Hepatitis B Question

[Lee Thacket 29]

4 hours ago, thonati said:

No.  This was discussed ad nauseam.  The only requirement is to have a "bona fide marriage" before 90 days.  There is no official requirement to apply for AOS before the 90 days.  There are several members here that filed for AOS a year later and was approved. 

 

I am aware the issue has talked about many times. I have read many of the discussions. There was a post on here about some one involved in a minor traffic and got detained by the police.

[Rosaly 32]

Why would you wait that long before filing the AoS? 🤔 Seems like that is asking for trouble along the way. no?

 

Like, our plans are to get married in courthouse and file for AoS immediately. Both within the 90 days.

Now im in a bit of doubt: Do i have to wait to file until i have had my 3rd Hep B shot? I have had all the required shots, exept the 3rd Hep B.

Since AoS takes some time, sometimes even a year or up to 2 years, i will definetly have had it before it gets approved.

 

As for A minor issue in traffic: When you show your K1, maybe with marriage certificate and NOA1 from the filing AoS, the police should know enough, shouldn't they?

Or should i then avoid driving until i have my green card? 🤣

 

[Crazy Cat 41,887]

11 hours ago, Lee Thacket said:

 

Shouldn't she have filed for AOS within 90 days? The fact she didn't could have certainly caused her problems.

Don't let anyone convince that you should delay filing an I-485.  Some will say that a marriage certificate allows a person to remain in the US.  That just isn't true.

 

This firm explains AOS best practice.

 

Adjustment of Status for K1 Visa | Siam Legal International (siam-legal.com)

 

Can I still apply for AOS if the 90 day stay I was given upon entry to the US has expired?

Assuming you married during that 90 day period, you can still apply for AOS. However, you will be "out of status" during any period between the expiration of the 90 days and the receipt by USCIS of your AOS application and technically subject to deportation from the US. Our advice to our K-1 AOS clients is always to ensure their AOS application is received by USCIS before the 90 day stay expires. Once the application has been received by USCIS, AOS applicants are granted a period of authorized stay in the US until a decision has been made on their AOS application.

Edited July 25 by Crazy Cat

[Crazy Cat 41,887]

On 7/25/2024 at 6:18 AM, thonati said:

According to the USCIS website, once married the foreigner is considered an "immediate relative'.  So the K1 paired with official copy of the marriage license will suffice.  AOS would. not matter because local police does not have access to this system.  They would not know if AOS is submitted or not so even if AOS was summited within 90 days or not, the police officer would still need to contact Immigration to verify status. 

That is absolutely false.  Please stop spreading dangerous misinformation.... Being an "immediate relative", in itself, confers no immigration rights or right to remain in the US. 

Edited July 26 by Crazy Cat

[SL2024 65]

2 hours ago, Rosaly said:

Why would you wait that long before filing the AoS? 🤔 Seems like that is asking for trouble along the way. no?

 

Like, our plans are to get married in courthouse and file for AoS immediately. Both within the 90 days.

Now im in a bit of doubt: Do i have to wait to file until i have had my 3rd Hep B shot? I have had all the required shots, exept the 3rd Hep B.

Since AoS takes some time, sometimes even a year or up to 2 years, i will definetly have had it before it gets approved.

 

As for A minor issue in traffic: When you show your K1, maybe with marriage certificate and NOA1 from the filing AoS, the police should know enough, shouldn't they?

Or should i then avoid driving until i have my green card? 🤣

 

I think it’s best you do it within the 90 days

[ScarletWitch6x 64]

1 minute ago, thonati said:

According to the USCIS website, once married the foreigner is considered an "immediate relative'.  So the K1 paired with official copy of the marriage license will suffice.  AOS would. not matter because local police does not have access to this system.  They would not know if AOS is submitted or not so even if AOS was summited within 90 days or not, the police officer would still need to contact Immigration to verify status. 

I believe it is recommended that the AOS applicant carry the receipt notice (or a copy because I would be worried about losing it) to show their ability to stay in the US. I think that this is more of an issue in ICE hot spots around the border. Good practice to carry it whenever though, as many officers who don't deal with immigration documentation will have no clue what they are looking at. 

[thonati 35]

4 minutes ago, ScarletWitch6x said:

I believe it is recommended that the AOS applicant carry the receipt notice (or a copy because I would be worried about losing it) to show their ability to stay in the US. I think that this is more of an issue in ICE hot spots around the border. Good practice to carry it whenever though, as many officers who don't deal with immigration documentation will have no clue what they are looking at. 

EXACTLY.  Help yourself anyway you can.  I would recommend carrying the "official copy" of the marriage license with the passport.  Remember the foreigner does not have the same rights as a USC until the Green Card is in-hand.

[Rosaly 32]

Hmm yeah, its not worth the risk or the delay to me.

we are going to file for AoS as soon as we can. Getting the 3rd Shot for Hep B will be done far before approval, considering processing times. I think that's not going to be issue.🤔

Also will indeed carry with me at all times: my Passport with Visa and copies of both marriage certificate and when i get it, the NOA1.

 

In my opinion it seems very unlikely to get deported when you follow all the rules, guidelines and advice given when it comes to Visa's.

