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Everything posted by K1visaHopeful
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Joint sponsor
K1visaHopeful replied to G and B's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
"May" is your keyword. While many can use tax proofs only because they have exceeded the FPGLs, your OS hasn't in the past and required a JS. As above x2, he'll need to do the most to prove he meets them NOW AKA. CURRENTLY. Able to doesn't equal eligible to. Just because you are able to doesn't make you eligible. I stand by that while others may not. The last thing you need is an NOID for misunderstanding or having an adjudicator that follows protocol to a T. -
Joint sponsor
K1visaHopeful replied to G and B's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Six months paystubs are nothing without an EVL. The employer must allow write up an EVL. Uscis is not going to research the OSs salary. I don't think you are understanding what we are telling you. Because USCIS already knows that your OS didn't meet the FPGLs in 2023, your going to need to be more detailed on how you respond NOW to this RFIE and you'll need to respond with CURRENT income as explained above. I'm not talking about what you've uploaded in the past (or even in the recent past). I'm talking NOW and AFTER the RFIE was issued. You'll respond by mail because AOSers are not eligible to upload. Current proof of income as in a CURRENT EVL (dated after the RFIE) and current paystubs dated since now (after RFIE) and back 6 months from now. Current income evidence will help you prove both that the OS meets the FPGLs and doesn't need the JS any more. 2023 taxes are most recent taxes but are not current income. Current EVL and 6m paystubs are. Please please please read through the instructions to differentiate your understanding of tax proofs and current income. -
Joint sponsor
K1visaHopeful replied to G and B's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
The commentor is stating that current income is more common important than 2023 taxes as they are not current regardless if they are the most recent ones. Proving current income is best. ESPECIALLY when the OS has not met the FPGLs in the past. In your case, 2023 taxes will likely not be enough. The I864 instructions state what you can submit to prove current income. (Likely, a properly written EVL AND 6 months of current paystubs however you've indicated nothing as to the OSs employment type in your thread to help further). Ensure you've read and understand the instructions before filing out any form. -
PS. A govn representative is not eligible to help unless you are WELL outside of normal processing times AND have already placed an outside of normal processing times enquiry ON THE WEBSITE which has gone beyond the alotted time for that enquiry too. The website above will tell you WHEN you are eligible to place an enquiry. Calling is not necessary nor is it the established form of contact for such an enquiry.
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What does the USCIS processing times website say when you input your details into it? https://egov.uscis.gov/processing-times/ If you are still within normal processing times, all you can do is renew EAD/AP and wait it out. If you are approved without interview or interviewed for I485 after your 2year wedding anniversary, you'll get a 10 year PR card, not a 2year CPR card.
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Joint sponsor
K1visaHopeful replied to G and B's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Depending on the context of the RFIE, most likely. Post it, redacted, of course. *Unrelated: best your RFIE response be on paper and mailed in, not uploaded as your AOS package was mailed and not online filed. -
K1s do NOT submit I693s. A K1s overseas medical is good for one year to FILE I485. It doesn't matter when a K1 AOSer is interviewed or approved for AOS as long as they FILE I485 within one year of their overseas medical date AND it was marked complete and it IS complete, a new US obtained medical and I693 is not required under normal processing circumstances (and we do not know the OPs circumstances so GUESSING only opens the thread up for a whole bunch of guessing that can hurt others who read it). K1s are unique. You can find all of this info on the I693 instructions and in threads here. Let's await the OPs full timeline edit and explanation to answer so others aren't harmed.
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Your question doesn't make sense for the K1 forum you've posted in. 1. K1s don't send in their panel physician overseas medical exam with their AOS submission. It was already enclosed in your sealed visa packet and collected at your POE for transfer from DHS to USCIS for storage in your Afile. You don't have a copy of it now to send in and never did. 2. It is recommended K1s DO attach a photocopy of THEIR PERSONAL copy of their DS3025 Vaccination Record copy from their panel physician overseas medical to their I485. Is THAT what you are talking about? That and the Xray CD is all you would have received from your overseas panel physician. 3. Please clarify what process you are working on and the details of why you are resubmitting so we can understand to be able to answer. ALSO, your timeline is nearly blank. Filling out your timeline is EVERYTHING so we can answer properly. Are you even a K1? A K1 doesn't submit a medical with I485. AT MOST, a K1 would have to submit a NEW US OBTAINED medical UPON REQUEST from USCIS but it would never be submitted with their I485.
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Documents vary by COUNTRY. As a K1, you would have provided the documents for your visa that are accepted by the US from your country to prove whatever matter. Those documents and requirements don't change for AOS as you are still from that country. Follow the requirements for your country. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html
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Huh? Opened what medical? This is a K1 AOS filing. The OP submitted a photocopy of their DS3025 as recommended. The OP doesn't even have their sealed medical to be able TO submit it. That was collected at point of entry in the sealed envelope and has been shipped off to storage from DHS to USCIS with their A file. It won't get opened until the adjudicator gets to their case months down the line. Geesh. No need to freak out the OP more than necessary, guys.
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No. That is NOT required. A K1 is excluded from redoing the medical and filing an I693 provided their DS3025 is marked complete. OP says they attached a copy of their DS3025. That is all they need to do until (or IF) they are advised anything further is needed. @wildbug100420ensure you have read the I693 instructions before making such a grand statement. I693 is for those filing AOS from within the US who aren't K1s and who have not completed an immigration medical.
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Hopefully after reading through the thread that your visa expired the moment you used it to enter the US, so while filling within 90 days is ideal, it's not usually a biggie if you don't (unless you get arrested for something else entirely and the authorities report you to ICE for unknown status). Hopefully you have also joined your monthly AOS Filing Thread and done some research within it and also some research by using the search bar about K1 AOS filing, so you can educate yourself on the process as there is nothing for you to be worried about at the point other than a possible RFIE/RFE months from now which is hardly the end of the world. Education calms the nerves. Learn the process and you'll have no reason to be so alarmed.
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Relax. You have not waited long enough. Noa1 can take up to 30 days from when it was received not sent before you are even eligible to contact the lockbox. Calling is discouraged. This is not a reason to call them. Your shipping status days or was received. Again, relax. PS. No you cannot cancel it just because you made many errors. You have to wait for RFIE / RFE.
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The date of entry to the US counts. However he would know by the type of visa entry stamp in his passport. He SHOULD have been stamped in as an IR1 however he should have looked at it then and there and reminded the CBP officer in the moment of that fact that he was not a CR1. Hopefully IF there was a mistake it will be caught before GC processing.