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TearsOfBabylon

AOS vs. Expiration date of medical - latest filing?

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Hello Community! :)

I've got a little bit of confusion regarding the time for filing AOS before the medical expires.

My data:
Visa approved: 08/08/2017
Entry USA: 09/22/2017
Wedding: 10/26/2017
Admission stamp in passport until: 12/20/2017
Expiration date of medical according to visa in passport: 01/17/2018

We wanted to wait until January to file AOS, because then my husband will have the new tax return.
Since he only has one so far, which was enough for K1 (just had to submit the most current one), we wanted to wait for the new one so we can provide 2.

My questions:

  • Does it bring any problems for AOS if we go past the date of the admission stamp?
    I've read of so many people on here who did it YEARS after they entered, so I figured a month wouldn't be a problem. Please correct me if my thought is wrong!
  • Is it enough to mail out the AOS pack before the medical is expired, or do we have to have a NOA1 dated before that date?
  • What is the latest date you'd suggest to mail out the package?
  • Do they actually need 2 tax returns, or are we good with the same stuff we've submitted with the I-129f?


I don't want to have to take another medical just because of waiting for the tax return.

Thank you for some input and greetings from Virginia! :)
Bine


 

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1. You can file for AOS after the i-94 has expired, since you're married to a USC the overstay will be ignored.

 

2. Your overseas medical will be valid and fine to use if you file for AOS within 1 year of the date of your medical.

 

3. It's always recommended to file for AOS as soon as possible after the wedding, preferably while the i-94 is still valid. It's not a requirement though and there is no "latest date". Just be aware that once the i-94 has expired you're out of status and technically deportable.

 

4. If you look at the i-485 form and its instructions it should say that only the latest tax return (2016) is needed. Since 2017 years taxes are to be filed in April 2018 they might RFE you and ask for the latest one (2017) if your case is still pending by then. Or they can just ask you to bring the latest tax return (2017) to the interview.

But for now all you have is 2016, so you send that. You can send tax returns for the past three years, but it's not a requirement.

Edited by Scandi

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23 hours ago, Scandi said:

1. You can file for AOS after the i-94 has expired, since you're married to a USC the overstay will be ignored.

 

2. Your overseas medical will be valid and fine to use if you file for AOS within 1 year of the date of your medical.

 

3. It's always recommended to file for AOS as soon as possible after the wedding, preferably while the i-94 is still valid. It's not a requirement though and there is no "latest date". Just be aware that once the i-94 has expired you're out of status and technically deportable.

 

4. If you look at the i-485 form and its instructions it should say that only the latest tax return (2016) is needed. Since 2017 years taxes are to be filed in April 2018 they might RFE you and ask for the latest one (2017) if your case is still pending by then. Or they can just ask you to bring the latest tax return (2017) to the interview.

But for now all you have is 2016, so you send that. You can send tax returns for the past three years, but it's not a requirement.

Hey @Scandi :)
Tack sa mycket for your reply! :)
Weird, I didn't get any notification, so I went back to my thread to see if I can push it up. Strange!

Anyhow, thanks for your answer, I'll let my husband read it!

What still confuses me, is the medical validity! 
My K1 Visa sticker says "Validity shortened due to medical blabla" and the expiration date on the visa is Jan 17th. My medical was on July 18th, so that makes exactly a half year. Also the embassy page says 6 months, while I was thinking of one year well, since I've read it everywhere on here. 

Can you help me clarify?

Thank you! 
Bine

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2 minutes ago, TearsOfBabylon said:

Hey @Scandi :)
Tack sa mycket for your reply! :)
Weird, I didn't get any notification, so I went back to my thread to see if I can push it up. Strange!

Anyhow, thanks for your answer, I'll let my husband read it!

What still confuses me, is the medical validity! 
My K1 Visa sticker says "Validity shortened due to medical blabla" and the expiration date on the visa is Jan 17th. My medical was on July 18th, so that makes exactly a half year. Also the embassy page says 6 months, while I was thinking of one year well, since I've read it everywhere on here. 

Can you help me clarify?

Thank you! 
Bine

The visa and AOS are two different things.

 

The date is for how long the medical is valid to get the visa. You can for instance not have your medical done in January 2018 and then only have your interview for the visa in October 2018. You would then have to get a new medical as too much time had passed for the medical to still be valid for the visa

 

AOS is a different thing, the medical will be good to use for your AOS if you file within 1 year of your overseas medical. 

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Just now, Scandi said:

The visa and AOS are two different things.

 

The date is for how long the medical is valid to get the visa. You can for instance not have your medical done in January 2018 and then only have your interview for the visa in October 2018. You would then have to get a new medical as too much time had passed for the medical to still be valid for the visa

 

AOS is a different thing, the medical will be good to use for your AOS if you file within 1 year of your overseas medical. 

Oh my goodness, I knew both facts, but my brain didn't put it together. :)
Thank you very much! :)

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