Need help AOS questions!

[CharNoel95 5]

Hi, sorry if this is the wrong place to post this. I understand there are many forums for everything I will mention below but I am getting lost as to where to get my information and its giving me a headache. 🤕 It would be GREAT if someone was able to help...

 

So, I have all of my forms filled out for the Adjustment of status package I-485 (I have the checklist printed and that is what I have used to gather everything together)...Just waiting on my sponsorship forms to come back from my sponsor (form I-864)...I'm concerned by the expiry dates that are on the forms. On the application for employment authorization form (in the right hand corner) it says it expires 05/31/2020? is this an issue where I just need to reprint the document?

 

Also, I have been in the US for a year now and haven't filed yet. How does this affect my medical status? will I need to book a medical or have shots before I send this package off?

 

My other two questions refer to SSN and passport. I am unsure if I will need to wait to know about how to acquire these after my package is sent out and processed?  is my legal name now my married name? should be doing something now while I wait. My husband is in the military right now so I appreciate any help from you guys. 😄

[Allaboutwaiting 2,503]

The medical is valid for two years, so you should be fine there. 

Given that your I-94 expired long ago, you will be able to get the SSN until you receive the EAD/AP.

The renewal of your UK passport can be done at any time. And yes, your legal name is now the married one, but if your UK passport with the maiden name has not expired, you can keep using it. 

Now, you say you're waiting for the documents from your sponsor. Remember your sponsor is your spouse, and if the income requirement is not met, then you need a joint sponsor, which would mean filing two I-864 forms.

Regarding the EAD form, as per the USCIS instructions, you're fine with the form that's currently on their website. 

[CharNoel95 5]

Thank you for your reply!!

 

Great, good to know about the medical. I was thrown by reading that on the checklist. 

 

I thought that the sponsor would be the same one that was used through the fiancé visa process? which would be my husbands stepmom. My husband left on May 4th and joined the Army.

[Joyoussinger 1,427]

Your married name is your legal name only if you choose it to be. You can keep your maiden name as your legal name

 if you prefer. 

[Allaboutwaiting 2,503]

Just now, CharNoel95 said:

I thought that the sponsor would be the same one that was used through the fiancé visa process? which would be my husbands stepmom. My husband left on May 4th and joined the Army.

Yes, same joint sponsor, but both your husband and his stepmom, must fill an I-864 form each, including of course, the required evidence. 

[CharNoel95 5]

Oh, I didn't know that. Do you have any idea how I would be able to get the form to him to sign and fill out?? He's processing right now to get to basic training.

[Allaboutwaiting 2,503]

7 minutes ago, CharNoel95 said:

Oh, I didn't know that. Do you have any idea how I would be able to get the form to him to sign and fill out?? He's processing right now to get to basic training.

He downloads, fills and signs the form. Then he can scan and send it to you through email. You print it and voilà!

[CharNoel95 5]

Is it any different if I am power of attorney over him? Am I able to sign in his name on his behalf?? 

[Wuozopo 4,293]

1 hour ago, CharNoel95 said:

Also, I have been in the US for a year now and haven't filed yet. How does this affect my medical status? will I need to book a medical or have shots before I send this package off?

Yes most likely, depending on when you had your K1 medical. See the I-693 instructions—

 

What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

 

If you were admitted as a:

✅A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or

B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

C. You received a medical examination prior to admission, then:

❓(1) You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination; and

(a) The panel physician did not find a class A medical condition during your overseas examination; or

(b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and

you have complied with the terms and conditions of the waiver.

[Wuozopo 4,293]

1 hour ago, CharNoel95 said:

I'm concerned by the expiry dates that are on the forms. On the application for employment authorization form (in the right hand corner) it says it expires 05/31/2020? is this an issue where I just need to reprint the document?

That date is when the form must have a mandated review by the OMB. It is currently under review, but until a new form comes out, the edition dated  01/19/17 is valid. The edition date is found on the bottom left.  

