Preparing AOS Packet for after we get married - Fiancee Entered the country on a K-1 Visa

[Edward and Jaycel 71]

I have a few questions - Please forgive me if these are redundant, I have searched the forums and have not found solid answers for these questions. Our 90 day date for Jaycel's K-1 Visa is November 27, 2024. We are getting married on October 25, 2024 and plan to submit out AOS packet (I-485, I-864 & I-765) on November 18, 2024. We believe that this will allow us time to get certified copies of our marriage certificate, gather appropriate evidence of our marriage and co-habitation, co-mingling of finances, etc. My questions are as follows...

 

1. I have read that filing the AOS package before expiry of her K-1 Visa is highly recommended so that she is not out of status after the visa's expiration. Does the NOA-1 from the I-485 provide this status? Not sure how that works. If we file on the 18th of November, is that far enough in advance of her visa expiration on the 27th of November? I just do not want to put her in any jeopardy.

 

2. Since she is coming in on a K-1 and filing her I-485 within a year of her immigrant medical exam (That was done in Manila on August 6th & 7th) she is exempt from having to do another one. I have read that all she has to do is include her DS-3025 in the I-485 packet with a cover letter explaining she had her immigrant medical within one year and voluntarily complied with all vaccine requirements as indicated in the attached DS-3025. I have also read that she should make an appointment with a Civil Surgeon to have him fill out the vaccine portion of the I-693 based on the DS-3025 and include the sealed I-693 with the I-485. Which one is correct?

 

Thank you all in advance for your time providing any advice, answers, direction that you can!

[K1visaHopeful 2,772]

9 minutes ago, Edward and Jaycel said:

I have a few questions - Please forgive me if these are redundant, I have searched the forums and have not found solid answers for these questions. Our 90 day date for Jaycel's K-1 Visa is November 27, 2024. We are getting married on October 25, 2024 and plan to submit out AOS packet (I-485, I-864 & I-765) on November 18, 2024. We believe that this will allow us time to get certified copies of our marriage certificate,

Only need above AND only need a photocopy of original or certified. 

9 minutes ago, Edward and Jaycel said:

gather appropriate evidence of our marriage

Don't need

9 minutes ago, Edward and Jaycel said:

and co-habitation, co-mingling of finances, etc.

Don't need

9 minutes ago, Edward and Jaycel said:

 

My questions are as follows...

 

1. I have read that filing the AOS package before expiry of her K-1 Visa is highly recommended so that she is not out of status after the visa's expiration. Does the NOA-1 from the I-485 provide this status?

Yes

9 minutes ago, Edward and Jaycel said:

 

Not sure how that works. If we file on the 18th of November, is that far enough in advance of her visa expiration on the 27th of November? I just do not want to put her in any jeopardy.

Post marked date matters not when they receive it.

9 minutes ago, Edward and Jaycel said:

2. Since she is coming in on a K-1 and filing her I-485 within a year of her immigrant medical exam (That was done in Manila on August 6th & 7th) she is exempt from having to do another one. I have read that all she has to do is include her DS-3025

Include a PHOTOCOPY.

9 minutes ago, Edward and Jaycel said:

in the I-485 packet with a cover letter explaining she had her immigrant medical within one year and voluntarily complied with all vaccine requirements as indicated in the attached DS-3025. I have also read that she should make an appointment with a Civil Surgeon to have him fill out the vaccine portion of the I-693 based on the DS-3025 and include the sealed I-693 with the I-485. Which one is correct?

False. Only redo if requested by RFE.

9 minutes ago, Edward and Jaycel said:

 

Thank you all in advance for your time providing any advice, answers, direction that you can!

Please JOIN your monthly AOS filing forum for basics and read the guides. 

Edited Tuesday at 03:47 PM by K1visaHopeful

[EatBulaga 310]

@Edward and Jaycel 

1. Yes, file I-485 while the I-94 is still valid (within 90 days of entry). K1 visa is only good for 1 entry, and becomes invalid after US entry or past expiry date. Yes, the I-485 NOA1 is proof for "authorized stay" while waiting for AOS approval. As a general rule, sooner you send in the I-485, the better.

