K-1 AOS filed beyond I-94 expiration - issues with using Advance Parole for travel abroad?

[F & J 21]

Hi! I entered on a K-1 visa and my I-94 will be expiring in 2 weeks (September 25th). My fiance/petitioner and I are already married but can't mail our AOS package yet because we are still waiting for our marriage certificate. Also, the nearest Civil Surgeon to our home is 70 miles away and their next available appointments are the week after my I-94 expires (earliest available is on the 29th). They also have no idea about the I-693 and I'm worried that they will refuse to transcribe my DS-3025. (*Note: I will be getting my vaccinations up-to-date at the public health department because it's cheaper). I found a clinic with a bunch of civil surgeons but they told me that they won't sign any form unless I have the full medical for $350.

Has anyone had any problems using Dr. Arnold's services? We live in Michigan and we're worried that if we use a Civil Surgeon out-of-state (Dr. Arnold being in Texas) that it would cause problems with our application?

We called the USCIS National Customer Service Center and they confirmed that we could file beyond the 90 days/I-94 expiration. The customer service representative said I could remain in the U.S. legally but I would be out of status. We were wondering if that would be a problem if I use Advance Parole to travel abroad? Would they still count the out of status days even if we've already filed our AOS application?

Edited September 14, 2009 by Aislinn

[raymaga 25]

You do not need a full medical exam for AOS, as long as your medical exam for your K-1 visa was no more than one year ago. All you need is the vaccination supplement.

When you apply for AOS, you can apply for AP and EAD at the same time. Once the AP is approved, you will be free to travel outside the U.S.

Edited September 14, 2009 by raymaga

[Otto 83]

Has anyone had any problems using Dr. Arnold's services? We live in Michigan and we're worried that if we use a Civil Surgeon out-of-state (Dr. Arnold being in Texas) that it would cause problems with our application?

Not that I've ever heard - no problems.

We called the USCIS National Customer Service Center and they confirmed that we could file beyond the 90 days/I-94 expiration. The customer service representative said I could remain in the U.S. legally but I would be out of status. We were wondering if that would be a problem if I use Advance Parole to travel abroad? Would they still count the out of status days even if we've already filed our AOS application?

Out of status days starts from when the I-94 expires - so if you accumulate enough days, traveling with AP could be a problem.

[F & J 21]

You do not need a full medical exam for AOS, as long as your medical exam for your K-1 visa was no more than one year ago. All you need is the vaccination supplement.

When you apply for AOS, you can apply for AP and EAD at the same time. Once the AP is approved, you will be free to travel outside the U.S.

I tried to explain that my overseas medical (June 2008) was still valid but they insist on doing the full medical, otherwise they won't sign the I-693 It looks like we will have to use Dr. Arnold's services but we're worried that it might cause problems since we're just going to mail the forms instead of seeing the doctor personally

Re: Advance Parole. Once it's approved, would it be ok to travel with it even if I have out-of-status days from filing AOS beyond the 90 days on my I-94?

[SMR 368]

Hi! I entered on a K-1 visa and my I-94 will be expiring in 2 weeks (September 25th). My fiance/petitioner and I are already married but can't mail our AOS package yet because we are still waiting for our marriage certificate. Also, the nearest Civil Surgeon to our home is 70 miles away and their next available appointments are the week after my I-94 expires (earliest available is on the 29th). They also have no idea about the I-693 and I'm worried that they will refuse to transcribe my DS-3025. (*Note: I will be getting my vaccinations up-to-date at the public health department because it's cheaper). I found a clinic with a bunch of civil surgeons but they told me that they won't sign any form unless I have the full medical for $350.

Has anyone had any problems using Dr. Arnold's services? We live in Michigan and we're worried that if we use a Civil Surgeon out-of-state (Dr. Arnold being in Texas) that it would cause problems with our application?

We called the USCIS National Customer Service Center and they confirmed that we could file beyond the 90 days/I-94 expiration. The customer service representative said I could remain in the U.S. legally but I would be out of status. We were wondering if that would be a problem if I use Advance Parole to travel abroad? Would they still count the out of status days even if we've already filed our AOS application?

You can file a couple weeks after the K-1 expiration date. I wouldn't worry about the out of status days. But don't leave the country before you receive AP through AOS, whatever you do. Returning to the USA could be dicey. Even if you obtained advance parole with the K-1 visa, the AP expires when the visa expires. And unless you have received AP from the AOS (through I-131 if I remember) then the foreign spouse will have no basis for reentry and will be forced to start over with K-3/CR-1.

Edited September 14, 2009 by SMR

[F & J 21]

Has anyone had any problems using Dr. Arnold's services? We live in Michigan and we're worried that if we use a Civil Surgeon out-of-state (Dr. Arnold being in Texas) that it would cause problems with our application?

Not that I've ever heard - no problems.

We called the USCIS National Customer Service Center and they confirmed that we could file beyond the 90 days/I-94 expiration. The customer service representative said I could remain in the U.S. legally but I would be out of status. We were wondering if that would be a problem if I use Advance Parole to travel abroad? Would they still count the out of status days even if we've already filed our AOS application?

Out of status days starts from when the I-94 expires - so if you accumulate enough days, traveling with AP could be a problem.

I read a post that some people got RFEs on the I-693 because they used Dr. Arnold's services. I guess I will try one last clinic - they told me to call again tomorrow because the receptionist who handles all the immigration medicals wasn't there last week. If not, we will have to use Dr. Arnold's services and just hope for the best

Re: AP. Gaaah..that's what I thought. I would rather play it safe and be able to stay with my husband here in the U.S. We already had a bit of a scare that I might get deported if we don't file AOS within the 90 days. I'm so glad we called the Customer Service Center *whew

Thank you so much!

[Ellie-and-David 38]

The reason Dr Arnold is so popular is because there are a large number of Civil Surgeons trying to screw new immigrants out of more money. A number of people have used Dr Arnold with great success. The RFE's that have resulted from this use have not been because of who signed the form, but that information regarding for example the TB skin test has been missing. Obviously this test is something Dr Arnold can not do remotely. He only deals with vaccination transcription unless you are in the immediate area.

If you require anything other that just plain old vaccination transcription, then Dr Arnold's services are not appropriate.

[john_and_marlene 162]

We were wondering if that would be a problem if I use Advance Parole to travel abroad? Would they still count the out of status days even if we've already filed our AOS application?

It would only be a problem if you accumulate 180 days of out of status time before your AOS is submitted.