Nathan&Emily

Green card in hand  good luck to everyone still waiting. 

Text came through Friday. Green Card approved and being produced. Took them 5 days after receiving the extra evidence and 2 weeks after interview  Finally done for a couple years at least.

6 minutes ago, Scandi said:

It works perfect for most of us, it's only in rare cases you end up with a SS worker who refuses to do it. Then you might have to wait for your EAD. But at least you have your SS number which you can still use even if the card is in your maiden name still.

I know  Was just pointing out that technically that is the law so a marriage cert might not be enough. Nothing more

I believe that if you change your name after marriage you are unable to change the name on social security number until AFTER AOS has been filed and you receive your EAD or GC. Its to do with not having ID to say the alien name has changed from USCIS. A marriage certificate is okay if the USC is changing her name but if its the immigrant it doesn't suffice. Occasionally you may get it allowed depending on office but I remember reading that the actual SS rules are that it won't suffice for an alien name change.

12 minutes ago, babybabeto14 said:

 

His RFE is requesting the same. I just called around and asked. A lot of offices won't give out that info, I called a lot of places, but finally my luck I had 2 give me the same info.  My understanding is that he needs 3 vaccinations.

MMR, Tetanus, and Influenza. The one also for chickenpox's, is required, but if they had that as a child, it's fine they don't need it.

 

Sounds about right. Be aware tho you can often get the shots cheaper at your primary care physician or walmart or health dept etc. The immigration doctors tend to charge a lot for them. As long as you get records of whats been given you can get the shots anywhere.

8 hours ago, Arnel villarreal said:

Will it be okay if you were ask the civil surgeon to just give you the vaccines without doing all the medical exam? Or the USCIS will ask a completed medical from the civil surgeon? Just asking, I have a feeling I'm going to goer RFE.

If they only asked for vaccines then that's all you need to do. Some civil surgeons will telly ou you must have a new medical but check what the RFE says. Mine specifically states Parts 1,2,4 & 7 which is just vaccinations. Took a while to find one who'd do it without charging for a new medical as well.

The hardest part will be finding a civil surgeon to just do the vaccines. I had a box not ticked on mine so despite having them all I had to get the records transcribed. Took 25+ calls to finally find a CS who didnt insist I had to have the medical despite having USCIS paperwork requesting just part 7 filled out. Good luck!!

30 minutes ago, Georgia16 said:

Fingers crossed that everything will be fine!

Thanks  The guy we spoke to basically said if we had that he could approve us right now and to send it in if we couldn't get it today then look for the Green Card in the mail in 4-6 weeks. Seems positive  Just means still in limbo technically which isn't a fun place to be haha

15 minutes ago, Georgia16 said:

I'm sorry you didn't knew that before. It has been well known that the UK doctor did that. Luckily it's an easy fix for you and your K-2 and you will be approved when you have submitted the documents  

Yeah unfortunately I assumed they knew what they were doing when they told me that the remarks saying it was complete would be enough. Gonna cost me $100 to get two sets transcribed plus whatever the shots cost. We had 2 shots AFTER the medical which we have no records of as didn't need them we thought. If I can't get records from UK I now need to get those two redone, plus its flu season now. Hopefully insurance will cover most of them and the mailing of the paperwork goes according to plan when they reassess it. Hoping it will be the same guy.

Okay guys. Word of warning seen as no known ever has a definitive answer. Had are interview today and approved BUT (and its a big but) we have to send in vaccination record as well first. My son and I arrived on a K-1 visa in August, medical done in May. We had the DS-3025 handed in at POE with the K-1 paperwork. 

HOWEVER the doctors in London on the vaccination record, despite our vaccinations being complete DID NOT TICK THE BOX ON THE FRONT! They claim that because it said "immigrant visa vaccination requirements" and the K-1 is technically a NON IMMIGRANT visa that they were unable to tick it. They put a sticker in saying complete but as expected this is not enough for USCIS (rightly so) 

I now have a letter from USCIS saying "Submit Parts 1, 2, 4 & 7 of I-693 ONLY. This means no physical. No doctor around here seems willing to transcribe without the physical. 

TL:DR - If your DS-3025 has the box ticked saying complete then thats all you need if inside a year for K-1. If its unticked you need vaccination transcription to I-693. Depends on your doctor in your home country.

Now we have to find this and back to waiting

Interview scheduled for 02/14 ! 7:15am tough 45 miles away  Any idea how long we're likely to be there as my wife is working 12 hour night shift that evening. Also does my 14 year old son need to come as he has a different appointment time? Is his interview any different and on his own or is it all part of my interview?

EAD cards received yesterday Now just waiting for GC interview or (fingers crossed) straight approval.

Nathan&Emily, sure... I'm a web developer... there are MANY different ways you can label a web developer such as Web Developer, Software Developer, Front-end Developer, etc... My main focus today is React Native and Ionic 2, so I don't think it's easy enough to find another one that uses React Native and/or Ionic 2 or 1 with 2yrs of experience in Ionic, for example.

That helps a little. Certain experience and web design is subjective and you either have it or you don't. That said there are a lot of Americans who will be able to do that sorta job too. Whether they have your experience with the programming languages and skillset you have is another matter though.

Can we ask what the job is? Might help to understand why or how you would be uniquely qualified for it?

Bear in mind as well that when filing AOS your medical exam is valid for one year. If you leave it too long to file AOS you will have to pay for a full medical exam again for the AOS. I can't remember if its filing within one year or interview within one year though? Anyone else help on that?

Your son is a US citizen so no problem bringing him, but the father will most likely be denied a B2 for not having strong ties to home country.

Where was it stated he does not have strong ties to Turkey? For all we know he owns a house there. Just being married to an American citizen does not mean you don't have strong ties to your home country. The OP already stated they plan to live in Turkey so a joint lease or mortgage would be a good place to start to demonstrate ties as well as having a job there.

