K1 Adjustment of Status Time Pressures

[Jitoria 5]

I apologize beforehand if this is in the wrong section.  My wife and I are at the AoS stage of the K1 to Green Card process and I have an important question.

 

My fiancee (now wife) arrived in America November 6th on her K1 visa.  We had our wedding and were married December 22.  We have received the marriage certificate from the marriage license bureau and everything. 

 

Now we are trying to get her vaccinations, and ran into a bit of a problem.  The Chinese hospital did not give her all the required vaccines and we have to wait a month (from today, Jan 22) to get her final vaccines and get her I-693 vaccination section signed.  This will put her past 90 days from her entry, but before her K-1 is due to expire (April 21).  Is this going to be a problem that we did not file for adjustment of status within 90 days of her arrival on the K1 visa?  Or does the 90 days ONLY apply to marriage?  

 

Another question--she completed her physical in China and was told to give the sealed documents to the immigration officials at customs when she entered the country.  Does she need to redo her physical?  Or is it sufficient to just do the final vaccinations?

 

Thanks for any and all help!  You people have gotten us through this very difficult process.

[Ontarkie 14,378]

~~Moved to AOS FAmily K1/K3 P&P, from K1 P&P the OP is at the AOS Stage.~~

[Crazy Cat 42,037]

23 minutes ago, Jitoria said:

I apologize beforehand if this is in the wrong section.  My wife and I are at the AoS stage of the K1 to Green Card process and I have an important question.

 

My fiancee (now wife) arrived in America November 6th on her K1 visa.  We had our wedding and were married December 22.  We have received the marriage certificate from the marriage license bureau and everything. 

 

Now we are trying to get her vaccinations, and ran into a bit of a problem.  The Chinese hospital did not give her all the required vaccines and we have to wait a month (from today, Jan 22) to get her final vaccines and get her I-693 vaccination section signed.  This will put her past 90 days from her entry, but before her K-1 is due to expire (April 21).  Is this going to be a problem that we did not file for adjustment of status within 90 days of her arrival on the K1 visa?  Or does the 90 days ONLY apply to marriage?  

 

Another question--she completed her physical in China and was told to give the sealed documents to the immigration officials at customs when she entered the country.  Does she need to redo her physical?  Or is it sufficient to just do the final vaccinations?

 

Thanks for any and all help!  You people have gotten us through this very difficult process.

The K-1 expiration date is irrelevant.  It was voided when she entered the US....Just forget that April date.  

 

1.  To comply with the K-1 visa, you had to marry within 90 days.  You have done that

2.  Once the I-94 expires (90 days after arrival), she is technically out of status and technically, she will be subject to deportation.  People sometimes wait for months or years to file the I-485, although there are no advantages to delaying it....none at all..........Filing after the initial 90 days is allowed (and doing so will not cause any problems at the interview), but it is highly recommended to file asap.  

Do you even need the I-693 to file?

[Jitoria 5]

6 minutes ago, missileman said:

The K-1 expiration date is irrelevant.  It was voided when she entered the US....Just forget that April date.  

 

1.  To comply with the K-1 visa, you had to marry within 90 days.  You have done that

2.  Once the I-94 expires (90 days after arrival), she is technically out of status and technically, she will be subject to deportation.  People sometimes wait for months or years to file the I-485, although there are no advantages to delaying it....none at all..........Filing after the initial 90 days is allowed (and doing so will not cause any problems at the interview), but it is highly recommended to file asap.  

Do you even need the I-693 to file?

That’s a good question and I am not sure if we need it to file. I will look into that and see if we can file the I-485 without the I-693. I thought I had to file them together. 

[Matrix13 131]

From the USCIS I-485 instructions:

 

You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.

 

So, if I were you I would get that AOS package in the mail as soon as you think it's ready to go (with no I-693).  Good luck!

[flfreddy 93]

Yes same stage... send it out without I-693.  You can include DS 3025