[Wuozopo 4,293]

1 hour ago, CharNoel95 said:

My other two questions refer to SSN and passport. I am unsure if I will need to wait to know about how to acquire these after my package is sent out and processed?  is my legal name now my married name? should be doing something now while I wait. M

You don’t have to have a SSN to apply for AOS. Carry on without it.

 

Your legal name is your husbands last name if that is what you want to go by. Your marriage certificate makes it your legal name without changing your passport name. Apply for AOS in your new last name because you want your greencard to be issued in your married name.

 

i would suggest you keep your current passport as is if it’s not expiring soon. It is your photo ID for your biometrics appointment. When you change your UK passport, you will have to mail your passport to the UK and wait on the new one to be issued. Maybe after you get EAD and can get a SSN then driver license or state ID would be a better time to change your passport. You can continue to use it with your maiden name for travel. 

[Wuozopo 4,293]

1 hour ago, CharNoel95 said:

Just waiting on my sponsorship forms to come back from my sponsor (form I-864)..

As stated earlier, you husband must fill out an I -864 whether he qualifies on salary or not.  And at minimum, submit his most recent tax return with W2 or a tax return transcript.  
 

If your spouse does not qualify, your joint sponsor will also provide an I-864 with tax return and proof of current income. The joint sponsor does not have to be the one used for the K1 visa. This is a brand new process and the visa is over. Start fresh with a new name, new joint sponsor, etc if you want. 
Note: If the joint sponsor filed a joint tax return with a spouse, the tax return is not enough to show the sponsor’s income is enough. A joint tax return lumps all income together so it doesn’t show what the sponsor’s separate income was. An employer letter would be beneficial. 

BUT if your spouse has a salary from the US military now, you may no longer need a joint sponsor. Sorry I don’t know military forms, but if he has a document that shows his pay, he can claim that as his current income and provide a photocopy as proof of his current income. His most recent tax return still has to be included as a requirement, but proving new income works as a supplement to show he now qualifies. 

[HRQX 4,145]

2 hours ago, Allaboutwaiting said:

The medical is valid for two years, so you should be fine there.

Incorrect. K-1 medical is no longer valid: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3 "K or V Nonimmigrants Applying for Adjustment"

2 hours ago, CharNoel95 said:

will I need to book a medical or have shots before I send this package off?

You can go to a Civil Surgeon after filing the package: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

1 hour ago, Wuozopo said:

the edition dated  01/19/17 is valid.

That Form I-765 edition is no longer valid: https://www.uscis.gov/i-765 "Edition Date 12/26/19. We will publish a new edition of this form soon. In the meantime, you may file using the 12/26/19 edition. You can find the edition date at the bottom of the page on the form and instructions. Dates are listed in mm/dd/yy format."

Edited June 7, 2020 by HRQX

[Wuozopo 4,293]

2 hours ago, HRQX said:

That Form I-765 edition is no longer valid: https://www.uscis.gov/i-765 "Edition Date 12/26/19. We will publish a new edition of this form soon. In the meantime, you may file using the 12/26/19 edition. You can find the edition date at the bottom of the page on the form and instructions. Dates are listed in mm/dd/yy format."

Thank you. At first I was confused how you got a different date when I also copied from USCIS.  I had clicked on the wrong form (the one below it) and copied the Info. 🤦‍♂️

 

Yes the edition date still valid is 12/26/19. 

Edited June 7, 2020 by Wuozopo

[Letspaintcookies 2,310]

16 hours ago, Wuozopo said:

BUT if your spouse has a salary from the US military now, you may no longer need a joint sponsor. Sorry I don’t know military forms, but if he has a document that shows his pay, he can claim that as his current income and provide a photocopy as proof of his current income. His most recent tax return still has to be included as a requirement, but proving new income works as a supplement to show he now qualifies. 

If he just started he probably won't meet the minimum.