019 by little immigrant

[HRQX 4,145]

1 hour ago, Browneyes0413 said:

I recently took the oath...

1 hour ago, little immigrant said:

Two years after that I naturalized...

Was the 8 U.S. Code § 1324 harboring explicitly disclosed on the N-400 and/or the interview? https://www.justice.gov/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses

Edited September 6, 2019 by HRQX

[Browneyes0413 17]

26 minutes ago, HRQX said:

Was the 8 U.S. Code § 1324 harboring explicitly disclosed on the N-400 and/or the interview? https://www.justice.gov/jm/criminal-resource-manual-1907-title-8-usc-1324a-offenses

I disclosed my husbands immigration status on my N-400 and the I-130 application was submitted long before I applied to become a US citizen. 

Nothing was asked during the interview. 

Satisfied?

 

Please move on unless you’re answering my initial questions.

[Browneyes0413 17]

39 minutes ago, little immigrant said:

Just to clarify. You sent I-130 with I-485. They returned I-485 because the priority date wasn't current but they kept and processed the I-130? 

 

They didn't send the I-130 to his home country's embassy? I'd suggest to file I-485 and its documents asap. I don't know what status he's on right now but the sooner you get this mailed the better. Yes you may have to redo a lot of forms and the medical but that's better than getting rejected for outdated forms. Remember you can also do the medical after you file and bring it to the interview so that could buy some time if you're tight with money right now. 

Thank you that helps.

 

yes the I-485 was rejected because of the priority date.

my husband is in the US. 

[HRQX 4,145]

14 minutes ago, Browneyes0413 said:

I disclosed my husbands immigration status on my N-400...

And "Yes" answer to "Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?"

15 minutes ago, Browneyes0413 said:

Please move on unless...

VJ TOS: https://www.visajourney.com/forums/index.php?autocom=custom&page=terms

[Browneyes0413 17]

2 minutes ago, HRQX said:

And "Yes" answer to "Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?"

VJ TOS: https://www.visajourney.com/forums/index.php?autocom=custom&page=terms

My husband had a valid visa. How did I commit a crime or assist him in committing a crime?

I gave the USCIS full disclosure in both applications. 

 

[HRQX 4,145]

1 hour ago, Browneyes0413 said:

My husband had a valid visa.

Had? Is the I-94 still valid?

[Just Paul 4,595]

2 hours ago, Browneyes0413 said:

My husband had a valid visa. How did I commit a crime or assist him in committing a crime?

If his visa has expired or he has overstayed, providing him with a place to live, food to eat and money to spend is assistance.  You have aided and abetted in the commission of a federal crime.  

 

If you failed to disclose the situation, not only can your citizenship be denied, you can have your green card revoked.

 

If this is the case I would suggest you get an attorney IMMEDIATELY as this is not a DIY situation.   Both of you have everything to lose. 

[Browneyes0413 17]

7 hours ago, Paul & Mary said:

If his visa has expired or he has overstayed, providing him with a place to live, food to eat and money to spend is assistance.  You have aided and abetted in the commission of a federal crime.  

 

If you failed to disclose the situation, not only can your citizenship be denied, you can have your green card revoked.

 

If this is the case I would suggest you get an attorney IMMEDIATELY as this is not a DIY situation.   Both of you have everything to lose. 

Thank you for your concern, as I stated before I already became a citizen AND fully disclosed my husbands immigration status on my N-400. And I haven’t committed a crime. 

 

This isn’t part of my question, and I’m not sure why you or the other guy can’t seem to understand that?

 

 

[Cathi 5,748]

1 hour ago, Browneyes0413 said:

Thank you for your concern, as I stated before I already became a citizen AND fully disclosed my husbands immigration status on my N-400. And I haven’t committed a crime. 

 

This isn’t part of my question, and I’m not sure why you or the other guy can’t seem to understand that?

 

 

Actually, you HAVE commited a crime. Just because you disclosed it on your N-400, doesn't mean it isn't a crime.

[Browneyes0413 17]

45 minutes ago, Cathi said:

Actually, you HAVE commited a crime. Just because you disclosed it on your N-400, doesn't mean it isn't a crime.

I ACTUALLY haven’t committed a crime, so unless you are commenting on my original question please move on to another topic!

he has a valid visa! And his immigration status was fully disclosed in both applications.