Few questions before AOS

[Sav&Har 142]

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?

[geowrian 22,335]

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.

[K1visaHopeful 2,662]

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 October 25, 2018 by K1visaHopeful

[geowrian 22,335]

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 October 25, 2018 by geowrian

[K1visaHopeful 2,662]

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 October 25, 2018 by K1visaHopeful

[Sav&Har 142]

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?

[geowrian 22,335]

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.

[Ani2 23]

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 

[geowrian 22,335]

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.

[Ani2 23]

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

[geowrian 22,335]

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.

[Sav&Har 142]

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!

[Vee_bay_bee 50]

On 10/25/2018 at 2:38 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.

Related question: I was a full time college student in 2015, no job. I didn't file taxes, however, I ordered a tax transcript which states that..... and in 2016 I graduated and began working (only 6 months of the year). Therefore, my income was NOT over the 125% for either of the two years. Is that an issue? Should I provide the tax transcripts ( I have all 3).