There's always gonna be people who may need to look up the details and get more information or refresh what they already know.

As long as you stay in the states, you can even travel, its just gonna put you on the radar maybe? Questions may be asked?

Seems to me something more than a minor traffic thing needs to happen to get detained🧐 but then again, maybe the officer had a bad day, or was in doubt🤭
 

[Crazy Cat 41,887]

***One non-contributory comment removed***

[yuna628 9,676]

On 7/2/2024 at 1:35 AM, SL2024 said:

Hi all,

 

I had my medical last week and had the first dose of the Hepatitis B vaccine during it. I would be able to get the 2nd dose in the UK but if approved for visa at interview then I would have to get the 3rd dose in the USA as my 2nd dose is due at end of July.

 

Has anybody had any experience of this at all? Do you need a full course of the vaccine before the AOS? I haven't found a definitive answer yet.

 

Hope you can help!

Hi OP:

 

 When you received your DS3025 was it marked complete? If it is then no further action needs to be taken for AOS purposes. Hep B is similar to MMR in that it is a multi-dose series and a waiver is given because insufficient time to complete it. As long as you have one shot, you're good  as Mallory says there- though if you'd like to finish the series for your own health reasons do so. Attach a copy of the form when filing AOS, as long as you do so sooner rather than later. K1s are not required to redo their medical in the US if their form is complete. If you do not have the required vaccines, are not marked complete, are missing some, or need to obtain them after having the medical or after you are in the US - you will need proof of each one, and will need to see a US civil surgeon to transcribe and recertify. As you can see here in the AOS guide:

 

Quote

11.

I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy).

 

As for anything else in this thread, AOS is very important to complete as soon as possible after being married. To delay puts the immigrant out of status and subject to deportation. There are certainly reasons some people delay, and you will find plenty of examples as to the consequences. Make sure to file in a reasonable timeframe, and as you can see above you want to do so before your medical results expire. You do not need to carry around your marriage certificate, as that confers absolutely no legal status. Marriage is a state's rights issue, and not a federal domain - where immigration resides and is mostly all that matters. Once you file AOS your NOA1 is your proof, followed by an EAD (if hopefully also filed for).

[beloved_dingo 1,979]

27 minutes ago, yuna628 said:

Hi OP:

 

 When you received your DS3025 was it marked complete? If it is then no further action needs to be taken for AOS purposes. Hep B is similar to MMR in that it is a multi-dose series and a waiver is given because insufficient time to complete it. As long as you have one shot, you're good  as Mallory says there- though if you'd like to finish the series for your own health reasons do so. Attach a copy of the form when filing AOS, as long as you do so sooner rather than later. K1s are not required to redo their medical in the US if their form is complete. If you do not have the required vaccines, are not marked complete, are missing some, or need to obtain them after having the medical or after you are in the US - you will need proof of each one, and will need to see a US civil surgeon to transcribe and recertify. As you can see here in the AOS guide:

This is the important question, I think. There's nothing to worry about if the DS3025 is marked complete.

 

As far as AOS - there is no deadline to file AOS, as far as USCIS is concerned. (Not even an arbitrary 2 year deadline that has been mentioned here - that deadline doesn't exist). However, waiting to file past 90 days is a risk because at that point, the immigrant has no legal status in this country as @yuna628 stated. Once AOS is filed and the I-485 receipt is obtained, the immigrant has proof that they are authorized to stay in the US while their AOS is pending. 

 

@Scandi summed it up perfectly in this post, from the thread where a VJ member was unfortunately detained for weeks because they were just a couple weeks late in filing AOS: https://www.visajourney.com/forums/topic/706560-beware-bad-information-on-aos-deadline-for-k1-fresh-out-of-jail/?do=findComment&comment=9705397 

[Lee Thacket 29]

17 hours ago, SL2024 said:

 

Which vaccinations did they say you needed to get Lee?

 

Hopefully the same as you and everyone else!

 

DTaP

MMR

Hep B

Varicella

COVID-19 booster

 

[SL2024 65]

7 minutes ago, Lee Thacket said:

 

Hopefully the same as you and everyone else!

 

DTaP

MMR

Hep B

Varicella

COVID-19 booster

 

 

I had the Tetanus 10 year booster and Hepatitis B at the medical but they advised me to get the Covid booster vaccine which I have had since then. 

 

I had MMR vaccinations when I was younger and I had Varicella (Chickenpox) when younger too. Have you not had Varicella before then?

[Crazy Cat 41,887]

***Several derailing comments containing misinformation removed***

Edited July 26 by Crazy Cat

[Lee Thacket 29]

One thing no one has mentioned in this slightly side-tracked discussion about AOS is the political context.

 

You ARE out of status after 90 days. The labor union for border officers endorsed a particular political candidate in the 2016 Presidential election. No doubt they will be arguing for more funding whoever wins in November. I was just reading about the illegal activities of Joseph "Sheriff Joe" Arpaio who ended up getting pardoned. I am sure there are other local officials anxious to curry favor with their electorates.

 

So try not to wait. The past is not always a good guide to the future ....