Filing I-485 After K-1 Visa: Questions About Forms and Medical Requirements (Merged threads)

[M plus D 57]

4 hours ago, K1visaHopeful said:

If your DS3025 is MARKED complete and IS complete, that's all you need (and a PHOTOCOPY of your DS3025 copy should be submitted NOT your original personal copy).

Any vaccines received AFTER your DS3025 are personal and have nothing to do with immigration UNLESS your DS3025 is NOT COMPLETE.

If DS3025 NOT COMPLETE, then your copy of vaccination record received after your panel physician appoint abroad is useless. It must be transcribed to an I693 by a US Civil surgeon in the US if you did not complete your vaccines abroad and your DS3025 is MARKED incomplete OR IS incomplete.

 

You can learn how DS3025s are supposed to look when complete by inserting that word into the VJ search bar. You can also look up the vaccination policy in the USCIS policy manual for understanding. 

 

Explain why you think you need to provide a copy of your recent Covid19 vaccination for clarity.

It is rather odd to be advocating for attachment of a photocopy of DS-3025 but against attaching evidence of shots post-medical, in a single post.

 

Both are the same level of unnecessary when it comes to official evidence. Neither a submitted photocopy of DS-3025 nor individual receipts of vaccinations can be used by USCIS as medical evidence. They are only allowed to use the medical forms that are part of your A-file.

 

However, both can serve a different function:

• Inclusion of DS-3025 reminds adjucating officer that a medical abroad has been performed, reducing chance of an RFE for medical exam/vaccination history (i-693).
• Inclusion of evidence of continued shots after medical could possibly help create good will toward you from the adjucating officer. The US government assumes on good faith that you will continue the shots you still need post-exam, and you provide evidence that you have.

I would also recommend not using "VJ Search Bar" to find out whether a DS-3025 is correct or not. The instructions for Panel Physicians are ever-changing, and old posts could be misleading. For example, pre-2019 posts could leave out COVID requirements, and other older posts could leave out the new Polio Addendum.

 

Because of this, it is way more safe to take instructions straight from the source: Technical Instructions for Panel Physicians | Immigrant and Refugee Health | CDC.

[Summer melody 7]

9 hours ago, K1visaHopeful said:

If your DS3025 is MARKED complete and IS complete, that's all you need (and a PHOTOCOPY of your DS3025 copy should be submitted NOT your original personal copy).

Any vaccines received AFTER your DS3025 are personal and have nothing to do with immigration UNLESS your DS3025 is NOT COMPLETE.

If DS3025 NOT COMPLETE, then your copy of vaccination record received after your panel physician appoint abroad is useless.

My DS 3025 is complete, as it is marked "K Visa applicant voluntarily completed vaccination requirements". 

 

 

9 hours ago, K1visaHopeful said:

Explain why you think you need to provide a copy of your recent Covid19 vaccination for clarity.

 I'm from Russia. The COVID-19 vaccines accepted in the U.S. weren't available in my country. We have our own vaccine, called Sputnik V developed by the Gamaleya Research Center. 

 

I received two shots in the spring of 2021 as indicated in my vaccination record.

 

However, I'm still unsure if I need to provide my U.S. vaccination record as well (I received a Moderna shot recently).

[Summer melody 7]

4 hours ago, M plus D said:

It is rather odd to be advocating for attachment of a photocopy of DS-3025 but against attaching evidence of shots post-medical, in a single post.

 

Both are the same level of unnecessary when it comes to official evidence. Neither a submitted photocopy of DS-3025 nor individual receipts of vaccinations can be used by USCIS as medical evidence. They are only allowed to use the medical forms that are part of your A-file.

 

However, both can serve a different function:

• Inclusion of DS-3025 reminds adjucating officer that a medical abroad has been performed, reducing chance of an RFE for medical exam/vaccination history (i-693).
• Inclusion of evidence of continued shots after medical could possibly help create good will toward you from the adjucating officer. The US government assumes on good faith that you will continue the shots you still need post-exam, and you provide evidence that you have.

I would also recommend not using "VJ Search Bar" to find out whether a DS-3025 is correct or not. The instructions for Panel Physicians are ever-changing, and old posts could be misleading. For example, pre-2019 posts could leave out COVID requirements, and other older posts could leave out the new Polio Addendum.

 

Because of this, it is way more safe to take instructions straight from the source: Technical Instructions for Panel Physicians | Immigrant and Refugee Health | CDC.

Thank you so much for your advice. I used the seach bar and found out that my DS 3025 is correct, and providing evidence of continued shots won't hurt. So I will definitely include my most recent COVID-19 vaccine

[Summer melody 7]

 

I have one more question regarding filling out the forms. I downloaded the latest versions of the I-485 and I-864, but certain sections can't be filled out using Adobe Acrobat Reader.

 

Is it okay to fill in these sections with a black pen?

[M plus D 57]

4 minutes ago, Summer melody said:

 

I have one more question regarding filling out the forms. I downloaded the latest versions of the I-485 and I-864, but certain sections can't be filled out using Adobe Acrobat Reader.

 

Is it okay to fill in these sections with a black pen?