If you have filed AOS, you should have received or will be receiving a notice which indicates you are in a period of authorized stay. That is the opposite of being out of status. If your I-94 is expired and you have not filed for AOS, technically, you are deportable. Whether you should go home is a decision that's solely up to you.

And yet every day advice is given to people on here that it doesn't matter when you AOS from a K-1 and being out of status doesn't matter. How is that any different. The reason its said is because you are married to a US citizen you are eligible to AOS at any time and that would be USCIS response if you were detained. The chances of deportation are very very low.

Anyway said my piece and made my points so I'm out of this thread now.

To emphaise the answer to the OP question

No. This is a perfectly legal and valid route to go regardless of any delay in filing

I'm not debating what USCIS allows for AOS or what is legal per USCIS. I'm bringing up the terms of service of this forum that disallows giving advice to people who come to the U.S. on temporary visas (specially visa waiver and tourist visas) to break the law and go out of status then wait for an immigration benefit. And just a slight differentiation between K-1 and VWP, K-1 is dual intent. CBP assumes the K-1 visa entrant will be adjusting status which is not the case with VWP.

From the TOS

VisaJourney does not condone immigration fraud in any way, shape or manner. VisaJourney recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board.

What he is doing is NOT immigration fraud and any way, shape or manner. He came with no immigration intent. He is married to a US citizen and is eligible to AOS. Not immigration fraud as far as I can see.

My husband was out of status for a couple of months pre-AOS from a K-1. There are probably more people who went out of status at some point in their AOS process than there are those who filed while their I-94 was still valid.

Exactly. All perfectly legal and as soon as AOS is filed you go into a period of overstay authorised by the attorney general and previous overstay is forgiven. As long as you enter legally with no immigration intent then its not illegal and hence not against the TOS of VJ

Except the U.S. Citizen is a minor and cannot even file papers right now. Suggesting to the foreigner to go out of status and wait till the petitioner is of age is still giving advice to break current immigration law. This advice to break immigration law is disallowed in this forum's terms of service, as far as I know.

Except its NOT breaking immigration law. Being married to a US citizen means going out of status and the doing AOS is perfectly valid.

I came on a K-1 and got married and as my AOS hasn't been sorted yet and my I-94 has expired I'm out of status. Should I go home?

I also said it was legal... Up to them to pick their path. However, there's more layers than just saying it's legally feasible. It's not responsible to say so without them knowing he'll be somewhat stuck in the USA for a long while (leaving before AOS is filed and AP granted, but after the overstay had been long enough to trigger a ban would not be fun. It has happened.)

Otherwise, look at my posting history, I'm all for AOS.

Wasn't a dig at you. Just saying that the wrong advice was given earlier (unfairly so imo) and I did say he wouldn't be able to leave the country for approx 18 months.

You have to wonder how healthy it would be for a newlywed teenager to be unable to study or work, being supported by the in-laws...

There is more than the immigration aspect to consider in their situation. AOS all you want... but I think you should also make sure you are planning for the future (yourself, your spouse and your marriage).

Yup I agree with you that might not be the healthiest option. However he asked for advice on whether AOS was legal and the best option and the answer is yes. Its not our place to question the state of his marriage, age, or any part of it. LEGALLY he can AOS. First dozen posts told him he couldn't and had to leave. I just hope the OP logs back in and sees the other options before choosing to leave the country.

Technically yes.

Generally though, ESPECIALLY, on VJ, people frown on others who come in on VWP or visitors and decide to get married and adjust. Kind of a "Well I had to go through this and others did, so you should too!" mindset.

But yes,he had no intent. Overstay would be forgiven, they most likely (99%) wouldn't have an auto-approved green card and have to survive the interview. Other than the K-1 visa meaning he came into the country purposely to marry, his over stay from the VWP while waiting for her to be old enough to petition him wouldn't be treated any differently than his overstay if he came in on K-1 and was waiting for her to be old enough to petition. He legally came into the country. Overstay is overstay, reason doesn't matter.

We've had people on VJ be out of status for 10+ years and then AOS with little to no problem.

Remember though, you won't be able to drive or work. You can't really do anything and you'll need to avoid any trouble. It may drive you crazy.

Again, while it's frowned upon and we may not like it, it doesn't hurt them -that- much to do it. We have a forum for adjusting from things that AREN'T K-1 for a reason. LOL

Now if the system should be like that, make it almost easier to come in and marry and stay versus MAKING the married person leave and do CR-1, that's a whole other story and debate.

Pretty much what I thought. Seemed a bit unfair that all the posts were telling the OP to leave the country and file CR-1. Once he did that this option ( a perfectly valid option) would be unavailable to him.

OP - You should be able to remain out of status until your wife is 18 and then file the I-465 and I-130. Doesn't matter if others have had to wait that shouldn't impact on impartial and fair advice to yourself and is not relevant to YOUR situation.

However you should be aware you will NOT be able to leave the country until Advanced Parole is acquired which would likely be in 18 months approx.

As the spouse of a US citizen would any overstay not be forgiven when filing the AOS in a years time? Seems to me that if you marry on a K-1 you have the same situation where you're married to a US citizen but out of status and everything i hear says that's okay even if you file AOS 5 or 6 years later. Would that not be the same case here? There was no immigration intent so entry was legal and not misrepresented and as he is now married to a US citizen surely is in the same out of status as a K-1 would be?

But not if he leaves and then comes back as he stated.

Which is why the previous poster said Marry now and then file for AOS. He didn't say anything about leaving and coming back. He quite clearly said that he can marry, AOS and doesn't have to leave. This is also perfectly legal as he came for valid reasons with no immigration intent.