mtcmk1

Although there's AOS and ROC after this K1 process, I think the stress will be less because you will be together That's how I've managed my stress--I think that the 3-4 year process to citizenship (if he chooses to do it) will not be that stressful because we'll be together and spending the time together rather than miles apart as the K1...
To keep the stress down: check your email only once a week. I used to do it everyday for 2 months then, just decided to give up and wait for the snail mail... I didn't even know NOA2 was on its way until I received the notice by mail. It was a happy day and I was not stressed one bit while waiting another 2 months for it...

Although there's AOS and ROC after this K1 process, I think the stress will be less because you will be together That's how I've managed my stress--I think that the 3-4 year process to citizenship (if he chooses to do it) will not be that stressful because we'll be together and spending the time together rather than miles apart as the K1...
To keep the stress down: check your email only once a week. I used to do it everyday for 2 months then, just decided to give up and wait for the snail mail... I didn't even know NOA2 was on its way until I received the notice by mail. It was a happy day and I was not stressed one bit while waiting another 2 months for it...

To submit the 1-129F you need one original G-325A for the petitioner and one original G-325A for the beneficiary. This means that each of you respectively must sign your G-325A in ink and submit those original signed forms. I personally used blue ink just for the signature and date so that they could clearly see that it was not a photocopy, however the instructions do say to use black ink.

Thank you both so much! This was so helpful and preparing definitely helps with the waiting!

Engage Marry or end relationship?
I vote for ending the relationship at the moment.
Give it about a 2 to 3 year break.
Then, if he wants you in the USA, he'll show you a portfolio that will support :
1. the prior years income amounts and
2. current year income and
3. a ton of assets
as this stuff is important for immigrating into the USA.
It smells to me, like he was successful once, and has dropped out of that realm to pursue some other interest. IMO, you need to let him finish his pursuit, get it out of his system. If it's indeed, true love, then taking a break whilst he's remaking himself is a grand thing, and it's actually quite empowering (to him) for you to 'allow' him the time to do this.
That's my 2 cents, aye? With it, and half a roll of toilet paper, we can clean the world, together.

Congrats! I'm very happy for you!

Everything happens for a reason! Don't be discouraged if your journey is taking long...
Mine took 8 months and it was perfect for us! O's contract is ending in May, giving us plenty of time to plan his move to the US. While waiting there are many things you can do: search for possible jobs, search for schooling and licensing requirements, search for activities to do together, plan the wedding details (do not book anything), grow your relationship and continue on loving each other! Good luck in your journey!

Everything happens for a reason! Don't be discouraged if your journey is taking long...
Mine took 8 months and it was perfect for us! O's contract is ending in May, giving us plenty of time to plan his move to the US. While waiting there are many things you can do: search for possible jobs, search for schooling and licensing requirements, search for activities to do together, plan the wedding details (do not book anything), grow your relationship and continue on loving each other! Good luck in your journey!

The first links you were given are not totally useful because they were from 2006. The medical form I-693 has gone through several revisions. Shots have changed. Dr. Arnold got busted and retired. This is my long version. I hope it helps.
Do I need a medical exam?


What if I am a K nonimmigrant visa holder and already had a medical exam overseas?
If you were admitted as a:
A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or as a
B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and
C. You received a medical examination prior to admission, then:
1. You are not required to have another medical examination as long as your Form I-485, Application to Register Permanent Residence or Adjust Status, is filed within one year of your overseas medical examination, and the medical examination did not reveal a Class A medical condition, or if you did have a Class A medical condition, you received a waiver of inadmissibility and have complied with the terms and conditions on the waiver. 
From the I-693 instructions page 4, Section III. 2, c, 2


Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit the vaccination record and page 1 of Form I-693.
Do you need an I-693 immunization sheet? Is mine filled out properly?
Look at your DS-3025. If it has the ALL of the following items, you don't need an I-693 (Adults 19-49 yrs old). 
1. Shots marked with a date (at least one of a series) 
•MMR 
•Td or Tdap or DT or DTP or DtaP (One no longer than 10 years ago, ie.have a booster)
•Varicella or VH written by it if you had chickenpox
•Influenza **see note below because you are most likely okay without it.
2. Everything else marked not age appropriate, insufficient time interval, not flu season...things that allow a waiver.
3. RESULTS section filled in with "incomplete" and "may be eligible for blanket waiver" ticked or "complete" (but complete is rare).
4. Signed and dated by the doctor
If it's not completed EXACTLY like that then see a civil surgeon for the I-693. If it is complete, send a photocopy of your DS-3025. Almost isn't good enough. It needs to be filled out properly.
The USCIS is supposed to have your K1 medical files, but sometimes lose them or fail to match them up with your AOS. Do not get another exam unless you get an RFE that says they do not have results of your medical. It means they lost them, but you are probably stuck with paying for a new exam. Those kinds of RFE's are not about the immunizations or the form I-693; they are because USCIS failed to match up your other medical exam results with your AOS application.
**Note on flu shot: Flu shots are required for adults of all ages (changed Nov 2010) if your UK exam was between (Oct 1 and March 31). But if the AOS adjudicator picks up your case when it is not flu season, you will be excused. And the reverse is true. The adjudicator picks up your case during flu season, but sees it was NOT flu season when you had your medical exam, you are also excused because the date they go by is the date of your exam to determine if you were current on that date. Keep in mind that if you go to a civil surgeon for an I-693, then you are resetting the medical exam date for immunizations and you may have to get second doses of shots or a flu shot to become current on your new immunization date of record.
What if I only had one dose of MMR and it's marked "insufficient time interval"? Do I need to another dose and must I see a civil surgeon before AOS?
NO you do not need to see a civil surgeon unless USCIS loses the whole medical file you turned in at POE. If you were up to date the day that DS-3025 was signed, then you're okay without getting 2nd or 3rd doses. You can get them for your health, or you can not get them ever. It was not medically appropriate for you to get dose 2 on top of dose 1. There's a time interval for doses. So you get a waiver for "insufficient time interval" of that is marked on your DS-3025. 
If you are one of the unlucky ones with a lost medical, then you will have to get a full medical again. By then, enough time would have passed for dose 2 so expect the CS to say you need  it. Hopefully it won't come to that. 
What if I don't have a DS-3025?
If you are positive that you got the needed shots, then actually mailing in a DS-3025 photocopy is not necessary. The original form is with you other medical results and was turned over to USCIS at POE. That's actually the one that counts because it remained in the "chain of custody" so you didn't have an opportunity to alter it. The photocopy isn't really an official copy and is more for a reminder that you got complete at your visa exam. Of course without having a copy, you don't have the opportunity to see of the rest of the form was completed correctly.

You can fill out the forms, sign them, but don't date them yet. I would suggest you wait for NOA2 to get evidences such as bank statements, letters from employers, basically any supporting documents for the I-134 except the Tax Transcripts from the IRS (you can get those now.) Good luck!!

You really should have posted this in the India sub-forum....
The OP married a year ago - they were living together for about 60 days here before he felt it was important to send her home to her parents. So, there is a good 9-10 months while their file was being processed to have an emotional connection. OP - how did that go? Were there any red flags about the relationship during that time? Was she living with your family since the marriage?
How well are your family and her family connected? I'm guessing not too well if you are having thoughts that she used you to establish herself her in the US [and most likely start the whole family's visa journey?]. I understand the concern that she and her family may have used you to get a ticket into the US because it is, unfortunately, very typical.
The big hallmark that makes me think the OP does care and is concerned about being thrown into a VAWA nightmare is the fact he mentions she isn't eating well. Other than being intimately aware of Indian culture [having married into it and having lived in India] I can't really describe why that one comment strikes me as a very respectful, caring reason to send her home. It will sound nuts to people not familiar with the culture but all true friends and family are CONSTANTLY concerned with getting proper food and nutrition in my experience.
The whole arranged marriage thing in India can be very business-like. But, it would be as business like whether he was sponsoring her to the US or if they were both living in India. I get it isn't everyone's cup of tea here, but it's pretty standard in India - and no, it's not an excuse to abuse anyone or to treat someone in a shabby manner - it's just different.

