need some help wth some question on I-485 (K-1) [merged threads]

[Doggy_11 2]

We are going to get married (file for marriage license), but before we do, do we have to apply for I-94(SSN) ?

  

On 3/1/2023 at 3:16 AM, Mike E said:

But don’t get married until the SSN has been applied for. Apply for an SSN two working days after point of entry and when the I-94 is available. 

 

I read here that I-94 is no longer necessary? https://www.cbp.gov/travel/international-visitors/i-94

 

 

I am following the instruction at https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

 

 and it says:

 

1. arrive in USA

2. get married

3. apply for green card(AOS) by filing form I-485

 

it says nothing about I-94?

[Mike E 11,727]

8 minutes ago, Doggy_11 said:

We are going to get married (file for marriage license), but before we do, do we have to apply for I-94(SSN) ?

  

 

I read here that I-94 is no longer necessary? https://www.cbp.gov/travel/international-visitors/i-94

 

 

I am following the instruction at https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-fiancee-of-us-citizen

 

 and it says:

 

1. arrive in USA

2. get married

3. apply for green card(AOS) by filing form I-485

 

it says nothing about I-94?

Do you an SSN now or wait years later when EAD or green card is approved?

 

I will assume the answer is you want one now.

 

If you it now, go to SSA and get one. Before you marry.

 

As for I-94s not being necessary that is disinformation.

 

Every alien except for LPRs gets an I-94. See https://i94.cbp.dhs.gov/I94/#/home

 

Go there. Print the I-94. Go to SSA with passport and I-94 and apply for an SSN. After that get married before the authorized stay indicated by the I-94 expires

 

Most K-1s on visa journey got SSNs as I have described. Including my wife.

 

 

[Chancy 6,233]

1 hour ago, Doggy_11 said:

I read here that I-94 is no longer necessary? https://www.cbp.gov/travel/international-visitors/i-94

 

It doesn't say that I-94 is no longer necessary.  It says I-94 is no longer paper-filed, because it is now online.  Still very much necessary.  Your soon-to-be spouse will not be able to adjust status without an I-94 record.  Review the I-485 instructions here -- https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

 

[Doggy_11 2]

On 4/19/2023 at 9:20 AM, Mike E said:

Do you an SSN now or wait years later when EAD or green card is approved?

 

I will assume the answer is you want one now.

 

If you it now, go to SSA and get one. Before you marry.

 

As for I-94s not being necessary that is disinformation.

 

Every alien except for LPRs gets an I-94. See https://i94.cbp.dhs.gov/I94/#/home

 

Go there. Print the I-94. Go to SSA with passport and I-94 and apply for an SSN. After that get married before the authorized stay indicated by the I-94 expires

 

Most K-1s on visa journey got SSNs as I have described. Including my wife.

 

 

 

23 hours ago, Chancy said:

 

It doesn't say that I-94 is no longer necessary.  It says I-94 is no longer paper-filed, because it is now online.  Still very much necessary.  Your soon-to-be spouse will not be able to adjust status without an I-94 record.  Review the I-485 instructions here -- https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf

 

 

 

OK I see what happened, I didn't know that foreigners who entered the US were issued an I-94, when me and me fiancé arrived at the airport, the immigration people pulled us aside, took our k-1 visa packet that given by embassy after visa approval and I assumed were going to interview her. After waiting in the waiting area they simply said we could leave, no interview, so we left and thought we could get married next week and apply for AOS afterwards.

 

Looks like the immigration people had issued us an electronic I-94 but didn't bother to tell us or explain that it would be needed in the future. I went to https://i94.cbp.dhs.gov/I94/#/history-search entered by fiancés details and was able to print the I-94

 

 

 

so my next step is to apply for SSA, I will do that now

 

 

 

 

 

 

[Doggy_11 2]

I am the US citizen and my wife is the one applying for AOS

 

My wife is principle applicant, do I have to put myself as the derivative applicant?

 

 

 

 

Im supposed to put "no" ?

 

Im genuinely not sure what to select here:

 

 

[SteveInBostonI130 3,328]

1. No.  Derivative would be her child who entered on a K2, for example.

 

2. Correct

 

3. Not sure

[Allaboutwaiting 2,500]

3.

"To qualify for this provision, you must be the beneficiary of a labor certification application (Form ETA 750) or immigrant visa petition (Forms I-130, Petition for Alien Relative, or I-140, Immigrant Petition for Alien Worker) filed on or before April 30, 2001."

 

So, NO.

[Doggy_11 2]

My Fiance arrived with a K-1 visa, the VISA in on her passport.

