Out of time to get the physical exam done before visa expires. Can we file i-485 first to keep him in the country and then i-693 later?

[carrottop 0]

My husband is adjusting his status from an M-1 visa. We were married in June here in the United States. As the title says, we're scrambling for time before his M-1 visa expires now that he's completed his pilot license. If we file i-485 immediately, will he be allowed to stay in the country? Could we file i-693 separately? We have the rest of the forms required for the adjustment of status.

[OldUser 6,610]

On 9/5/2024 at 5:00 PM, carrottop said:

My husband is adjusting his status from an M-1 visa. We were married in June here in the United States. As the title says, we're scrambling for time before his M-1 visa expires now that he's completed his pilot license. If we file i-485 immediately, will he be allowed to stay in the country? Could we file i-693 separately? We have the rest of the forms required for the adjustment of status.

Not sure about M-1 part but generally, I-693 can be submitted later in the process. Many get request for evidence (RFE) if not submitted initially. Ideally, you want to submit it initially becausd RFEs delay case processing. Sometimes, USCIS issues NOID (notice of intent to deny) or outright denial instead of RFE. Medical typically takes a few hours to arrange and do, at least in big cities.

 

Good luck!