abejita76

Hi all,

I'm not sure where to post this, but thought this forum was as good as any...

My question is regards to updating my name with the USCIS. When I got married, I (the petitioner) legally changed my name to that of my husband (the beneficiary).

Despite searching all over the USCIS website, I cannot find a single form or mention of how to go about updating this. There is a change of address form, but that's the closest I've found.

Does anyone have any light they can shed on this? Knowing how particular they can be I don't want to let this slide.

Thanks!

Melissa S.

Hey there,

We experienced something similar, but finally found someone who knew what he was doing. My fiance had his medical apt and vaccination worksheet filled out by the MD in Costa Rica, but unfortunately he had an older version of the vaccination form. I called around and found a civil surgeon who had dealt with immigration issues in the past, and got an appointment (cost us ~$75).

The doc didn't do an exam - he didn't need to - that was already completed for the K1 visa, and given to USCIS. And because the MD had a vaccination form already filled out, he just transferred them to the new one and signed off, perfectly legit per USCIS regulations.

Be sure to call around to more than one place, and stress that this isn't for the medical, just to transfer vaccination info. I had people try to tell me similar stories about the requirements.

Hope that helps! See below for more detailed info on the vaccines, etc.

Melissa

1. If you had 1 MMR, technically you can get a waiver for this (see below), but either the titer or booster should be pretty cheap. Also see below for varicella (both from USCIS website http://www.uscis.gov/propub/ProPubVAP.jsp?...bd2ce9280cb979b).

• Mumps, Measles, Rubella (MMR) : ... Grant all adjustment of status applicants who have already received the first dose, a waiver for the second dose. [section 212(g)(2)(B) or 209© of the Act, as applicable.] Note, however, that the civil surgeon is less likely to encounter applicants that have already received the first dose. This waiver of the second dose based on shortages applies to medical examinations which were performed between the dates of January 1, 2002, and May 31, 2002, inclusive.

• Varicella : Note that, per the guidance received from CDC, varicella is the only vaccine that can be verified by means of an oral history. All other vaccinations must be verified either through the submission of certificates verifying the date the vaccine was administered, or by undergoing a laboratory test for immunity.

2. Regarding the Hepatitis B vaccine, that is something the civil surgeon can state is not medically necessary, and as such, waive the requirement (no forms required). From the same website as above:

• Section 212(g)(2)(B) of the Act which authorizes the granting of a waiver when the civil surgeon certifies, according to HHS regulations, that it is not medically appropriate for the applicant to have one or more of the required vaccinations;

As far as getting the vaccination supplement signed-off, see the following USCIS website (http://www.uscis.gov/propub/ProPubVAP.jsp?...d51aff2ef801c95).

(A) Adjustment of Status and Immigrant Visa Applicants . All adjustment of status and immigrant visa applications filed on or after September 30, 1996, must be sufficient to establish compliance with the vaccination requirements under section 212(a)(1)(A)(ii) of the Act or eligibility for a waiver. The waiver provisions and application procedures are addressed in Chapter 41.3 of this field manual.

(K) Vaccination Requirements for K and V Nonimmigrants Adjusting Status to That of Lawful Permanent Resident under Section 245 of the Act . In certain instances, K and V nonimmigrants are not required to repeat the original medical examination that was performed to obtain that nonimmigrant classification. See Chapter 23.3(d)(2). When this is the case, only the vaccination sign-off is required. The vaccination sign-off must have been done by a designated civil surgeon. If the applicant obtained a K or V nonimmigrant visa overseas, the medical exam report completed by the panel physician overseas, Form DS-2053 and accompanying worksheets, should already be in the alien's A-File, if it was surrendered at the port-of-entry with the visa packet. Note that, in completing the vaccination sign-off, the designated civil surgeon may accept the vaccination supplement to Form DS-2053 completed by the panel physician overseas and proof of additional vaccines received following the applicant's admission to the United States. If the applicant was granted a change of status to V in the United States under section 214(o) of the Act, the medical exam report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted. The applicant will need to return to the civil surge on for the vaccination sign-off. If, however, the requirements of Chapter 23.3(d)(2) have not been met, a new medical examination is required, including the vaccination assessment specified under section 212(a)(1)(A)(ii) of the Act.

Anyone else with experience?

Hello,

I'm hoping this is a quick question for you guys with more experience. If you submit the AOS, AP, and EAD at the same time right after marriage, and get an RFE for something in the AOS (say the vaccination supplement form), does that effect the AP or EAD in any way? Or do they send them to different dept's after receiving them and process them separately?

Thank you!

Melissa

Thank you all again for your replies. It looks like we're pretty limited on choices here...

I have to talk to my honey about what we want to do about this.

Best of luck to you all as well.

Sincerely,

Melissa

Thanks to all of you who responded. I really appreciate the speed with which you wrote!

So, K1 is a one-time entry. That nixes option 1. However, I was looking up info on the USCIS website (http://foia.state.gov/masterdocs/09fam/0941031N.pdf) and found the following:

9 FAM 41.31 N14.1 Alien Fiancé(e)s

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or

Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is

classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR

41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR)

may, however, be classified as a B-2 visitor if you are satisfied that the

fiancé(e) intends to return to a residence abroad soon after the marriage. A

B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

It seems this would allow him to enter on the B-2 (Tourist) Visa for the next two months for preparations, then we leave for the CR ceremony, return and get married officially using the K1.

Any thoughts?

