Two questions that just won't go away...!

[George&Lisa 0]

Hi Everyone,

Okay so here's the situation. K1 visa holder, entered 16 September 2011, married November 12 2011. Right now we're just trying to get the AOS stuff in and for the most part haven't had a problem but now there's two questions about AOS that are really worrying us. Hopefully they're pretty easy to answer...

Question 1: When I had my medical for the K1 in London I did not have a full vaccination record confirming I got my MMR, tetanus shots and so on. I had the MMR before and I told the doctor that and she put down I'd had it but when it came to the tetanus (td) shot I couldn't remember having it. The doctor said it wasn't neccessary for entry on the K1 but that I could either get it now for an additional fee and get the full vaccination record or I could defer it until I entered the US and get it before AOS, in which case she'd have to mark down the record was incomplete on my DS-3025. At the time I was short on money so I decided to defer it (which I kind of regret doing now but oh well) and the issue never came up again. Now that I'm in the US in Ohio I've had problems because I know I need the TD to adjust status but, firstly, it's hard finding a doctor who will do it (as opposed to the full medical examination, which i have already had) and, secondly, it's opened a whole can of worms regarding the paperwork for AOS. I found a Civil Surgeon who was willing to give me the shot for $100 and do the paperwork but when I went to get the shot and brought the I-693 with me he said he couldn't fill the whole thing out because he wasn't doing a full medical examination, which makes sense, but he didn't seem sure what he needed to fill out and I wasn't sure either so I said I just needed the vacinnation record updated on the work-sheet, which he did and all but now I've noticed there's a section under Applicants Certification he didn't fill out as well as a section about Civil Surgeon's Certrification. So here's my question: What is needed to prove my vacinnation record is complete? I have the part of the I-693 I mentioned, which he has signed as well as a receipt for a tetanus shot and a sheet he signed stating I had the vaccination there on that day. Will this be enough or am I going to get an RFE without the full I-693?

Question 2: A little simpler, I got my Ohio driver's permit back in September. However I just noticed on my license it's due to expire on December 15 since that was the expiry on my I-94. My question is, how do I go about getting an extension on my permit while I wait for my green card? What is needed? Do I need to wait for a NOA to go to the BMV and get a license extension, or will a copy of our marriage certificate do, since it kind of proves I'm entitled to live here?

Thanks!

s

[ceadsearc 516]

Don't know the answer to question one. On question two, check the website for your state to see what they require to prove legal presence. You will likely need the 797 at minimum but may also need your EAD, so you may not be able to avoid a lapse. A marriage certificate won't prove legal presence.

[Ellesse 11]

Question 1: When I had my medical for the K1 in London I did not have a full vaccination record confirming I got my MMR, tetanus shots and so on. I had the MMR before and I told the doctor that and she put down I'd had it but when it came to the tetanus (td) shot I couldn't remember having it. The doctor said it wasn't neccessary for entry on the K1 but that I could either get it now for an additional fee and get the full vaccination record or I could defer it until I entered the US and get it before AOS, in which case she'd have to mark down the record was incomplete on my DS-3025. At the time I was short on money so I decided to defer it (which I kind of regret doing now but oh well) and the issue never came up again. Now that I'm in the US in Ohio I've had problems because I know I need the TD to adjust status but, firstly, it's hard finding a doctor who will do it (as opposed to the full medical examination, which i have already had) and, secondly, it's opened a whole can of worms regarding the paperwork for AOS. I found a Civil Surgeon who was willing to give me the shot for $100 and do the paperwork but when I went to get the shot and brought the I-693 with me he said he couldn't fill the whole thing out because he wasn't doing a full medical examination, which makes sense, but he didn't seem sure what he needed to fill out and I wasn't sure either so I said I just needed the vacinnation record updated on the work-sheet, which he did and all but now I've noticed there's a section under Applicants Certification he didn't fill out as well as a section about Civil Surgeon's Certrification. So here's my question: What is needed to prove my vacinnation record is complete? I have the part of the I-693 I mentioned, which he has signed as well as a receipt for a tetanus shot and a sheet he signed stating I had the vaccination there on that day. Will this be enough or am I going to get an RFE without the full I-693?