 

Is "Travel Document" number needed? I dont want to put both as question 20 asking about expiration will not know if im talking about the expiration of the passport or travel document, which are different

 

 

 

Can I just put Fiance for 25a   26b and 27 ? It will not allow me to put K1 as numbers are not allowed to be entered

 

 

Edited May 5, 2023 by Doggy_11

[K1visaHopeful 2,691]

34 minutes ago, Doggy_11 said:

My Fiance arrived with a K-1 visa, the VISA in on her passport.

 

Is "Travel Document" number needed?

 

No. EITHER passport OR travel document. Never both.

You can only be admitted to US with one or the other.

A K1 has a passport.

 

I dont want to put both as question 20 asking about expiration will not know if im talking about the expiration of the passport or travel document, which are different

 

 

 

Can I just put Fiance for 25a

 

K1 VISA Holder.

Use PDF Fill & Sign or handwrite. 

34 minutes ago, Doggy_11 said:

  26b and 27 ? It will not allow me to put K1 as numbers are not allowed to be entered

 

 

27 is what your I94 says.

Use PDF Fill & Sign or handwrite. 

[Doggy_11 2]

As stated below, we need to submit Form I-693:

 

• Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).

 

 

My Fiance took the medical exam in her country prior to the K-1 interview at the consulate. She was instructed not to open the medical report and hand it directly to the consulate staff when she went in for her interview. I assuming her medical report was fine as they never mentioned anything about it and she was approved. A week later when we picked up the passport with K-1 visa, they gave a package that was not to be opened by us and we were to give it directly to the US customer and border protection agents. When we came to the US, the US customer and border protection agents, took us to a waiting room for an interview and took the packet, however  they told us there is no interview and told us we could leave. We did not think anything of it and went home.

 

Were we supposed to get a copy of the medical report or something?

 

My fiance already did the medical exam for the consulate, it is only 2 months old. We never got a copy of it. My finace also does not have any vaccination records besides her Covid vaccine certificate. 

 

 

[Boiler 43,733]

Ask her if the medical was complete.

[Doggy_11 2]

1 minute ago, Boiler said:

Ask her if the medical was complete.

complete as in included the vaccine record?

 

She doesn't know, she went in, the doctors did the exam and said to pick the result next week, when she picked them up it was in an envelope that was not to be opened and handed to the consulate at the interview

[Allaboutwaiting 2,500]

She should have been given the DS-3025 which you MUST include in your packet when filing for AOS.

[Doggy_11 2]

2 minutes ago, Allaboutwaiting said:

She should have been given the DS-3025 which you MUST include in your packet when filing for AOS.

she should have been given it when? by border and custom agents when entering the US? or the doctor

Edited May 6, 2023 by Doggy_11

[EatBulaga 254]

15 minutes ago, Doggy_11 said:

As stated below, we need to submit Form I-693:

 

• Form I-693, Report of Medical Examination and Vaccination Record. Not all fiances need to have this done, since you already had a medical exam in order to qualify for your K-1 visa. But if the one done for the consulate is over a year old, or it revealed a Class A medical condition for which you didn't get a waiver, you'll need to go to a U.S. civil surgeon for a new exam. And even if your exam is still good, you may need to visit a civil surgeon if the overseas doctor didn't include a complete vaccination record (DS-3025).

 

 

My Fiance took the medical exam in her country prior to the K-1 interview at the consulate. She was instructed not to open the medical report and hand it directly to the consulate staff when she went in for her interview. I assuming her medical report was fine as they never mentioned anything about it and she was approved. A week later when we picked up the passport with K-1 visa, they gave a package that was not to be opened by us and we were to give it directly to the US customer and border protection agents. When we came to the US, the US customer and border protection agents, took us to a waiting room for an interview and took the packet, however  they told us there is no interview and told us we could leave. We did not think anything of it and went home.

 

Were we supposed to get a copy of the medical report or something?

 

My fiance already did the medical exam for the consulate, it is only 2 months old. We never got a copy of it. My finace also does not have any vaccination records besides her Covid vaccine certificate. 

Is this an official RFE? Or just a courtesy notice?

If it is an RFE, then you must get the I-693, or you risk abandoning the AOS.

If it is just a courtesy notice, then you can wait and see if it turns into an RFE, or you go ahead and get the I-693 medical which overrides the DS-3025. 

 

15 minutes ago, Doggy_11 said:

Were we supposed to get a copy of the medical report or something?

We got a copy of the DS-3025 from the overseas doctor. 

You having a copy of the DS-3025 is irrelevant to how USCIS approve the medical.

https://www.visajourney.com/forums/topic/799273-k1-aos-have-ds-3025-and-received-rfe-for-i-693-medical-documentation/?do=findComment&comment=10833637

USCIS still reserves the right to request the I-693 medical regardless of DS-3025.

Edited May 6, 2023 by EatBulaga