Thanks again.

Melissa

Hello all,

I have a problem I was hoping to get some advice on. I have read extensively and found a few others who faced similar issues, but haven't been able to answer all of my questions.

Here goes: my fiance just had his interview and was approved (yippie!), picks up the visa tomorrow (6/16/06) and come to the US the next day (6/17/06). We had initially planned on getting married 9/1/06, then honeymooning in Costa Rica and having a blessing for the 150+ relatives there on 9/17/06. I then found out that we have to apply for permission to leave the country, and that it can take months to do so.

So we decided to have a civil ceremony ASAP and apply for the AP. I am just very concerned right now about the increasing delay with getting things approved. When we first decided the above, it was about 60 days to approval (cutting it very close). Now it seems like it could take even longer. I'm of course panicking, because we bought the tickets, as have 4 others coming down for the "blessing" in Costa Rica, not to mention the 150+ guests that will be getting an invitation to the "blessing" on 9/17/06 sometime this week (they already know it's coming).

So... some questions.

1) Can he leave and reenter the US on the K-1 Visa, prior to the marriage, as long as it's still <90 days? My understanding from reading elsewhere was yes, he can. My thinking on this was he could delay his entry here for a week (ie. leave Costa Rica 6/23/06), putting us ok to leave and return to the US in September and then have a civil ceremony ASAP 9/19/06 (at the 88 +/- day mark).

2) Has anyone had experience (or advice) with trying something like the following: him reentering Saturday on his valid tourist visa, us having a "celebration" on 9/1/06 in the US, going to Costa Rica for a "blessing" 9/8-9/17, then returning to the States using the K-1 visa and having the civil ceremony within the 90 days. I was considering having him attempt this on his way in, explaining the situation to USCIS, showing the valid K-1 visa (as proof that he isn't planning on getting married on the tourist, as we have the approved K-1), and seeing if they would allow that. Worst case he could use the K-1 to enter and we take our chances with getting the AP in time.

Any comments or advice would be much appreciated. I am very grateful the visa was approved after all this time, but this whole process is just so confusing and frustrating.

Thank you all.

Melissa (and Arturo)

Hello,

I have a question, based on what I read under another thread. As it appeared to be a DCF filing and not a K-1, I was hoping someone in this forum would have some advice. This other person was told they would need a co-sponsor for an I-864 due to the fact that they had been at student the last few years and weren't above the poverty line that whole time.

Now we already have an appointment for the K-1 visa interview at the embassy in Costa Rica. I'm concerned that they will deny/delay the approved based on a similar situation. I just graduated from grad school and effectively had no income for 2004 or 2005 (just student loans), and took my first job in January. We'll be submitting an I-134 with paystub, bank statement, and a letter from my employer stating start date, salary, and non-temporary status (and I am definitely above the 125% income level).

Anyway, my question is this: has anyone been in a similar situation (recent grad) and had the K-1 approval process affected? If so, what did you end up doing?

Should I just put a co-sponsor down, just in case?

Thank you all.

Melissa

Congratulations!!!

I wish you the best, and hope to be in your shoes very soon! Yeah!

Good morning to all!!!!

Just want to share the good news of the day... My Baby will be here...this Saturday...4/22/06...I am just so happy and so grateful to God for the blessings that he had given me...Once again thanks to all of you for being such a great support group...I have never expected that things will happen that quickly...and I just feel that there is still so much to do to get ready for Jamal ...but my life is in God's Hands and he knows what is best for me...I will keep you posted of how things are going...I will try to get to the City Hall soon and get the civil ceremony to be able start processing the AOS and then we will decide as to all the wedding details...I am so excited...and just wanted to share this with you...these who are still waiting ...stay strong and have faith...my prayers are with you...and I hope that we will have more reunifications pretty soon...Love

Your I129F PETITION FOR FIANCE(E) was received on March 1, 2006. We mailed you a receipt with information about processing. It is taking between 80 and 110 days for us to process this kind of case. We will mail you a decision as soon as processing is complete.

So what happened to the 60 - 90 days that was there yesterday?

Don't lose hope! I was extremely frustrated too, as per the timeline here people who submitted around the same time as us were getting processed in ~65 days. We were just approved (NAO2) yesterday after 85 days! The timeline on the Nebraska site isn't accurate; I would go more with the on here on Visajourney, but even that's not perfect.

Best of luck.

For those of you who responded - thank you.

I just called the Costa Rica Embassy this am (and actually got to a real person rather quickly) and was told the physical exam and lab results are good for 6 months. They also had a specific list of physicians and labs where one is to complete the required testing, which the lady was kind enough to email that to me right then and there!

So... I guess the best answer is if you think you might need/want to do the medical exam sooner, call your embassy to see about specific requirements - it seems most allow it to be completed 6-12 months in advance.

Thanks again.

Melissa

I have read various posts hinting at this topic, but never found a satisactory answer - any replies would be appreciated.

My question is this: is it possible to complete the medical exam early (ie before receiving Packet #3)? Is there a limit on how long it is "valid?" I ask because my Costa Rican fiance will be traveling for work over the next few months, and we are anticipating getting the NAO2 in the next month or so, God willing. Rather than risk delaying the process, we would like to get that part done before he leaves the country, if at all possible. I guess the worst case scenario we do it then find out we have to repeat it...

Also, someone mentioned having the required forms available and could email them. If you read this (or someone else has them), please contact me!

Thanks a million.