Filing I-485 after I-94 expires - what to do?

[EtherealVocalist 0]

HEllo VJers -

This forum is so full of information! THank you so muh to all that contributes here - I have found many info on all the questions I have been having...

My now husband ( from Germany - was inocculated with BCG vaccine as a baby ) and I are trying to file all of these paper in time before his Visa ( VWP ) expires on 02-26-09. The thing is his TST came positive ( with 15mm ) and his Chest X-ray result is Normal. The civil surgeon we saw on Monday the 26th ( didn't want to help us much and barely spoke any english ) wants him to get clearance from a TB clinic or a pulmonary specialist stating that he's not infectious. the problem is that I live in a remote area here in NH and these kind of doctors don't come in by the handful. I called te TB health department here to see if they could help me, but I have been told "We only treat and see people that have ACTIVE TB, if your husbands chest Xray are clear, he doesn't have active TB and we do not want to see him here." So I am a bit perplexed and scheduled another apointment with a different CS in Portland Maine on Feb 3rd. JUST IN CASE, I also was able to secure an apointment with a pulmonary specialist on the 11th of February to perhaps give me such clearance or further tests in the event they feel that he needs it.

But it is cutting it so close to the end of his visa that I am afraid to not be able to file the I-693 along with all my other paperwork. Everything is ready other than this Medical! I mean all of his vaccines are up to date, just this TB that is stopping us from filing everything. What should I do?

*** Go ahead and file all the papers ( OAS - petition for PR - EAD - Aff. of Suppt etc ) WITHOUT the I-693? If I do this will my application be rejected or denied?? Will they send me a RFE?

*** Or wait until we get everything done with his Medical and file all together eventhough it might be after his visa Deadline? I am so afraid for him to be ou of status...

Any help and comments appreciated.

Thank you in advance.

[YuAndDan 153]

This question and situation is asked about multiple times per day.

http://www.visajourney.com/faq/k1k2visa-aos.html#6.1

Form I-485 directions says you "MAY" include the I-693, it does not say you MUST include it.

If you file without it, one of two things will happen:

• Case is transferred to CSC for adjudication, you will get an RFE for the I-693.
• Case is transferred to field office for an interview, you will be requested to bring it to the interview.