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Sav&Har

Few questions before AOS

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I'll go ahead and ask a few, maybe unrelated, questions in this thread to keep it simple. We just recently got married (Oct 15th) and due some financial reasons we're not filing for AOS until mid-Jan 2019. That is about 3 weeks after the visa stay/i-94 expiration (Dec 19th). We are already discussed and are aware of the possible risks for AOS late filling.

 

1) I want to know if because of that late filling (after the 90 days/expired i94) we would need to file the Form i-130 and its fee, along with the AOS application?

 

2) Unrelated, I didn't take the vaccinations at the time of my medical exam overseas. Assuming I find an authorized civil surgeon by USCIS that fills Parts 1, 2, 3, 4, 6, and 9 of Form I-693 and do the vaccinations only. Is that all I need to send with the AOS? or do I need to do the medical exam entirely again? because of the new policy. 

 

3) Unrelated, for the one of the evidence of the i-864 Affidavit of Support. Is the last 3 years of qualifying-income tax return or just the last 1-year of qualifying-income tax return that I needed?

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1) No, since you married within 90 days.

2) Generally just the vaccinations are necessary so long as the medical is still valid. That said, the new 60 days policy is too new for know how they will handle that at in K-1 cases...the memo does not specify changes explicitly in this area.

3) You must report your income from your taxes for the past 3 years. You must provide at least the most recent year's tax return copy (transcript is simplest). You can optionally provide the other 2 years of transcripts, but they are not required.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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3 hours ago, geowrian said:

1) No, since you married within 90 days.

2) Generally just the vaccinations are necessary so long as the medical is still valid. That said, the new 60 days policy is too new for know how they will handle that at in K-1 cases...the memo does not specify changes explicitly in this area.

3) You must report your income from your taxes for the past 3 years. You must provide at least the most recent year's tax return copy (transcript is simplest). You can optionally provide the other 2 years of transcripts, but they are not required.

2) the policy manual has not changed in regards to K1s. If you read through Volume 8, Chapter 3, B. 4. you will see that.

As long as the overseas medical was obtained within one year of your AOS application, all you will have to complete are the vaccines in your case. In saying that, it may be difficult to find a CS that will only transcribe your newly obtained vaccinations without forcing you to redo the medical exam and tests. They can make you do whatever they please and charge you accordingly. You may have to shop around from the list of USCIS approved CS's.

Edited by K1visaHopeful

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5 hours ago, K1visaHopeful said:

2) the policy manual has not changed in regards to K1s. If you read through Volume 8, Chapter 3, B. 4. you will see that.

As long as the overseas medical was obtained within one year of your AOS application, all you will have to complete are the vaccines in your case. In saying that, it may be difficult to find a CS that will only transcribe your newly obtained vaccinations without forcing you to redo the medical exam and tests. They can make you do whatever they please and charge you accordingly. You may have to shop around from the list of USCIS approved CS's.

The posted policy manual usually takes time to update. The referenced memo was released this month and goes into effect on Nov. 1st.

https://www.uscis.gov/news/alerts/uscis-policy-manual-update

 

Edit: An interesting chart somebody was able to pull from the site:

Form I-693 Submitted to USCIS On or After November 1, 2018

When did civil surgeon sign?

I-693 retains evidentiary value through

No more than 60 days before applicant filed underlying benefit application with USCIS

2 years from date civil surgeon signed I-693

After applicant filed benefit application with USCIS

2 years from date civil surgeon signed I-693

More than 60 days before applicant filed benefit application with USCIS

N/A – I-693 not valid at time applicant submits I-693 to USCIS

 

Form I-693 Submitted to USCIS Before November 1, 2018

When did civil

surgeon sign?

When was underlying benefit application filed with USCIS?

I-693 retains evidentiary

value through

No more than 1 year before I-693 submitted to USCIS

More than 60 days after civil surgeon signed the I-693

1 year from date applicant submitted I-693 to USCIS

No more than 60 days before underlying benefit application filed with USCIS

No more than 60 days after civil surgeon signed the I-693

2 years from date civil surgeon signed I-693

After the benefit application was filed with USCIS

Before the civil surgeon signed the I-693

2 years from date civil surgeon signed I-693

More than 1 year before I-693 submitted to USCIS

N/A – I-693 not valid at time applicant submits I-693 to USCIS

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 hours ago, geowrian said:

The posted policy manual usually takes time to update. The referenced memo was released this month and goes into effect on Nov. 1st.

https://www.uscis.gov/news/alerts/uscis-policy-manual-update

 

Edit: An interesting chart somebody was able to pull from the site:

Form I-693 Submitted to USCIS On or After November 1, 2018

When did civil surgeon sign?