I had to get my I-693 completed as well, and the parts that I had completed were part 1 (that I completed), Part 2 (Vaccinations section only filled out, transcribed from the original vaccine report and adding the vaccinations I then had that day) and part 5 (civil surgeon's certification). From reading the instructions for completing the form, I think that was all that was required if your medical is less than a year old. It sounds like he may not have completed the parts you require if he didn't sign the certification - did he sign part 5?

Question 2: A little simpler, I got my Ohio driver's permit back in September. However I just noticed on my license it's due to expire on December 15 since that was the expiry on my I-94. My question is, how do I go about getting an extension on my permit while I wait for my green card? What is needed? Do I need to wait for a NOA to go to the BMV and get a license extension, or will a copy of our marriage certificate do, since it kind of proves I'm entitled to live here?

I have a full Ohio driving license. In order to get it, I had to take and pass the knowledge and skills tests and then take the following:

My passport (with K-1 and I-94), social security card, marriage certificate, a statement from the bank showing my address on it and my NOA1 for my AOS paperwork and pay from my DL (which was $20). The first set of people I spoke to said I didn't need my NOA1, but when I went back in to get my license I was told I DID need it, so it might be worth going in to your local BMV and ask them what they suggest. Worse comes to worse, you can still use your UK driving license until you have your green card - I think Ohio gives residents about 30 days to get their driving license once you are a resident (which I take to mean from the date when your green card was issued).

Hope that helps.

L

Edited December 11, 2011 by Ellesse

[Nich-Nick 3,354]

So here's my question: What is needed to prove my vacinnation record is complete? I have the part of the I-693 I mentioned, which he has signed as well as a receipt for a tetanus shot and a sheet he signed stating I had the vaccination there on that day. Will this be enough or am I going to get an RFE without the full I-693?

There's a new I-693 that is mandatory Jan 1. It's the one posted on USCIS.gov. Is that the one you have? It's going to cause a lot of problems with civil surgeons. The instructions say (Section III FAQs about K1s) that you need the vaccination page and page 1. I see the doctor's hesitation, but I believe the intent is for you to fill out your info and sign in front of the doctor. Then they need his name, address, signature in Part 3 so they can know his full information. There's no way he could complete Part 2 if he didn't do the exam. Once again USCIS has made it more complicated for the K visa holder because it's design fits the majority of AOS applicants who are already in they US on another visa (work, student, even VWP). They would all be getting their first medical in the US.

So if you could print off the instructions to go over with the doctor and ask him if he would perhaps cross through Part 2 and write "K visa exam completed overseas". Then would he be willing to fill out his name, address and sign to show he examined your shot records and filled out the vaccination page?? You'd be a great test case to this new form....well if you can get the doctor to agree. You'll be a super-hero to try that. He can even cross through the rest of the pages and seal them up if he feels better about it. Or you can surf the web and try to find a copy of the previous version of form I-693 which is accepted until Jan 1. It's the version where Part 1, 2, & 5 are filled out.

Question 2: A little simpler, I got my Ohio driver's permit back in September. However I just noticed on my license it's due to expire on December 15 since that was the expiry on my I-94. My question is, how do I go about getting an extension on my permit while I wait for my green card? What is needed? Do I need to wait for a NOA to go to the BMV and get a license extension, or will a copy of our marriage certificate do, since it kind of proves I'm entitled to live here?

The only thing (dated and from USCIS) officially showing you are entitled to live here will be your EAD (1 year) or your greencard. You will be in limbo for documented proof as of Dec 15. It's the K1 curse, much like you're finding on the I-693. It's all written to cater to all the others adjusting status.

[VanessaTony 3,567]

#1: What Nich-Nick said.

Re #2: Your marriage certificate DOES NOT prove that you're entitled to live here. Marriage to a USC does NOT prove anything about your status. Regarding your licence here are the acceptable documents to do your licence: http://www.bmv.ohio.gov/acceptable_id_documents.stm You should be able to show your AOS NOA1 to get the extension.

[George&Lisa 0]

Thanks for the help! We sent in the I-693 in an envelope sealed by the civil surgeon with the updated vaccination record and section one filled out by the CS. hopefully no RFE...