I-130 and I-485

[Matheus 2]

Good morning,

 

I'm currently working on the paperwork to file for adjustment of status, I came to the US on a K1 visa and married last week, I'm following the guide for adjustment of status on VisaJourney, I'm wondering, what's the difference between the I-130 and I-485, I was originally filling the I-485, which is ready by the way, do I need to file I-130 and I-485?

 

This is what I was going to file:

I-485

I-765

G-1145

 

Also, about the medical exam, I have completed mine in Brazil on August 2nd, as long as I file the I-485 within 1 year of that medical exam it should be good until the interview date, right?

[Crazy Cat 39,220]

You need to file the I-131 also.......It is free....Many have failed to file it, and later regretted their failure to file it.

[payxibka 10,044]

4 minutes ago, Matheus said:

Good morning,

 

I'm currently working on the paperwork to file for adjustment of status, I came to the US on a K1 visa and married last week, I'm following the guide for adjustment of status on VisaJourney, I'm wondering, what's the difference between the I-130 and I-485, I was originally filling the I-485, which is ready by the way, do I need to file I-130 and I-485?

 

This is what I was going to file:

I-485

I-765

G-1145

 

Also, about the medical exam, I have completed mine in Brazil on August 2nd, as long as I file the I-485 within 1 year of that medical exam it should be good until the interview date, right?

I 130 not required.   Consider the i131 in addition to the i765

[USS_Voyager 1,971]

1 minute ago, Matheus said:

Also, about the medical exam, I have completed mine in Brazil on August 2nd, as long as I file the I-485 within 1 year of that medical exam it should be good until the interview date, right?

Yes.

 

2 minutes ago, Matheus said:

do I need to file I-130 and I-485?

No, just the I-485. Don't worry about the I-130, it is not applicable in your case. 

 

2 minutes ago, Matheus said:

This is what I was going to file:

I-485

I-765

G-1145

I would also throw in form I-131 Advanced Parole which is a travel document that allows you to leave and enter the US while your I-485 is pending (which can take more than 1 year). It is free as well like the I-765 when you file them together with the I-485. 

 

Make three separate packets, one for each form and each form should be accompanied by its own supporting documents. You can send them all together in one big package. 

[Matheus 2]

Thanks for the information, I have one more question, I have the DS-3025 which I got a copy after doing the medical exam, I found this under the Tips for Adjustment of Status on VisaJourney.

 

 If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.

 

So the DS-3025 I have won't be enough? I'll have to contact a Civil Surgeon and have him complete some portions of the I-693 and certify that I have taken all the vaccinations required?

[geowrian 22,335]

I-130 is only needed if you married after 90 days of entry on the K-1. If you married within the 90 days, then no I-130.

4 minutes ago, Matheus said:

Thanks for the information, I have one more question, I have the DS-3025 which I got a copy after doing the medical exam, I found this under the Tips for Adjustment of Status on VisaJourney.

 

 If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.

 

So the DS-3025 I have won't be enough? I'll have to contact a Civil Surgeon and have him complete some portions of the I-693 and certify that I have taken all the vaccinations required?

Is your DS-3025 marked complete?

[Matheus 2]

2 hours ago, geowrian said:

I-130 is only needed if you married after 90 days of entry on the K-1. If you married within the 90 days, then no I-130.

Is your DS-3025 marked complete?

Yes, it is complete, the checkbox for "K Visa applicant voluntarily completed vaccination requirements" is checked, also signed and stamped by the Panel Physician from Brazil.

[payxibka 10,044]

6 minutes ago, Matheus said:

Thanks for the information, I have one more question, I have the DS-3025 which I got a copy after doing the medical exam, I found this under the Tips for Adjustment of Status on VisaJourney.

 

 If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you.

 

So the DS-3025 I have won't be enough? I'll have to contact a Civil Surgeon and have him complete some portions of the I-693 and certify that I have taken all the vaccinations required?

Read the K Visa specific instructions for the I693 form contained in the I693 instructions 

[Matheus 2]

This is what I found under the I-693 instructions, it only specifies that I'll need certain portions of the I-693 completed if the DS-3025 was not properly completed, which it has been, so I take I don't need to submit the I-693, only a photocopy of the DS-3025 which was given to me, is that correct?

 

[payxibka 10,044]

Just now, Matheus said:

This is what I found under the I-693 instructions, it only specifies that I'll need certain portions of the I-693 completed if the DS-3025 was not properly completed, which it has been, so I take I don't need to submit the I-693, only a photocopy of the DS-3025 which was given to me, is that correct?

 

Actually it requires the ds3025 to be marked complete AND included with the Visa medical.   Many people include a copy of the ds3025 as a safeguard 

[Matheus 2]

2 hours ago, payxibka said:

Actually it requires the ds3025 to be marked complete AND included with the Visa medical.   Many people include a copy of the ds3025 as a safeguard 

What do you mean included with the visa medical? I will include a copy of the DS-3025, but that's the only document I have, my only concern is: Do I need to complete any of the portions of the form I-693 or the completed DS-3025 will be enough?

[payxibka 10,044]

Just now, Matheus said:

What do you mean included with the visa medical? I will include a copy of the DS-3025, but that's the only document I have, my only concern is: Do I need to complete any of the portions of the form I-693 or the completed DS-3025 will be enough?

It means that the copy of the ds3025 needed to be included in the "do not open " envelope with the visa medical.   It most likely was.  You don't need to do anything in regards to the i693.

[geowrian 22,335]

28 minutes ago, Matheus said:

Yes, it is complete, the checkbox for "K Visa applicant voluntarily completed vaccination requirements" is checked, also signed and stamped by the Panel Physician from Brazil.

Assuming it was included with your do not open packet (it should have been), you should be all set and not need the I-693 at all.

 

See https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

Quote

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician. 

and

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

[Ed&Midori1031 330]

I-130 is not required.  Also, you only pay fees for I-485, not the I-765 or the I-131.  Smart that you're filing all together! 

[Matheus 2]

2 hours ago, geowrian said:

Assuming it was included with your do not open packet (it should have been), you should be all set and not need the I-693 at all.

 

See https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

and

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Thanks for the answers, that definitely made me understand how it works.

 

2 hours ago, Ed&Midori1031 said:

I-130 is not required.  Also, you only pay fees for I-485, not the I-765 or the I-131.  Smart that you're filing all together! 

Thanks!!

 

Quick question, can I file the I-131 form without a reason to leave? Right now I don't have any reason to leave the U.S but you never know when/if you'll need to.

 

They ask a departure date, what should I put on that field?