 

2. DS-3025 copy within 1-year of filing the I-485 is sufficient to be included in the I-485 filing. That does not mean USCIS may not request an I-693 RFE later, or USCIS may send you a Courtesy email saying you do not have an I-693 in your petition. You can choose to complete the I-693 if you are not sure the DS-3025 was compliant/complete, but most wait till an RFE before going thru the I-693.

Edited Tuesday at 04:23 PM by EatBulaga

[Edward and Jaycel 71]

Thank you both @K1visaHopeful and @EatBulaga. Also, you recommended "Please JOIN your monthly AOS filing forum for basics and read the guides." I assume that the November AOS filing forum is not created yet? I know, silly question but I don't know if maybe they start these forums ahead of time? I would love to join a forum like that for sure.

[Gary Rich 240]

[EatBulaga 310]

6 hours ago, Edward and Jaycel said:

Thank you both @K1visaHopeful and @EatBulaga. Also, you recommended "Please JOIN your monthly AOS filing forum for basics and read the guides." I assume that the November AOS filing forum is not created yet? I know, silly question but I don't know if maybe they start these forums ahead of time? I would love to join a forum like that for sure.

You can join and browse other past months forums to get an idea of what to expect

https://www.visajourney.com/forums/forum/131-adjustment-of-status-case-filing-and-progress-reports/

 

I've spent months reading others' progresses in the forums before feeling confident about submitting our own K1 and AOS. I'm now reading up on the ROC forums preparing for our own upcoming ROC.

Edited Tuesday at 11:15 PM by EatBulaga

[M plus D 40]

On 10/1/2024 at 11:45 AM, K1visaHopeful said:

Post marked date matters not when they receive it.

This is false. The receipt date of any case is based on the date they physically or electronically received the benefit request (i.e. forms). See USCIS Manual Chapter 6.

For OP, this means that if the package with your forms is received November 18th, that that will be your receipt date when it is officially accepted by USCIS.

 

However, the actual acceptance can still be a month later, on December 18th. Retroactively, your partner will be fine and not have accrued days of unlawful presence. But between being out of status and having AOS accepted, there is a slight risk.

I am not sure what would actually come of it, as the chance is very, very small something will get you "caught" in that timeframe. I'd assume an immigration judge will verify whether your case had been filed before expiration of status and then all is fine. But I am no expert on that, and have not seen any people that experienced this.

 

On 10/1/2024 at 11:45 AM, K1visaHopeful said:

Only need above AND only need a photocopy of original or certified. 

The instructions for i-485 are actually vague on this. I've seen people be approved with a photocopy of a certified (copy of) marriage certificate, but I've also seen people get RFE'd for the original certificate.

Technically, the instructions for i-485 mention a photopy of a marriage certificate, but this is in relation to derivative applicants through marriage, not K-1. In the section for K-1 specific, it mentions having to attach a marriage certificate, but there is no mention of the word "photocopy".

In my opinion, anybody who wants to be sure and can easily spare a certified copy, should send one in the application.

 

On 10/1/2024 at 11:45 AM, K1visaHopeful said:

On 10/1/2024 at 11:37 AM, Edward and Jaycel said:

gather appropriate evidence of our marriage

Don't need

While it is right that it is not required evidence, it is something could is likely to be RFE'd. I'd recommend that if you do not supply this with the initial application, that you gather evidence asap and upload it under your case in the MyUSCIS-account (once you have access).

 

Regarding DS-3025

Like others have said, you can include a copy of your DS-3025. As someone who has completed a medical exam abroad (including vaccinations), your partner should be exempt from completing i-693 if filing AOS within a year of the medical.

It is always good to actually be aware of all Panel Physician instructions, so you know whether your DS-3025 contains errors or not, as a USCIS adjucator has the power to overturn it if it was marked complete without actually being complete.

 

Also note that your DS-3025 is not official evidence of the medical abroad. People add this just to judge the USCIS adjucator and show them that an abroad medical exam has been performed. It is then that adjucator's responsibility to find the medical exam in their files. If all went right, the original documents that USCIS is allowed to use were in the packet that the applicant gave to CBP on entry in the US. CBP then mails this to USCIS for them to add to your "A-file", and those are the original documents they are allowed to use.