I-693 retains evidentiary value through

No more than 60 days before applicant filed underlying benefit application with USCIS

2 years from date civil surgeon signed I-693

After applicant filed benefit application with USCIS

2 years from date civil surgeon signed I-693

More than 60 days before applicant filed benefit application with USCIS

N/A – I-693 not valid at time applicant submits I-693 to USCIS

 

Form I-693 Submitted to USCIS Before November 1, 2018

When did civil

surgeon sign?

When was underlying benefit application filed with USCIS?

I-693 retains evidentiary

value through

No more than 1 year before I-693 submitted to USCIS

More than 60 days after civil surgeon signed the I-693

1 year from date applicant submitted I-693 to USCIS

No more than 60 days before underlying benefit application filed with USCIS

No more than 60 days after civil surgeon signed the I-693

2 years from date civil surgeon signed I-693

After the benefit application was filed with USCIS

Before the civil surgeon signed the I-693

2 years from date civil surgeon signed I-693

More than 1 year before I-693 submitted to USCIS

N/A – I-693 not valid at time applicant submits I-693 to USCIS

The info from the memo has already been updated IN the policy manual. You have actually cut and paste it above. The volume regarding K1s is unchanged. I posted that above.

 

If they were going to make changes to how it affects K1s they surely would have already. OR make mention in the memo that it WOULD affect special Visa classes even if they didnt say how in the memo.

 

Edited by K1visaHopeful

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Thank you both of you for the info! Really helpful!

 

@K1visaHopeful, I figured that would be the case and most likely they would ask me to do the medical entirely again. I have 5 options on my area. I am gonna call and see if they do.

 

So just to be sure @geowrian. The qualifying income and tax filling must be for the last 3 years. But for the i864 purposes you only need to submit 1-year of tax transcript?

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1 hour ago, Sav&Har said:

So just to be sure @geowrian. The qualifying income and tax filling must be for the last 3 years. But for the i864 purposes you only need to submit 1-year of tax transcript?

Yes, you need to provide the income as stated on your taxes for the last 3 years.

Only the most recent year's tax return copy is required. The other 2 years are optional.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 10/25/2018 at 3:36 AM, K1visaHopeful said:

2) the policy manual has not changed in regards to K1s. If you read through Volume 8, Chapter 3, B. 4. you will see that.

As long as the overseas medical was obtained within one year of your AOS application, all you will have to complete are the vaccines in your case. In saying that, it may be difficult to find a CS that will only transcribe your newly obtained vaccinations without forcing you to redo the medical exam and tests. They can make you do whatever they please and charge you accordingly. You may have to shop around from the list of USCIS approved CS's.

So there is no need to fill I-130 ? The lady who helped my husband to fill petition for k1 visa told us that we need to fill form I-130 

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2 minutes ago, Ani2 said:

So there is no need to fill I-130 ? The lady who helped my husband to fill petition for k1 visa told us that we need to fill form I-130 

If you married within the 90 days from entry on a K-1, then no I-130 is needed.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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30 minutes ago, geowrian said:

If you married within the 90 days from entry on a K-1, then no I-130 is needed.

Thank you !

Do i need to have another medical here in US ? I have my medical from my country , but she told me that i have go for another medical here before applying for AOS

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6 minutes ago, Ani2 said:

Do i need to have another medical here in US ? I have my medical from my country , but she told me that i have go for another medical here before applying for AOS

Until there is a firm idea of how the new rule impacts things (or not), I would continue under the current rule for K-1. That means if your medical is under 1 year old at the time you file, no new medical is required.

The IO can still request a new one prior to approval, but it is not explicitly required.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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On 10/25/2018 at 5:38 PM, geowrian said:

Yes, you need to provide the income as stated on your taxes for the last 3 years.

Only the most recent year's tax return copy is required. The other 2 years are optional.

A little late. But thank you for your help!

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