As Harpa says, there is no need to 'bash' the OP. You can state your position without making it insulting. One comment since Harpa's reminder has been removed. Any other posters who wish to bash the OP will also find their comments removed.
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Moderator hat off . . .
To the OP, I am joining my voice to those who say 'Do not attempt to AOS'. I can certainly understand that you had originally planned to continue to Australia and start the immigration process there for your husband to move there, but once in the US, you decided to give life in the US a try instead. Unfortunately, because of your situation when you entered - no hard evidence that you were planning for the Australian leg of your immigration situation - you are stuck with the evidence USCIS has on file: it does look like you arrived in the US intending to remain, but a kind-hearted border control officer allowed you to enter when you purchased the ticket for your trip to Australia. You were very lucky and got off lightly, although it may not appear to be so from here.
You said that your AOS evidence is sketchy. That is another reason not to try to AOS from within the US. You also saidthat you wish to AOS from within the US because you don't want to be separated for that length of time from your husband. You are thinking too short term if that is your reason. The consequences of your actions will have have much longer lasting effects than a few months separation, and you would do well to compare them, and measure the risks:
a) remain in the US and apply for AOS: if all goes well, you will succeed in convincing the interviewer that your plans changed and you are eligible to Adjust status from within the US. Likliehood of succes? depends on your evidence and your ability to counteract the evidence weighing against you on your entry. I would put likelhood of success at less than 10% (based on what we currently know);
More likely, you will be grilled during the interview, every thing you have ever said to immigration will be reviewed, weighed against the evidence and weighed against the appearance of your actions, and be put through the emotional wringer. You may end up being approved (likeliehood of success also probably around 10%), or you may be denied based upon 'misrepresentation', meaning they believed you lied when you told them you were not planning on staying in the US (likelihood of around 75 to 80%). If there is the notation 'no AOS' in your passport, then this automatically increases to 100%. Consequences of lying: denial of AOS; deportation and permanent ban upon ever entering the US ever again for any reason. Certainly, this should have more weight than spending a few months apart while going through the proper IR-1 visa. If denied for AOS from within the US, you may effectively be removing any chance you have of successfully applying for an IR-1 visa from outside of the US as well.
b) apply for an IR-1 spousal visa. Your husband starts the process in the US but you complete it at the US Consulate in Australia. You would leave the US in April on the ticket you purchased at the behest of USCIS, thus proving that you are a trustworthy individual who keeps her word. The IR-1 visa processes over the following months, and as you can afford it, you visit your husband in the US on the VWP. There is little reason to deny you entry since you have an active spousal visa petition/application in the works and you have already shown you keep your word. The IR-1 is approved, you enter the US in about a year's time and you have your permanent green card in hand. Likelihood of success - nearly 100%
c) apply for an IR-1 spousal visa. If there is any misrepresentation on your file, or if you have any sort of a criminal history that hasn't been disclosed here, or if your husband doesn't make sufficient income to sponsor you, then the IR-1 may be denied. Based on the evidence provided here, the likelihood of that is fairly low - I would say less than 1%.
If you overstay your allowed time to stay, you will also start incurring out of status days. This will definitely be a mark against you with any actions you have with USCIS. If you incur 180 days of out of status, you will also incur an automatic 3 year ban on re-entry to the US if you leave without a green card. If you have more than a year of out of status time, you will incur an automatic 10 year ban on re-entry to the US if you leave without a green card. This means, that if you decide to try and apply for AOS from within the US, you may end up incurring enough out of status time somewhere in the process that if you are given the option of applying for an IR-1, you may still have to wait out a 3 or 10 year ban - which means more separation time from your husband.
So, you can decide: Apply for AOS from within the US with a possible 10% rate of success which means all will go well, or a more likely 90% risk of denial with a strong possibility of a permanent ban from the US for misrepresentation. Even if there is no ban, you would then have to apply for the IR-1 anyway, and go through the necessary separation. Or, you can do what you told Customs and Immigration that you were going to do and apply for IR-1 spousal visa while continuing to Australia in the meantime on the ticket you purchased, visiting as often as you can, and then return to the US, green card in hand, with a nearly 100% assurance that this will happen.
I wouldn't risk my future happiness on a 10% possibility, not when I have a nearly sure thing available to me at the cost of a few months separation in a life time of togetherness.

I would also not risk an AOS in your case. Have your husband petition you now via the I-130, leave when your 90 days is up, and because you did the right thing by not overstaying, there is a decent chance you can visit again during the process if you wish.

Look at your situation objectively.
You husband has a US job offer. You show up at a POE with all your belongings, your cats, and no ticket to leave the US. You were suspected of illegally immigrating to the US and you claim no. Now, you want to AOS.
Come on. You've just contradicted your claim which allowed you to be admitted into the US.
AOS is not going to end well for you. Take your chances if you want, but its not going to end well for you because your statement at the POE is going to bite you in the #######.
The smart choice is to go home and endure the temporary separation like many other couples here while you wait for your immigration visa.
Sorry, but you played the "fast immigration" game and you've lost.
I personally do not believe your story. I don't think anybody with experience on this forum will believe it either.

You have entered and specifically been asked by immigration if you intended to stay. You had problems showing them that your true intent wasn't to stay and now you are going to turn around and stay. You live a far riskier life than I could handle because your immigration record has surely been noted from your entry and IF AOS doesn't go well you will not have a chance to appeal and could face a ban for misrespresentation. One way ticket and cat makes immigrantion intent not hard to prove for any immigration agent. If I were doing it I would file the I130 ( if you want to stay in the US ) enjoy your time here and leave when your I94 expires. You should still be able to visit while things process.

