Mark11

Thank you all sooooo much for your thoughts.

I will send a copy of my NOA for the interview (when I receive it) and a letter and the death certificate to the field office listed.  Which will drive a stake through my heart, but must be done.

Early last year I posted some very specific details (dates, locations, forms, etc.)  about how to get the medical exam done in Brazil in the least amount of time.  I hope those details help other Brazilian K-1'ers with the process.   It's heavily tagged, so look it up if you need it.

Thanks again everyone.  I don't think I'll have the strength to post here again.  We put so much effort into this process (as each of you are doing / have done) and now it's all just wasted effort.  My 3-inch thick folder of copies of immigration forms, NOAs, receipts, etc., just makes me cry.

Good luck to all of you.

Obrigado and Tchau . . . .

--Mark . . . .and Sandra

Dear Group,

I write with a very heavy heart.  My beloved wife came to the US on a K-1 visa in June 2020.  We married immediately and filed the whole I-485 packet including all the supporting forms and received the NOAs for all.  While waiting for the AOS interview, she died from covid and that has pretty much destroyed my life.  I called the USCIS hotline for advice on how best to withdraw the application, but they seemed very befuddled and recommended that I file form I-140 (which has nothing do with withdrawing a petition -- completely wrong) with the center that is handling my case.  They gave me an address based on my zip code, but I'm questioning if that's correct based on their recommendation of an incorrect form.

I just got notice yesterday that the AOS interview has been scheduled and a notice has been sent out.  Should I wait for this notice and then send a letter with a copy of the notice and death certificate to the address on the notice.  That seems to make the most sense.  Thank you for any advice.  Normally I would be able to figure this stuff out on my own (we got this far . . .), but my brain is very muddled these days.  My apologies.

Thank you,

Mark

On 9/13/2020 at 11:19 PM, mogiftney said:

Hey y’all, we sent the AOS package through fedex to the Dearborn address on august 20th, it was received according to package tracking 5 days later on the 25th, it’s September 13th today and we have still heard nothing. No email, no text, no check deposited, no mail. Is this normal?

 

Also, my wife’s medical expires in early October. If they received it in august but didn’t start on it until mid October or later, will they make her go to a civil surgeon?
 

Thank you

Hi Mogiftney,

Speaking from recent experience, this is absolutely normal.  We filed in June and the electronic text notification (with case number) from USCIS was received exactly 33 days after UPS said the packet was delivered to the Chicago lockbox.  The check was not cashed by the lockbox until right before the text notification  went out.

--Mark and Sandra

Hi Honeythunder,

We submitted our AOS packet to the lockbox in July and it took 33 days from when UPS delivered the package to when we received a text message from USCIS giving the case number.

Don't worry about the name -- I accidentally put my name on the form (I'm the US citizen) -- should have been my wife's name (she's the immigrant) -- and it still worked fine.  All that matters is the phone number and email address.

--Mark and Sandra

LetsPaintCookies and Cillah,

5 hours ago, Cilllah said:

Oh this is worrying. I did mention concurrent filing on the overall cover letter as well as the individual cover letters for each section so I am hoping that I am OK!

13 minutes ago, Letspaintcookies said:

That would be my suggestion too. The problem is that the applications might get separated and at that point it doesn't help that it was mentioned on the overall cover letter. That's where a cover letter for every application with the concurrent filing mentioned comes in handy. 

You would hope that would be good enough, BUT . . . .  we did exactly that:  included individual cover letters with the explanation of concurrent filing on each.   Basically used the nice examples available on VJ.  And somebody still didn't read them.  I'm not sure what the other two VJ'ers did.

But 3 erroneous rejections out of what must be truckloads of applications isn't bad.  Just bad luck.  Or a lockbox employee having a bad day.

Anybody reading this for a future filing -- don't miss what Geowrian said above -- this whole thread is only valid till Oct. 2, 2020.

--Mark

Hi Everyone,

I just got a message from a second VJ'er who had his I-765 rejected for "incorrect fee", even though it was filed with the I-485 (same thing happened to us).  Of course, when you file the I-765 (and I-131) with the I-485, you do NOT need to pay an extra fee.  Someone at the lockbox is incorrectly rejecting these 765's.  We received a rejection  notice in the mail, including a bright green cover sheet with instructions to include the cover sheet when we resubmitted the packet.  The other two VJ'ers never received rejection notices, they only knew they were rejected by calling the USCIS hotline.

