AOS AUGUST 2018 FILERS FROM K-1 [merged threads]

[JMK_IT 134]

1 hour ago, D&Jmora said:

My husband does not have a complete ds-3025 and needs a vaccine to have those records up to date, but the civil surgeons in my area insist on doing the complete medical (even though it's not necesarry). We won't have insurance until Sept so getting the extra tests will be a fortune. In the other thread I was advised to send the AOS packet without I-693 to begin the process and will receive a reminder with NOA 1 to bring updated records to the interview. Anyone know anything about this?

I was in your husband's same identical situation: I did my medical in March, the day before the K1 interview, but my DS-3025 was incomplete because I only had one MMR vaccination listed. 

 

I did the second vaccination at a Wallgreens for $99. My medical insurance fully covers all vaccinations, but the earliest appointment through an in-network provider would have been in September, and I wanted to file for AOS as soon as possible, so in the end I chose to pay out of my pocket. 
After I got the vaccination I got in touch with more than 30 civil surgeons (not exaggerating), and not a single one of them was willing to just follow the USCIS instructions, which clearly state that K-1 applicants who had their medical overseas DO NOT need to do the full medical examination again if they are filing I-485 within one year.

 

I only needed the CS to file part 4, 6 and 9 of Form I-693 to state that I completed all the vaccinations required and I was asked up to $400 to do the same exam that I did 4 months ago. Unreal. 

 

In the end I was able to find a medical facility where employees were a little more knowledgeable about the immigration processes and they did the transcript for $150. 

It is still a whole lot of money, plus the $99 for the vaccination, for a total of $250 which is a higher price than the full medical I did back in Italy. 

 

Keep calling CS until you find one who is fully updated about all USCIS requirements. Bring up what's stated in the instructions, and eventually you'll find one who's willing to comply with them. Hopefully you'll be luckier than I was, and you'll be able to obtain a transcript for a cheap price. I see many applicants who were lucky to find a CS who just asked $30/$50 for it. 
 

If you send your AOS packet after the expiration of your I-94, it won't really be a problem. Mine expired at the beginning of July and I filed on July 29. I received my NOA1 yesterday. It is always better to file asap to avoid being out of status, but if it's just a matter of a few weeks that you will use to complete the medical requirements it will not really be a huge deal.  

 

[D&Jmora 18]

@ababsurd what a racket! These CS have a lot of nerve! I'm glad you were able to figure it out without spending TOO much money. The last thing you need on top of the stress of this process is to break the bank doing so! Thank you SO much for this info and good luck with the rest of your process!

[JMK_IT 134]

1 hour ago, Trinab80 said:

After his expiration date and with no AOS pending, he will start to accrue out of status time which counts later if he chooses to become a US Citizen in 3 years.

I've never heard anything like that before. How could it affect the N-400 application if the one condition of the K-1 Visa (marriage with the USC petitioner within 90 days) was respected? Could you point out an official source that states it?

[JayMar2019 2,741]

7 minutes ago, ababsurd said:

I've never heard anything like that before. How could it affect the N-400 application if the one condition of the K-1 Visa (marriage with the USC petitioner within 90 days) was respected? Could you point out an official source that states it?

Anytime you are "out of status" you start to accrue out of status time. One of the requirements in order to Naturalized is you have to maintain "continuous residence" and "physical residence" in the US more than 180 per year (i.e. 6 months). When you apply to Naturalize, USCIS will take account of all your time in the US to make sure you have been a permanent residence in the US and have "continuous" residence in the US.

 

It's in the Naturalization instructions or pamphlet on their website.

 

https://www.uscis.gov/n-400

 

click on the link this too: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

Edited August 8, 2018 by Trinab80

[JayMar2019 2,741]

That is why our foreign spouses will be able to apply for the US citizenship (naturalization) by the 3rd year of being a permanent resident. Depending on the backlog, many people file the "removing conditions" from their 2 year GC at the same time as the applying for naturalization because depending on your time in the country, each process takes months (if not a year) to get.

[JMK_IT 134]

11 minutes ago, Trinab80 said:

Anytime you are "out of status" you start to accrue out of status time. One of the requirements in order to Naturalized is you have to maintain "continuous residence" and "physical residence" in the US more than 180 per year (i.e. 6 months). When you apply to Naturalize, USCIS will take account of all your time in the US to make sure you have been a permanent residence in the US and have "continuous" residence in the US.

 

It's in the Naturalization instructions or pamphlet on their website.

 

https://www.uscis.gov/n-400

 

click on the link this too: https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/continuous-residence-and-physical-presence-requirements-naturalization

 

Sec. 319. [8 U.S.C. 1430] 

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

 

The "continuous residence" condition only starts when you qualify as a LPR, so after obtaining the Green Card. I doubt it has anything to do with the gap between your K-1 I-94 expiration and the AOS filing. 

Edited August 8, 2018 by ababsurd

[JayMar2019 2,741]

12 minutes ago, ababsurd said:

I've never heard anything like that before. How could it affect the N-400 application if the one condition of the K-1 Visa (marriage with the USC petitioner within 90 days) was respected? Could you point out an official source that states it?

On the k1, you don't become considered "out of status" until your I-94 expires (provided you married before your 90 days of being in the US). Once you enter the US using the K1, the K1 is "null and void" and the I-94 takes the place to show your current status in the US. After you marry, you then file for the AOS. Some people don't file right away or even file after their I-94 expires, which is fine, but after that expiration date, the foreign spouse starts to accrue "out of status" time. However, once your file your AOS, you are still in good status even after your I-94 expires, for as long as your AOS is pending until you are approved for your GC.