Yes, you are allowed to hand-write answers, and indeed only with a black pen. You can find all filing tips on the USCIS website: Tips for Filing Forms by Mail | USCIS

 

[K1visaHopeful 2,850]

7 hours ago, Summer melody said:

My DS 3025 is complete, as it is marked "K Visa applicant voluntarily completed vaccination requirements". 

 

 

 I'm from Russia. The COVID-19 vaccines accepted in the U.S. weren't available in my country. We have our own vaccine, called Sputnik V developed by the Gamaleya Research Center. 

 

I received two shots in the spring of 2021 as indicated in my vaccination record.

 

However, I'm still unsure if I need to provide my U.S. vaccination record as well (I received a Moderna shot recently).

As above, if your DS3025 is marked complete and IS complete nothing further is needed. Submitting a copy of any vaccine records completed after DS3025 completion could trigger an adjudicator inexperienced with the K1 medical redo exception to call for a new I693 by a US Civil Surgeon at a cost of possible more than $1k. 

I'd leave it out to avoid possible confusion being your DS3025 is marked complete and IS complete as is. 

[Summer melody 7]

 

While reviewing my husband's 2021 and 2022 IRS tax transcripts, I noticed that his mother was listed as a dependent on both. Since she passed away in 2023, should I include her death certificate with the I-864 to show that she's no longer a dependent, even though she isn’t listed on the 2023 IRS transcript?

[Summer melody 7]

 

I'm a bit confused about what to write in Section 27 Part 1 of the I-864 form regarding my current immigration status.

 

My I-94 expired at the end of last month, but the K-1 visa in my passport is still valid until the end of this month. Should I write "K-1" or "Out of Status"?

 

 

[Summer melody 7]

23 minutes ago, Summer melody said:

 

I'm a bit confused about what to write in Section 27 Part 1 of the I-864 form regarding my current immigration status.

 

My I-94 expired at the end of last month, but the K-1 visa in my passport is still valid until the end of this month. Should I write "K-1" or "Out of Status"?

 

 

Sorry, I mean Section 27 part 1 of the I-485 form. My visa is currently valid but I-94 has expired.

Edited October 4 by Summer melody

[powerpuff 6,744]

54 minutes ago, Summer melody said:

 

While reviewing my husband's 2021 and 2022 IRS tax transcripts, I noticed that his mother was listed as a dependent on both. Since she passed away in 2023, should I include her death certificate with the I-864 to show that she's no longer a dependent, even though she isn’t listed on the 2023 IRS transcript?

It can’t hurt in my opinion and in case the officer reviewing the file might have questions he’ll have an explanation so possible you’ll avoid an RFE.

 

15 minutes ago, Summer melody said:

Sorry, I mean Section 27 part 1 of the I-485 form. My visa is currently valid but I-94 has expired.

K1 is correct.

[Summer melody 7]

3 minutes ago, powerpuff said:

It can’t hurt in my opinion and in case the officer reviewing the file might have questions he’ll have an explanation so possible you’ll avoid an RFE.

 

K1 is correct.

Thank you so much!

[Summer melody 7]

46 minutes ago, powerpuff said:

K1 is correct.

While reviewing my I-485, I came across Question 17 in Part 8: "Have you ever violated the terms and conditions of your nonimmigrant status?" Since my I-94 expired at the end of September but my K-1 visa is still valid, does this count as a violation? Should I also provide an explanation in Part 14 (Additional Information) explaining that my K-1 visa is still valid?

Edited October 4 by Summer melody

[OldUser 6,978]

19 minutes ago, Summer melody said:

While reviewing my I-485, I came across Question 17 in Part 8: "Have you ever violated the terms and conditions of your nonimmigrant status?" Since my I-94 expired at the end of September but my K-1 visa is still valid, does this count as a violation? Should I also provide an explanation in Part 14 (Additional Information) explaining that my K-1 visa is still valid?

K-1 is a single entry visa.

You got I-94. After authorized stay expires and you don't have pending I-485, you're out of status.

[Summer melody 7]

16 minutes ago, OldUser said:

K-1 is a single entry visa.

You got I-94. After authorized stay expires and you don't have pending I-485, you're out of status.

So, in Part 1, Question 27, I should write "Out of status" instead of "K-1," and answer "Yes" to Question 17 in Part 8 ("Have you ever violated the terms and conditions of your nonimmigrant status?"). In the Additional Information section, should I provide an explanation like, "My I-94 expired on dd/mm/yy

"?

[Summer melody 7]

15 minutes ago, Summer melody said:

So, in Part 1, Question 27, I should write "Out of status" instead of "K-1," and answer "Yes" to Question 17 in Part 8 ("Have you ever violated the terms and conditions of your nonimmigrant status?"). In the Additional Information section, should I provide an explanation like, "My I-94 expired on dd/mm/yy

"?

I am extremely confused about this section, as I read on this forum that "To meet the terms of the K1 visa, you just need to marry in the US within 90 days of entry.  No requirement to file AOS within 90 days." 

Does that mean I haven’t violated the terms of my nonimmigrant status (K-1 visa)?

Edited October 4 by Summer melody