So here are a couple of suggestions that might help prevent this problem for other filers:

1. Include a note on top of the pack (perhaps using a red marker or red ink if printing) making it very clear that you are filing the 765 with a 485 and therefore no extra fee is required. Yes, that should be in the cover letter also (which it was for us), but it appears this point needs to be made very clear (politely).
2. Make sure you have the most recent 765 form off the USCIS website.  They recently switched versions.
3. Make sure you use code C9 on question 27 (eligibility category).

Good luck,

Mark and Sandra

TJame1,

On 8/10/2020 at 12:06 PM, Tjame1 said:

My wife had her medical done in her home country In June 2020 but didn't get vaccinations because of her strong religious belief. The only thing we got from her doctor in her home country is form DS-3025 (which shows no vaccines received) and a CD of her chest x-ray. She is now here with me in the USA.

 

We will be filing a religious exemption for the vaccine.

 

My question is, when we mail I-485 and I-864 next month, do we have to include the DS-3025, which shows she was NOT vaccinated?

 

I read on the instructions of I-485 and it says:

 

 

You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination.

 

 

 

thanks for your help

My wife and I recently submitted the 485 with a fully completed and correct DS-3025 and USCIS still sent an I-693 "deficiency" letter saying we would need to bring a 693 to the interview (which I disagree with, but that's not my point here), so given that your 3025 does not show any vaccinations, there's no advantage to including it with your 485.  You'll receive a yellow "deficiency" letter like we did, and you'll just take your 693 with you to your interveiw.

--Mark and Sandra

Hi Everyone,

Did anyone (with AOS experience) have time to look over our DS-3025 (certainly understandable if no one has time) and agree (or disagree) that it's truly complete, and thus no 693 is needed?  It's attached in the first post on this thread.

--Mark and Sandra

All,

I just copied these from the current I-693 instructions, and they duplicate the material in Nich-Nick's pinned post.  It seems to clearly state that if you have your medical exam within one year of the 485 AND your DS-3025 is filled out correctly, then no I-693 is needed.

3. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?
If you were admitted as a:
      A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or
      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 you file your Form I-485 within one year
           of an overseas medical examination; and
                 (a) The panel physician did not find a class A medical condition during your overseas examination; or
                 (b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and
                 you have complied with the terms and conditions of the waiver.
          (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 need to have the Part 10. Vaccination
        Record completed by a designated civil surgeon. In this case, you must submit Parts 1. - 5., 7., and 10.
         of Form I-693.

--Mark and Sandra

Hi Everyone,

We submitted the 485 packet in June 2020.  Included was the  DS-3025 completed in January 2020.  According to the excellent pinned post embedded below regarding when you actually need the additional I-693 and when the DS 3025 is truly complete and sufficient, it seemed that a 693 was not necessary.  I have attached the DS-3025 for anyone who would be willing to review my analysis for completeness.  However, we just received a yellow "I-693 Deficiency Notice" saying that if an AOS interview is granted, a complete I-693 will need to be brought to the interview, and if an interview is not required, then an RFE for the I-693 will be sent out.  The notice also explicitly states not to mail in additional information.  So, as I said, my analysis indicates that the attached DS-3025 meets all the requirements (please double check me if you have time) and the I-693 shouldn't be needed. All shots are up to date and dated,  waiver rows are filled in with the correct waiver codes, Section 2 is marked correctly, and the form is signed and dated.  Plus this is the Consulate-designated physician in Rio de Janeiro, Brazil who is extremely experienced with the AOS process and is fully fluent in English.  He seemed to know the full AOS process, regarding the medical and vaccines.   But . .  .  I recall several VJ'ers saying in past posts they received similar notices and simple ignored it and took the DS-3025 with them to interview and things were fine.  Looking for advice from those who have been through this similar situation.  Thanks everyone.

DS 3025 .pdf

Jorgedig,

8 hours ago, Jorgedig said:

Most of these rejections are because the applicant failed to note the (c) 9 designation.

Do you think there is a difference between "(c) 9" and "(c) 09" (I assume not)?  My rejection notice came  back with category "C09" in the header.  I used the first two boxes on question 27 to put "C" and "9" and then left the third box blank.