The ONLY thing that matters to this man is his green card. Period. And he is willing to commit fraud, have you commit fraud and possible go to jail to get it. GET RID OF HIM ALREADY !!

This is an ICE case.
Suggest you divorce him on Monday. Change the locks, get a restraining order. Yer being played. About as bad as mcat was played. if rlogan is still visiting the site - maybe he'll check in - but do study rlogan 's prior posts with the member search tool - you'll read about the behavior patterns that yer 'spouse' is exhibiting and the reasons for running the h3ll away.
For ICE -
Write up about a 2 page cover letter, print out all of the emails he's sent you outlining his scheme, and give it to the ICE shift supervisor at your local USCIS office via an infopass appointment. They'll open a case - but don't expect any action until he's either picked up or he files again with another USCitizen.
Well, for certain - the people COACHING him have told him 'you better get back with your sweety - only she can get you a green card now'.
Trust me - folk are coaching him.

Don't listen to him! Stop this relationship now and don't file for him! He is clearly using you. Just like he needs proof before he 'works' on this with you--you yourself may need proof that once he receives is GC, he won't leave you again. If you have feelings for him still, don't do it because it is illegal. And it is not worth risking something like that for someone who doesn't love you... Good luck!

Yes. Youre getting confused because the only way you can adjust from the K1 you came on is through the USC who sponsored you for the K1. But if your K1 expires or rather when your K1 expires you are an out of status K1 visa holder in the US with no status because you didnt file AOS. (so youre not in a period of auth stay) Youre as good as any other illegal loosely speaking. If you marry another USC, you can file a 130/485 through your marriage to them. Totally different basis for adjusting.
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Getting back to your situation. Brc posted an excellent quote "When someone shows you who they are, believe them the first time". Your husband has made it quite clear what he wants from you- a greencard. Hes made it quite clear hes willing to lie to you and offer you false promises in exchange for it. (I'll work on the marriage if thats what you want) Hes made it clear hes willing to use guilt to get what he wants. Hes made it clear hes not trustworthy and is willing to commit fraud. Hes made it clear he is willing to commit crimes. Hes made is clear he is willing to let you commit crimes that you could be caught and punished for, for his benefit.
This is not the kind of person you put yourself on the line for. This is not the kind of person you want in your life.

Kick him to the curb!

I see that your filing date is at the end of August, by the time you receive the NOA2 and complete the remaining steps for completing the visa, you will probably have enough time on your visa to continue your job (through October) before the validity of your visa runs out. Your best option in my opinion is to wait to use your visa until you have left your job.

Keno and I are starting to slowly prepare all the documentation we are going to need to submit our I-129F. We want to take our time with the whole process to make sure every 'i' is dotted and every 't' is crossed. Being one of the first same-sex bi-national couples to immigrate to the US on a K-1 visa on the heels of a potential victory in the Supreme Court on June 27th means we don't want anything to go wrong on our end.
While we cannot file our I-129F until DOMA is repealed, we want to be ready the instant it is to submit our paperwork because it is such a time-consuming process.
Keno is currently securing his passport quality photos which he will include in his packet of info (G-325a, statement of intent to marry) that he will send to me in late January. He should have them within the week.
To everyone who supports us, thank you very much - you have no idea how much kind words and support means to us.
To those who wish us ill or dislike us because of our sexuality, please just avoid posting inflammatory comments and leave us be - that's all we ask and we do wish you the best of luck on your journey to bring your loved one to the US.

I think the best thing to do is to follow the official's advice and get married in Haiti and then file for him as your spouse. This will be the best option, I think. I don't think appealing will change anything since the decision is final. And since she suggested you go that route, I don't think it'll be impossible for him to get a spousal visa/adjustment of status.
I just want to also clarify something: the BEST way to get the real papers in Haiti is to go to the National Archives yourself. Do not send anyone or pay anyone on the streets posing as officials (your fiance should know that...) There are organized and official ways of doing things there, you just have to do it yourself and take days off work and go to the correct offices. Most babies are delivered in hospitals now too and birth certificates do not take long to register. Death certificates are even easier to get (believe me.)
I hope everything works out well for your next journey. I am praying for you since I know you mean a lot for each other. Just make sure for the next round, he does get real death certificates--so that you can register your marriage in Haiti and file for the spousal visa. Good luck!

But those 32 year-olds had to be in the country since they were children... That's the point... The 32-year-old adult is not whom they are giving the amnesty; but the child (who entered the country illegally because of his/her parents) who is now 32!

But those 32 year-olds had to be in the country since they were children... That's the point... The 32-year-old adult is not whom they are giving the amnesty; but the child (who entered the country illegally because of his/her parents) who is now 32!