Filling AOS after visa expired

[newLife2010 1]

Hi Guys,

i saw some similar posts to my question but they didn't really give me a clear answer. So please bear with me.

My Fiance (now wife) came into US early last year and her k-1 visa expired in mid summer. Now because of some problems we were not able to file the AOS then, so I am doing it now. My questions are:

1.) Since the K-1 Visa has expired a while back and I am filling for AOS now, does that creat any problems (from my research I get the feeling its not that a major issue, but I might be wrong. Just want to get some clarification)

2.) This is more problematic. She had her medical done for the original embassy interview but it is now over a year old. Also, since the medical package was taken by the immigration officials at the POE we don;t have any record (except a sealed CD that was given to her from the medical). So our problem is how to proceed from here. I have the entire package ready to be mailed but just hanging on to make sure about the medical infomation being out of date. Should I just send the package and wait and see what USCIS asks for?

The visa journey AOS guide talks about I-693 being filled out BUT only if the DS-3025 is incomplete. Since we don;t have the medical package we don't know if I-693 should be filled out or not.

EDIT: Forgot to add, along with the CD, she did get a copy of the vaccinations that she received during the medical But like I said they are a year old.

PLEASE help.....

Edited January 13, 2012 by newLife2010

[ceadsearc 516]

Were you guys married within the 90 days?

If so, you shouldn't have issues even though she is out of status. Her K-1 expired when she set foot in the country but her authorized stay ended when her I-94 expired. Even so, unless she gets arrested or something she is unlikely to have problems. She is accruing out of status days though so depending on how long it has been, you may not want to bother with filing for AP. Once she receives her NOA1s for AOS she will be in a new period of authorized stay while her AOS is pending.

As for the medical - if it has been over a year the entire medical will need to be redone by a civil surgeon in the US. USCIS has a searchable list on their website as VJ has a list of member recommendations as well. This needs to be done before you send the AOS package.

[Ellesse 11]

Hi Guys,

i saw some similar posts to my question but they didn't really give me a clear answer. So please bear with me.

My Fiance (now wife) came into US early last year and her k-1 visa expired in mid summer. Now because of some problems we were not able to file the AOS then, so I am doing it now. My questions are:

1.) Since the K-1 Visa has expired a while back and I am filling for AOS now, does that creat any problems (from my research I get the feeling its not that a major issue, but I might be wrong. Just want to get some clarification)

2.) This is more problematic. She had her medical done for the original embassy interview but it is now over a year old. Also, since the medical package was taken by the immigration officials at the POE we don;t have any record (except a sealed CD that was given to her from the medical). So our problem is how to proceed from here. I have the entire package ready to be mailed but just hanging on to make sure about the medical infomation being out of date. Should I just send the package and wait and see what USCIS asks for?

The visa journey AOS guide talks about I-693 being filled out BUT only if the DS-3025 is incomplete. Since we don;t have the medical package we don't know if I-693 should be filled out or not.

PLEASE help.....

Hi there

When you say the K1 expired, do you mean the date by which your wife had to entered the US? If you entered the country prior to that expiration date and married within 90 days of entry (as stated on your I-94) then you have fulfilled the terms of your visa and can apply for AOS.

In terms of I-693, the instructions state that you do not have to have another medical done as long as the previous medical was done less than a year ago (page 4 of the instructions). As it is over a year, my understanding is that your wife will need to complete a new medical with a Civil Surgeon (google Civil Surgeons and call around to find out about prices as they tend to vary quite a bit). That form will be signed and sealed in an envelope by the surgeon and be sent with the rest of the AOS application. Do you have any records of the vaccinations that your wife has already had or the DS3025? If so, I'd take those with you to the appointment so they don't give her shots that she already has had.

Good luck!

L

[AMP 54]

From what I ready there is no time frame to get AOS, as long as you got married within 90 days. If you did not get married within 90 days then you got an issue.

In regards to medical record and being 1 yr old, you will have to get another medical exam. This will set you back 150$ just find a civil surgen, give him all the stuff CD and vacination record. he'll do a TB test and STD test. Then file the AOS and your golden.

[Harpa Timsah 13,258]

just find a civil surgen, give him all the stuff CD and vacination record. he'll do a TB test and STD test. Then file the AOS and your golden.

Or *she* will do a TB test. Ahem.

[AMP 54]

Or *she* will do a TB test. Ahem.

You say tomato I say tomatoe. What the big deal, plus how do you know its a she for real, some people are like in the cloest about stuff like that or he can be a Transgender post op.

You see have you reall thought that through?

[ceadsearc 516]

Well, the OP said it was his wife. Not sure why they'd lie.

[VanessaTony 3,567]

Well, the OP said it was his wife. Not sure why they'd lie.

Lol the "he" was reference to the CS

Or *she* will do a TB test. Ahem.

Yes the CS could be a chick but most are men... it's weird really... maybe 'cause CS's rip people off and that's a male trait

Edited January 13, 2012 by Vanessa&Tony

[ceadsearc 516]

Lol the "he" was reference to the CS

Yes the CS could be a chick but most are men... it's weird really... maybe 'cause CS's rip people off and that's a male trait

LOL that makes more sense! I was really scratching my head imagining a secret transgendered wife here.

The office my husband did his medical at had two civil surgeons, both women. In hindsight, both quite good at ripping people off ...

[newLife2010 1]

Yes we were married within 90 days.

So what does happen if I do send it without the new medical? Do they deny the application and I have to file again, or do they just do an rfe?

[kcoyclay1 98]

All that happened was that you didn't sign the copy,so just sign it and send it.

Edited March 9, 2012 by kcoyclay1