--Mark and Sandra

Wicu11@hotmail,

6 hours ago, wi11cu@hotmail. said:

Good Day,

Every time I speak with a USCIS agent regarding filing fees I get a different answer which BTW does not match the online fee calculator. I have last been told that if I am filing an I-485 I do not need to pay for the I-765 or the I-131. Just the I-485 and bio-metrics fee. $1225.00. Does anyone out there have experience with this? I walked through this previously with an agent who said I had to pay $410 for the I-765.

I am also wondering if anyone has anything to say about the recent injunction that eliminates the requirement to file the I-944? Thanks much!

Ok, I can speak to this directly because it just happened to us (and one other person on VJ).  We just filed the whole AOS packet (485/864/944, 131, 765) with a fee of $1225 ($1140 filing fee + $85 biometrics fee) and everything was accepted, EXCEPT the 765 !  The notice of rejection for the 765 said that the "incorrect, or no, fee" had been submitted.  However the instructions on the I-765 (and I-131) are extremely clear (this is taken straight from the 765 instructions):

Initial EAD. If this is your initial application and you are applying under one of the following categories, a filing fee is
not required for:

(c)(9) or (c)(16) Any current Adjustment of Status or Registry applicant who filed Form I-485 on or after July 30,
2007, and paid the appropriate Form I-485 filing fee. If you file Form I-765 separately from your Form I-485, you
must also submit a copy of your Form I-797C Notice for Form I-485, as evidence of filing Form I-485 on or after July
30, 2007, and payment of the appropriate filing fee.

After the rejections, I (and the other VJ person) spoke with USCIS phone reps and they were very clear that the rejections were mistakes at the lockboxes and to resubmit the 765 applications with the 485 NOA and note the error.

So, in short, NO, you do not have to submit a separate fee for the 765 or 131, but that doesn't mean one or the other won't be mistakenly rejected for no fee.

As for the 944, I can't speak definitively about the injunction, but given the vagaries of the process right now, I would include it your packet just to be safe.

--Mark and Sandra

VisaHelpme1, 

13 hours ago, VisaHelpMe1 said:

Hello, 

My document is ready but my dumbass staple them! Then i realize I am not supposed to staple them. i plan to use paper clip but i realize my document has little holes from staple. Is it going to be rejected?

Definitely not a problem.  We used many staples in our original K1 I-129F and the I-485, etc.  All were accepted.  Just don't use the giant, large, heavy-duty staples -- the people at the lockbox have trouble removing those.

--Mark and Sandra

Troy B,

On 7/16/2020 at 12:09 AM, Troy B said:

 

Yep, once I finally get married and start the i-130 process I intend on creating a timeline.

I don't have knowlege about the CR1 process, but if it requires medicals and interviews, then my thread about this in Brazil may be helpful to you.

https://www.visajourney.com/.../729330-firm-answers-brazil-rio-k1-medical- exam-and-interview-scheduling/

--Mark and Sandra

All,

I just noticed this when trying to fill out the "new" I-765 (because my rejection notice said my form was out of date):  at the top, the "new" form has the same expiration date as the "old" form, namely 05/31/2020.  However, the edition date at the bottom of the page has a new date.  Old edition date was 05/31/18, new edition date is 12/26/19.  The USCIS website notes that you can continue using the form with the expired date at the top until they publish the new form.  But easy to make a mistake on which form you're using.

In short, check the edition date at the bottom of the page, not just the expiration date at the top.

--Mark and Sandra

Carl,

15 hours ago, Carl. said:

I emailed Chicago lockbox on the 24th July. The standard reply was we'll get back to you within 30 days. So now it's a wait to see what comes first, the email from Chicago lockbox or my rejection notice for my I-765

First, I think you should perhaps you should just send in a new 765 packet -- with a copy of the 485 NOA -- yours may be lost.  I only say this because I just received the rejection notice in the mail with the rejection NOA and original 765 (both are attached if you want to look at them).  The NOA date on the whole AOS packet was July 27.  So 6 days between formal receipt of the AOS packet (after 1 month of processing at lockbox) and then receiving the rejection notice in the mail.  Given that, your 2 months with no rejection notice at all seems way out of whack.

Second, there were mistakes on both parties on my submission.  USCIS rejected it for no extra fee (incorrect), AND because I used an outdated 765 form (stupid error on my part -- when I originally filled it out months ago, it was valid).

Let me know if I can provide any additional info.

