HazelTove

As others have answered, it doesn't matter when they get it. You don't need to be in status to file AOS as an Immediate Relative.

As for the trip, there's nonzero risk. I mean, yes, TSA is not supposed to have anything to do with immigration status (nor do they know anything about immigration law), but you sometimes hear stories of TSA agents who are wannabe cops who think it's their job to give people a hard time about stuff like this. They could call over a CBP agent or something to look at you. Also, if you travel within 100 miles of the Mexican border there can be CBP checkpoints, on roads and in airports.

Usually, you wouldn't have to worry about going through any checkpoints or anything even if your I-94 is expired if you bring your I-485 receipt, which shows you are authorized to be in the US. However, in your case, you won't have gotten the receipt yet, so that's where the risk is.

This is not K-1

Yeah that's why I was worried because we don't have a receipt send by USCIS. I took a picture of our packages from the outside and we have a receipt that it was send to USCIS from UPS. Would those help to take along with the marriage certificate?

The way we did it is we found a USCIS approved doctor to do the medical exam for us before we send off the package (https://my.uscis.gov/findadoctor). From booking an appointment to completing the form/examination took maybe two weeks including getting vaccinations and blood work done but it cost us $500. But we were able to send it with the I-485 package before my I-94 expired. Since you have until the end of the month still before her visa expires you might still have the time to do the medical exam before sending off your package provided you don't have major complications with the medical exam. That said, I'm a newbie here as well so I don't know whether that was the correct way to go about it but another VJ member might be able to confirm.

I have a couple of questions, we send off the AOS package but it might not arrive until the day after my I-94 expires. Will this be a problem? We have a receipt to show it was send before the I-94 expired. I came over on the VWP as a visitor.

My other question is, we plan to travel by plane (domestic) this weekend but by the time we fly back my I-94 will have expired. Will this get flagged up? What can I do to make sure I won't get deported/held up? We probably won't get a confirmation that the AOS was received by the USCIS and being processed until after we come back from the trip.

We didn't intend on getting married when I came over. I had been looking at places to rent for when I came back and had a job lined up (I do contract work so I was able to pause to travel). I never in a million years thought I'd be getting married so soon but we were out looking at the stars and he proposed this month, I said yes, things happened quickly after that. We scheduled a ceremony with his immediate family there and got married. We spoke to an attorney and they said we could adjust status from the US so we've been rushing around preparing the forms. We didn't realize the full extend of everything involved.

I feel really bad to see so many people on here having to wait so long to be with their loved ones but we never intended to cheat the system. We're actually afraid that the immigration office will think that that is the case and that our application will be declined, especially because I came over with an ESTA and don't have the same rights as someone with a visa. But the attorney said that we could. I just hope the attorney wasn't wrong now. I mean you can adjust status with a tourist ESTA right?

Thanks! We got a bit worried there for a minute since $1k is a lot of money and of course we're at that stage where we're filling out all this stuff and stressing out about doing everything correctly and this made us panic a bit. I think it would probably help if they made these things more clear.

I'm struggling to figure out whether or not I am required to file the supplement A form (or any other supplements) or not. I came to the US with the Visa Waiver Program (ESTA) as a tourist and was inspected at the border. Then we decided to get married after a while of me being here. Now we're reading about supplement A for the I-485. Reading the instructions we feel very confused as to whether we need to file supplement A or not? In one part it mentions that if you came in on the VWP you have to file the form but another part it mentions being a 'spouse of' exception. So does me being a spouse of a US citizen negate the part about coming in on the VWP? or will we still need to file?

Can you get your medical records?

See above post (forgot to add quote)

Ah well, will just have to wait for the EAD and hope we can talk to the HC people. That's unfortunate though! Thanks for the replies

We got married and went to the SS office to get a SSN before the I-94 expires this week but they said I wasn't eligible for a SSN because I don't have the right visa status? I came over here on an ESTA visa waiver as a tourist and I thought, from what I read, I could get a SSN with my digital I-94. But the SS said I'm not eligible, is this correct? If I'm not eligible for a SSN how/when can I obtain one?

We want to put me on my husbands health care and bank account both of which ask for a SSN. We're sending off our paperwork before the visa waiver expires but it also asks for SSN on a lot of the other forms. I believe it's fine to leave those empty but we'd rather not wait months to add me on his Health Care, what if something happens?

I don't actually have my medical records, the doctor practice I used to go to doesn't seem to exist anymore and I have no idea where the records would've gone. Will the be a problem?

Nevermind, I found the instructions on the I-485 that say that you can file those two forms for free concurrently with the I-485.

Okay, I will see what the physician says. If I file the EAD and AP together with the other two forms will there still be a filing fee for both/either of those forms? What about if I file them with JUST the I-130? Or would I need to wait to file them together with the I-485?

Thank you! I thought that would be the case but I just wanted to be crystal clear about it.

