Adjustment if Status from K-1 Visa

[Grandpa Ed 3]

A close relative brought in his fiancée on a K-1 visa and they just got married. So now they are planning to file for adjustment of status. I know normally an I-130 is filed along with the I-485 but am I right in thinking that this would not be necessary here since there is already an approved I-129f?

Edited April 7 by Grandpa Ed

[Crazy Cat 41,761]

An I-130 is NOT needed if the K-1 marriage takes place within 90 of entry into the US.

[OldUser 6,581]

22 minutes ago, Grandpa Ed said:

A close relative brought in his fiancée on a K-1 visa and they just got married. So now they are planning to file for adjustment of status. I know normally an I-130 is filed along with the I-485 but am I right in thinking that this would not be necessary here since there is already an approved I-129f?

That's right. A long as they got married within 90 days of entering on K-1, there's no need for I-130.

 

They'd include copy of approval letter for I-129F with the packet (I-485, I-131, I-765 etc).

Same goes for medical exam. If DS-3025 is checked completed by civil surgeon (all vaccinations done), then they can attach copy of that too.

[M plus D 57]

12 hours ago, OldUser said:

That's right. A long as they got married within 90 days of entering on K-1, there's no need for I-130.

 

They'd include copy of approval letter for I-129F with the packet (I-485, I-131, I-765 etc).

Same goes for medical exam. If DS-3025 is checked completed by civil surgeon (all vaccinations done), then they can attach copy of that too.

Keep in mind that the adding of the DS-3025 is not necessary beyond servering as a subtle reminder for the adjucating officer that there has been a medical exam abroad.

The beneficiary's copy of DS-3025 itself holds no weight evidence-wise; only the originals that USCIS receive back from CBP do.

[OldUser 6,581]

1 minute ago, M plus D said:

Keep in mind that the adding of the DS-3025 is not necessary beyond servering as a subtle reminder for the adjucating officer that there has been a medical exam abroad.

The beneficiary's copy of DS-3025 itself holds no weight evidence-wise; only the originals that USCIS receive back from CBP do.

It's not necessary but in my opinion, highly recommended. Considering how the US governmental agencies work, left hand often doesn't know what right hand does. The cost of printing few pages is negligible VS responding to RFE in the future and having them pay attention to previously completed medical overseas.

[M plus D 57]

6 hours ago, OldUser said:

It's not necessary but in my opinion, highly recommended. Considering how the US governmental agencies work, left hand often doesn't know what right hand does. The cost of printing few pages is negligible VS responding to RFE in the future and having them pay attention to previously completed medical overseas.

You're correct that the left hand often doesn't know what the right one does. And it is definitely worth adding with a statement if you have it.

 

It is just that panel physicians also make mistakes a lot, including at times not providing a copy of DS-3025.

 

It is an important distinction that it is recommended, but not required. It should be made clear to people that if they did not and cannot obtain a copy, that this does not mean they are lacking any officially required evidence for AOS.

 

Rather, they can replace it with a written statement that an abroad medical had taken place, and it serves the exact same purpose (i.e. the adjucating officer being made aware of the K-1 excemption due to medical performed abroad).

[Redro 4,611]

2 hours ago, M plus D said:

You're correct that the left hand often doesn't know what the right one does. And it is definitely worth adding with a statement if you have it.

 

It is just that panel physicians also make mistakes a lot, including at times not providing a copy of DS-3025.

 

It is an important distinction that it is recommended, but not required. It should be made clear to people that if they did not and cannot obtain a copy, that this does not mean they are lacking any officially required evidence for AOS.

 

Rather, they can replace it with a written statement that an abroad medical had taken place, and it serves the exact same purpose (i.e. the adjucating officer being made aware of the K-1 excemption due to medical performed abroad).

I think it would probably be wise to have that statement or a copy of medical as we have been seeing a few K1 AOS cases where they request a medical… 🙃 

But as you said not required… 

Edited April 8 by Redro