K1 AOS-I think we made a mistake.

[rjtaylor12 2]

I think we may have waited too long to arrange to have my wifes I-693 filled out by a civil surgeon. Her visa expires on 2-19-2014 all of our forms are together but it is my understanding that we cant submit the I-485 AOS packet without a completed I-693. Is the first NOA after submission of the I-485 like an extension of her visa? Is there time enough if I get her into a civil surgeon so that she doesn't have to leave? Any input would be appreciated. Thanks much.

[van1234essa 11]

I think we may have waited too long to arrange to have my wifes I-693 filled out by a civil surgeon. Her visa expires on 2-19-2014 all of our forms are together but it is my understanding that we cant submit the I-485 AOS packet without a completed I-693. Is the first NOA after submission of the I-485 like an extension of her visa? Is there time enough if I get her into a civil surgeon so that she doesn't have to leave? Any input would be appreciated. Thanks much.

The visa expiration date is irrelevant as long as you married within the 90 days. There's no set time frame to file AOS. Even tho it's suggested to start the process asap there are people that don't file for it until 1-2 years after the wedding. Don't worry, as long as you got married within the 90 days she doesn't have to leave. As far as I know, You also don't have to do a whole new medical as long as her k1 medical in her home country wasn't longer than 1 year ago. If that's the case all you gotta submit is a completed vaccination supplement form. Didn't need it so I don't know the exact name for it.

Good luck tho!

Edited January 11, 2014 by van1234essa

[rjtaylor12 2]

The visa expiration date is irrelevant as long as you married within the 90 days. There's no set time frame to file AOS. Even tho it's suggested to start the process asap there are people that don't file for it until 1-2 years after the wedding. Don't worry, as long as you got married within the 90 days she doesn't have to leave. As far as I know, You also don't have to do a whole new medical as long as her k1 medical in her home country wasn't longer than 1 year ago. If that's the case all you gotta submit is a completed vaccination supplement form. Didn't need it so I don't know the exact name for it.

Good luck tho!

Thank you for the info...thats a relief! So ...if we get an RFE because I don't send in the I-693 with the I-485 packet it really doesn't matter , only in that it would make the process take longer. Right?

[C-ma'am 684]

**Moved to AOS from family visas

[Tahoma 2,291]

So ...if we get an RFE because I don't send in the I-693 with the I-485 packet it really doesn't matter , only in that it would make the process take longer. Right?

Yes, that's right. However, if you included her DS-3025 vaccination report along with her AOS packet, it's very unlikely that you will get an RFE for not including an I-693.

By the way, her visa expired the day she entered the U.S. It's the I-94 that gives her 90 days in the country. Once the I-94 expires, the AOS NOA is what prevents overstay from accumulating.

[van1234essa 11]

Thank you for the info...thats a relief! So ...if we get an RFE because I don't send in the I-693 with the I-485 packet it really doesn't matter , only in that it would make the process take longer. Right?

Here you have the info from an official site..

http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf

Pay attention to section III number 3.. I highly doubt you would get an RFE. Just don't wait over a year from her overseas medical and you're good.

[rjtaylor12 2]

Thank you all so much! VJ has the greatest people!!!

[Hank_ 9,173]

I think we may have waited too long to arrange to have my wifes I-693 filled out by a civil surgeon. Her visa expires on 2-19-2014 all of our forms are together but it is my understanding that we cant submit the I-485 AOS packet without a completed I-693. Is the first NOA after submission of the I-485 like an extension of her visa? Is there time enough if I get her into a civil surgeon so that she doesn't have to leave? Any input would be appreciated. Thanks much.

The visa actually expired the moment she cleared POE. As long as you were married within the 90 days there are no issues.

If you go by the instructions for the I-485 you only need to include a copy of the DS-3025 vaccination record. Many adjudicators seem to not know this and look for the I-693, I suggest you attach a copy of page 4 and highlight item 7 (c ) of the instructions page with the copy of the SD-3025, this has worked for others... worse case you will get a RFE for the I-693 (but I doubt it)

[slowlyman 118]

The I-94 is her immigration status until it expires. After that she starts to accumulate overstay, so best to file AOS as soon as you can. The submitted 485 gives her status once submitted. We submitted the immunization record but not the 693,

[rjtaylor12 2]

The visa actually expired the moment she cleared POE. As long as you were married within the 90 days there are no issues.

If you go by the instructions for the I-485 you only need to include a copy of the DS-3025 vaccination record. Many adjudicators seem to not know this and look for the I-693, I suggest you attach a copy of page 4 and highlight item 7 (c ) of the instructions page with the copy of the SD-3025, this has worked for others... worse case you will get a RFE for the I-693 (but I doubt it)

TY Hank ....btw your web page was a great help and got Sheryl here much more quickly. Thank you very much for all you do!

[Hank_ 9,173]

Glad it helped.

[FherJess 15]

Yes, that's right. However, if you included her DS-3025 vaccination report along with her AOS packet, it's very unlikely that you will get an RFE for not including an I-693.

By the way, her visa expired the day she entered the U.S. It's the I-94 that gives her 90 days in the country. Once the I-94 expires, the AOS NOA is what prevents overstay from accumulating.

If there are about 2 weeks left on the I-94 when the AOS package is sent out, is my fiance in danger of overstaying?

I know there is no way of determining when he'd get the NOA once the AOS package is sent out.

Is it ok and safe not to worry once the AOS paperwork is sent out even if the I-94 day passes?

Anyone know?

Thanks

[KayDeeCee 4,892]

If there are about 2 weeks left on the I-94 when the AOS package is sent out, is my fiance in danger of overstaying?

I know there is no way of determining when he'd get the NOA once the AOS package is sent out.

Is it ok and safe not to worry once the AOS paperwork is sent out even if the I-94 day passes?

Anyone know?

Thanks

No. He will be in a new period of authorized stay when the AOS is filed. No worries. He can use the I-485 receipt notice to prove he is legally in the US, if he should ever need to.