--Mark

NOA .pdf Rejection notice .pdf

Ayrton,

5 hours ago, Ayrton said:

The forms 765 and 131 are been approved without biometrics, but the card is not being produced.

What is the practical implication of this?  Specifically with reference to the AP,  you must have some paperwork in hand when you leave the country, so even though you AP is approved in the system, if the card isn't mailed, are you stuck?  Or could you possibly make an appointment with a field office to pick up paperwork?

--Mark and Sandra

Kat10Kat2,

On 7/31/2020 at 7:56 PM, kat10kat2 said:

We just wanted to let people know that we had checked our case status at: https://egov.uscis.gov/casestatus/mycasestatus.do and it showed the approval there a few days ago, even though it showed no changes on myUSCIS. He hasn't had his biometrics yet (was schedule for March but cancelled) and were we pretty shocked when we looked up the status since we know that typically comes first.

This is important information for everyone !  A lot of people (including me)  are/were under the impression that you absolutely had to have biometrics done before an AP/EAD would be approved.  You information (and that of several others) proves that's not the case.

Congratulations.

--Mark and Sandra

Carl,

13 hours ago, Carl. said:

We're still waiting on the rejection notice for the I-765, filed June 2nd

Geez, you've been waiting over two months now just to get the  rejection letter, plus the returned 765 packet.  Since we're both confident the 765's were erroneously rejected  due to the "no-extra-fee" problem (I got the same answer with USCIS phone rep), I think I'm just going to resubmit a new 765 packet with a  large-font cover letter explanation of the original problem and a copy of  the 485 NOA.  Since we know there will be at least a month delay for lockbox processing, you've already lost 3 months (2 months waiting, then another month for new  lockbox processing), and I've lost 2, it seem like waiting any longer is a huge waste of time.

USCiS suggested including the 485 NOA.  I think I'll make a new packet today.

--Mark

Hi All,

Just received the 2 hard copy NOA's in the mail.  Sure enough, one for the 485 and one for the 131, but nothing for the 765.  Rats.

Oh, and oddly, the notice date is 3 days different than the notice date on the MyUSCIS site.

--Mark and Sandra

Kat10Kat2

20 hours ago, kat10kat2 said:

My husband hasn't gotten an notice, but they opened on the 27th in my city so We except it to take a little (our original appointment was March 18th I think). What is interesting though is that I searched our case numbers on the uscis case status and it said on the 28th his EAD and travel application was approved? Though. when he logs into his uscis account, it isn't updated to show the cases approval.  I am a little confused since I thought the biometrics came first. While we are excited that he might be able to finally work soon, but we will wait to celebrate until the approval arrives in the mail! 

I've seen a lot of comments about the MyUSCIS account site not having updated information on a person's case.  Where did you search to find out that your EAD and AP were approved?

I have definitely seen several VJ people comment that they received AP / EAD approval without biometrics, so apparently indeed it is possible.  Please update us when you receive the card in the mail, and let us know where else you were able to search to get the status information.

Thanks,

Mark and Sandra

Ayrton,

51 minutes ago, Ayrton said:

Make sure you used C9 as the category for EAD.

Yep, definitely did that.  Used the advice on VJ to use C9 on question 27 (eligibility category).  Thanks for mentioning it.

My wife would probably love to talk with you -- my Portuguese is still terrible.

--Mark and Sandra

JuanCarlos and Carl,

Thanks for the input.  Looks like Carl was correct.  I call the USCIS service center and they confirmed that our 765 had been rejected due to "incorrect fees".  The agent on the phone noted that no additional fee (for the 765) is necessary when you file all 3 documents together (485/765/131) and that this was a mistake by the lockbox facility.  They advised me to wait for the rejected packet to arrive in the mail, then attach the 485 NOA1 with it and send it back to the lockbox.   An unfortunate delay.

--Mark and Sandra

Hi Everyone,

Just wondering if anyone has run across this, and if I should be concerned and making inquiries:  we submitted our AOS (k-1) packet  (485/864/944, 765, and 131) 33 days ago.  We finally received the electronic notification (text  message) that the 485 and 131 had been received (two separate texts with two separate NOA numbers), but we didn't receive any notice for the 765.  I did include the electronic notification page with the 765, so I'm wondering if this indicates a problem.  In a nutshell, does anyone who has been through this think it's a problem that only the 485 and 131 were noted as received?

Thanks,

Mark and Sandra