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yuvaraja

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    Applying for AOS in the USA

    in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

    Posted

    This general guides apply to people who are required to file for Adjustment of Status once they enter the US to maintain their legal status. This applies to certain non-immigrant visa holders with a K1, K3, and others. Once you file you will have several options available to track your case.

    Review the following:

    Here are two documents that describe your rights and responsibilities as a Legal US Permanent Resident:Helpful Tips:

    Tip #1 (updated by member: Joanna&Bobby):

    When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need I-693.The instructions to form I-693 say: What if I am a K nonimmigrant visa holder and had a medical exam overseas?

    If you were admitted as a:

    A.K-1 fiancé(e), or 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

    C.You received a medical examination prior to admission, then

    a.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

    b.You will, however, be required to complete Part 1,information about you,and submit the vaccination secton of Part 2 with your adjustment of status application. A designated civil surgeon must complete the vaccination section and Part 5 the Civil Surgeon’s Certification

    Here's where it gets tricky! Some people have submitted a DS-3025 (obtained overseas at your medical documenting your vaccinations) with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination part. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

    http://www.uscis.gov/files/article/I693MedExt011106.pdf

    The civil surgeon should give you an I-693 documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package.

    Tip #2

    Our interviewing officer gave us a list of documents needed to prove common residence, I thought it would be handy and maybe it can be pinned. I've typed it out verbatim.

    TYPES OF DOCUMENTS NEEDED TO PROVE COMMON RESIDENCE

    (The most important requirement of common residnce proof is that both names of husband and wife must be on these documents listed below, i.e. "joint accounts")

    1. Home Contract copy; Rental copy; lease copy; or affidavit from person you are living with which explains the living arrangements.

    2. Copies of utility bills; gas; light; electric; phone; cable; satellite

    3. Joint bank accounts (must be in both names)

    4. Credit/Debit Cards (under both names)

    5. Insurances:

    a. Auto Insurance

    b. Life Insurance - submit copy of policy showing beneficiaries

    c. Medical - submit copy of medical cards for each person

    6. Photos;

    a. When you were dating/courtship period (3 each)

    b. Marriage photos (3 each)

    c. Birthdays, anniversaries; Christmas; holidays; family gatherings, vacation trips; etc...... (3 each)

    7. Babies - Bring copies of birth certificates

    8. Major Purchases: New Car; Television; Refrigerator; stove; household appliances, etc.

    9. Driver's License (both must have same address to be any good).

    10. Military Identification

    11. Submit a one page letter describing how you met; how long you dated; or how long your lived together before getting married.

    (Note: Ensure you bring copies of these documents; not originals)

    Tip #3 (from Meauxna)

    In the mad visa chase, we often overlook the end goal, Permanent Resident status. This is what allows a non-USC to live, work and travel freely in/out of the US indefinitely. Many times, people don't know what their rights and responsibilities are as PRs, or what documents they'll hold to show that status.

    I highly recommend the following links for the foreign AND US partners.

    Now That You Are A Permanent Resident

    Rules about what you can and can't do as a PR.

    http://www.uscis.gov/files/article/B4.pdf

    How Do I Remove the Conditions on Permanent Residence Based on Marriage?

    If you've been married for less than 2 years when you become a PR.

    http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1____

    Welcome to the United States:

    A Guide for New Immigrants

    OK, seems a bit hokey, especially since you've got a USC partner to show you the ropes, but take a look! There are things in there that I never even considered!

    (removed from USCIS website)

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