 

The reason people do this, is because USCIS processes a lot of i-485, and only very, very few of them have medical exams performed abroad (K-1, Refugees, and Afghan OAW-applicants). So they are often prone to just look for i-693 and send an RFE when it is missing, because they are not used to i-693 not being required. The DS-3025 will remind them of this and make it harder to miss.

Edited 15 hours ago by M plus D

[Edward and Jaycel 71]

55 minutes ago, M plus D said:

This is false. The receipt date of any case is based on the date they physically or electronically received the benefit request (i.e. forms). See USCIS Manual Chapter 6.

For OP, this means that if the package with your forms is received November 18th, that that will be your receipt date when it is officially accepted by USCIS.

 

However, the actual acceptance can still be a month later, on December 18th. Retroactively, your partner will be fine and not have accrued days of unlawful presence. But between being out of status and having AOS accepted, there is a slight risk.

I am not sure what would actually come of it, as the chance is very, very small something will get you "caught" in that timeframe. I'd assume an immigration judge will verify whether your case had been filed before expiration of status and then all is fine. But I am no expert on that, and have not seen any people that experienced this.

Thank you for this explanation!

 

55 minutes ago, M plus D said:

 

The instructions for i-485 are actually vague on this. I've seen people be approved with a photocopy of a certified (copy of) marriage certificate, but I've also seen people get RFE'd for the original certificate.

Technically, the instructions for i-485 mention a photopy of a marriage certificate, but this is in relation to derivative applicants through marriage, not K-1. In the section for K-1 specific, it mentions having to attach a marriage certificate, but there is no mention of the word "photocopy".

In my opinion, anybody who wants to be sure and can easily spare a certified copy, should send one in the application.

 

While it is right that it is not required evidence, it is something could is likely to be RFE'd. I'd recommend that if you do not supply this with the initial application, that you gather evidence asap and upload it under your case in the MyUSCIS-account (once you have access).

 

Regarding DS-3025

Like others have said, you can include a copy of your DS-3025. As someone who has completed a medical exam abroad (including vaccinations), your partner should be exempt from completing i-693 if filing AOS within a year of the medical.

It is always good to actually be aware of all Panel Physician instructions, so you know whether your DS-3025 contains errors or not, as a USCIS adjucator has the power to overturn it if it was marked complete without actually being complete.

 

Also note that your DS-3025 is not official evidence of the medical abroad. People add this just to judge the USCIS adjucator and show them that an abroad medical exam has been performed. It is then that adjucator's responsibility to find the medical exam in their files. If all went right, the original documents that USCIS is allowed to use were in the packet that the applicant gave to CBP on entry in the US. CBP then mails this to USCIS for them to add to your "A-file", and those are the original documents they are allowed to use.

 

The reason people do this, is because USCIS processes a lot of i-485, and only very, very few of them have medical exams performed abroad (K-1, Refugees, and Afghan OAW-applicants). So they are often prone to just look for i-693 and send an RFE when it is missing, because they are not used to i-693 not being required. The DS-3025 will remind them of this and make it harder to miss.

We plan to hand deliver our signed and completed marriage certificate to the County Clerk's office here. We can request as many official copies at that time as we want for like $1.25 ea. so we are going to get like 10 of them so that we can send in a certified copy to not risk a possible RFE. As far as evidence of a bona-fide marriage, we also decided to send whatever we have available at the time that we submit the AOS. We are hoping to avoid any possible RFE AND in the hopes that this will help our chances of getting approved without having an interview. We have a pretty significant age gap and we know that can sometimes be seen as a "red-flag" for some adjudicating officers, so hopefully we can get enough evidence put in front of them that they don't feel the need for an interview. 

 

As far as the DS-3025, yes we will send a copy of it and not the original. We are also planning to include a cover letter over the DS-3025 copy and mention it in the I-485 cover letter (see screenshots below) hoping this will grab the adjudicating officer's attention. 

[M plus D 40]

21 minutes ago, Edward and Jaycel said:

As far as the DS-3025, yes we will send a copy of it and not the original. We are also planning to include a cover letter over the DS-3025 copy and mention it in the I-485 cover letter (see screenshots below) hoping this will grab the adjudicating officer's attention.

A very nice cover letter, indeed! To me, it seems like you have done all you can to minimize risk of an RFE for i-693. All that is left is to cross your fingers, haha