I read that unless I also file for an I-485 I'll risk being deported? Can I go to the medical examination without seeing a psychologist prior for a note? I thought there would be a psychiatric evaluation if deemed necessary at a later date or would I be unable to file the I-485 until the psychiatric evaluation has been completed? Thanks for the help by the way!

I'm currently in the US, the medical exam is tomorrow and the ceremony on Friday. I don't have a psychologists note to say I'm fine. What would you suggest I do? My ESTA runs out next week.

I had an incident of unrecorded depression and minor self-harm many years ago. I plan to file the I-130 and I-485 concurrently. Do I need to include I-601 when filing or can I send it at a later date or bring it to the interview? I have no proof for my recovery or records about treatment so I'm not sure how to go about this and I'm not sure whether filing the I-601 is even applicable in my situation since it's not a current issue. How do I best proceed? I have yet to go to my medical exam.

I'm getting the medical done a couple of days before the official marriage ceremony. I'm currently in the US on VWP we didn't intend to marry until a couple of weeks ago and been rushing to get everything sorted out before the ESTA expires. My question is whether I put my soon to be married last name on the form or my current last name? Since there will be a date on when the medical was completed on the form I'm worried that using my married last name would be considered inaccurate or untruthful but I'm also worried it wouldn't be consistent? Has anyone done this and what last name did you use on the form?

Because that was the route you chose.

It's not a choice... it's the ONLY option for me if I'm going to be with him and NOT being with him is to me not a choice because I love him. And the only way for me to be with him is to move to the US because that is where his job is and you can't get similar jobs over here. His happiness is important to me so he should be able to do the job he loves and not have to come here and be miserable with a job he hates just because some person had a bad day at whatever official place we may or may not be denied.

I never even wanted to go to the US in the first place, not even for a holiday, have never been remotely interested in going there. I'm only going there to be with him. Otherwise I much prefer Europe. So this entire process seems incredibly excessive and unnecessary to me. I have zero intend in breaking the rules since I don't want to sneak into the US illegally since I don't even want to be there as such, I just want to be with him and in order to be with him I have to take this ridiculous K1 route.

In general I get the impression that the majority of people on here also have no intend in breaking the rules. Yet these random people at these official places can so easily decide the course of your life over the smallest things and cause so much hurt to honest, genuine people seems to me like it gives them way too much power and it makes me angry when I see nice people denied.

It's just this entire process that is just ridiculously time consuming, expensive, stressful, nerve-wrecking, unfair. It makes criminals out of ordinary people who just want to be with their loved one. I mean I understand that they have to be strict to an extend but to be able to be completely denied because one person didn't like the look of you, or goes on a power craze, or had a bad day and decided to deny you over arbitrary rules is just... no words. It just seems like horribly unfair pot luck.

So, no it's not a route I chose, the route was chosen for me and I'm going to hate it every step of the way until... no... IF I ever get to be with the person I love. /rantover

(And we're only just about to send off NAO1 and I'm dreading all the major barriers that we will be facing just to be together)

Anyway, thank you everyone else for your responses.

That's unfortunate Why can it not be done in the US? They sure seem to have a lot of arbitrary rules and red tape in this process. A lot of huge decisions are dependent on so many individual peoples mood at the time, border control, interviewer, medical examer etc. Not a very fair system in general if you ask me. One person in a sour mood can ruin your life. Anyway, It's a shame I can't just do the interview and exam over there I'd feel a lot more comfortable if my fiance was there with me.

I might be in the US visiting my fiance when we get to the NOA2 stage of the K-1 process. Would it be possible to schedule a medical exam in the US so that my fiance can accompany me to it while we are there? Or does it HAVE to be done in the country where I reside? (I know that I will have to do the interview in the country I reside but I'm unsure about the medical exam).

Roughly 4 to 5 years ago I was arrested for stealing some items from a shop. The reason this happened is because I was in a really bad situation at the time where I was being abused, threatened, and coerced by someone who always accompanied me places.

I was in the process of trying to get out to a refuge and the police had been aware of what was going on prior to my arrest but that the process of getting out took a few weeks time and I got arrested the week before I got out when things were at it's worst. At the time this person had been denying me food for days and coerced me into stealing some and other things that said person wanted or I wouldn't get food, I was afraid of being physically harmed. So I stole it even though I never normally would've even considered ever doing something like that but I felt that I had no choice and I wasn't able to get out yet.

The problem is that the police arrested me and took my finger prints and mugshot anyway before I could explain the situation and I likely have a UK police caution for it. I'm now wanting to move to the USA to live with my fiance and we have started the K1 process but I'm worried I will be denied because of the caution as it says theft is considered moral turpitude. I'm not a thief I was trying to survive under horrible circumstances.

Considering that I was coerced and forced to commit the crime and have proven to have taken steps to get away from that situation would the caution still be considered an offense that will get me denied? I'd be devastated if I was being punished for what happened when I was a victim, it would be highly unfair. All I want now is a happy life with my fiance, we would be devastated if this was held against me.

Do you think they would make an exception considering the circumstances? Thanks for any replies.