[JayMar2019 2,741]

Just now, ababsurd said:

Sec. 319. [8 U.S.C. 1430] 

(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

 

The "continuous residence" condition only starts when you qualify as a LPR, so after obtaining the Green Card. I doubt it has anything to do with the gap between your K-1 expiration and the AOS filing. 

See comment above yours in regards to gap between K1 and AOS filing. After I-94 expires, if the AOS is not file prior to this expiration, the foreign spouses starts to accrue "out of status" time. K1 is no longer valid once the beneficiary comes into the US...the I-94 takes the place until that expires.

[JMK_IT 134]

Just now, Trinab80 said:

See comment above yours in regards to gap between K1 and AOS filing. After I-94 expires, if the AOS is not file prior to this expiration, the foreign spouses starts to accrue "out of status" time. K1 is no longer valid once the beneficiary comes into the US...the I-94 takes the place until that expires.

Yes, but it has no consequence on the N-400 filing as you previously stated

[JayMar2019 2,741]

Just now, ababsurd said:

Yes, but it has no consequence on the N-400 filing as you previously stated

Never said "consequence". But the clock starts and adds up when if a foreign person is considered out of status for long periods of time.

[JMK_IT 134]

14 minutes ago, Trinab80 said:

Never said "consequence". But the clock starts and adds up when if a foreign person is considered out of status for long periods of time.

You said "After his expiration date and with no AOS pending, he will start to accrue out of status time which counts later if he chooses to become a US Citizen in 3 years.".

But according to the information on the USCIS website that you shared, there is no mention to that. The continuous residence status will begin after obtaining the Green Card.

If a K-1 applicant files for AoS after the I-94 expiration it's not ideal, because he/she will start accruing unauthorized stay days which will stop once the AoS petition is accepted, but those days will not count later during the N-400 application (unless they wait months, or years!). Many applicants are not able to file for AoS before the I-94 expiration but have no problems when they later proceed to naturalization if they maintained LPR status for 3 years. 

 

I was able to file only 20 days after the expiration of my I-94 because I was waiting for my appointment with the CS.

I hope you understand I brought this up just because I wanted to make sure I understood the requirements correctly myself. Thank you for sharing those links.

 

Edited August 8, 2018 by ababsurd

[DownToEarth 27]

8 minutes ago, Trinab80 said:

Never said "consequence". But the clock starts and adds up when if a foreign person is considered out of status for long periods of time.

I would spend the money and do it right. Do the vaccines and submit the paperwork before the I-94 expires. Here's why:

Filling 'out of status' was ignored before, but we've all seen the new changes that USCIS is going through. The future implications are unknown.

Come September, USCIS will no longer send RFE's. They can just reject you. Do you really want to risk it? $1225 vs the money for the vaccines?

The proof of I-693 or the DS-3025 is part of the documents required for filling for an adjustment of status, not for the interview for the green card.

Do it on time and do it right. Or else you risk the future of your married life in US.

Just my two cents.

[JMK_IT 134]

15 minutes ago, DownToEarth said:

I would spend the money and do it right. Do the vaccines and submit the paperwork before the I-94 expires. Here's why:

Filling 'out of status' was ignored before, but we've all seen the new changes that USCIS is going through. The future implications are unknown.

Come September, USCIS will no longer send RFE's. They can just reject you. Do you really want to risk it? $1225 vs the money for the vaccines?

The proof of I-693 or the DS-3025 is part of the documents required for filling for an adjustment of status, not for the interview for the green card.

Do it on time and do it right. Or else you risk the future of your married life in US.

Just my two cents.

I agree, it's better to send the sealed I-693 in the AOS application IF the DS3025 is incomplete.

Edited August 8, 2018 by ababsurd

[jean baptiste 337]

20 minutes ago, ababsurd said:

I agree, it's better to send the sealed I-693 in the AOS application IF the DS3025 is incomplete.

it's definetly the best option

 

[jean baptiste 337]

1 hour ago, ababsurd said:

I was in your husband's same identical situation: I did my medical in March, the day before the K1 interview, but my DS-3025 was incomplete because I only had one MMR vaccination listed. 

 

I did the second vaccination at a Wallgreens for $99. My medical insurance fully covers all vaccinations, but the earliest appointment through an in-network provider would have been in September, and I wanted to file for AOS as soon as possible, so in the end I chose to pay out of my pocket. 
After I got the vaccination I got in touch with more than 30 civil surgeons (not exaggerating), and not a single one of them was willing to just follow the USCIS instructions, which clearly state that K-1 applicants who had their medical overseas DO NOT need to do the full medical examination again if they are filing I-485 within one year.

 

I only needed the CS to file part 4, 6 and 9 of Form I-693 to state that I completed all the vaccinations required and I was asked up to $400 to do the same exam that I did 4 months ago. Unreal. 

 

In the end I was able to find a medical facility where employees were a little more knowledgeable about the immigration processes and they did the transcript for $150. 

It is still a whole lot of money, plus the $99 for the vaccination, for a total of $250 which is a higher price than the full medical I did back in Italy. 

 

Keep calling CS until you find one who is fully updated about all USCIS requirements. Bring up what's stated in the instructions, and eventually you'll find one who's willing to comply with them. Hopefully you'll be luckier than I was, and you'll be able to obtain a transcript for a cheap price. I see many applicants who were lucky to find a CS who just asked $30/$50 for it. 
 

If you send your AOS packet after the expiration of your I-94, it won't really be a problem. Mine expired at the beginning of July and I filed on July 29. I received my NOA1 yesterday. It is always better to file asap to avoid being out of status, but if it's just a matter of a few weeks that you will use to complete the medical requirements it will not really be a huge deal.  

 

wallgreens was my principal headeache the don't contract with my insurance and i didn't know before so i spend days with them