Straight From The Horses Mouth

[david_dawei]

Is there a time limit for when you must file AOS? or get the AOS interview?

 

There is the 90 day timeline to get married, and we plan to file for Advance Parole so that we can freely return to China and come back again. But what happens if you do not file for AOS within a certain amount of time? or what if you don't get it by a certain time?

 

Just curious

139316[/snapback]

From Visa Journey FAQ:

 

6.1)...How soon after we get married should we apply for Adjustment of Status?

A..Right away, or at least right after your honeymoon. You should make every effort to get the Adjustment application filed within 90 days of the fiance(e) entering the United States, which is when the K1 visa expires.

Filing for Adjustment of Status within the 90 days protects your legal status. Your legal status as a K1 expires after 90 days, married or not. The only way to protect your legal status is to apply for Adjustment of Status, and the only way to maintain continuous legal status is to file for AOS before the K1 visa expires.

On the practical side, it is often difficult to arrange for the marriage, and get all the paperwork ready in time to file for AOS within 90 days. Many newsgroup couples have filed for AOS a few days or weeks after the 90 day limit with no problems. Thus far, newsgroup experience has shown this is not a major issue with local USCIS (INS) offices.

[frank1538]

Is there a time limit for when you must file AOS? or get the AOS interview?

 

There is the 90 day timeline to get married, and we plan to file for Advance Parole so that we can freely return to China and come back again. But what happens if you do not file for AOS within a certain amount of time? or what if you don't get it by a certain time?

 

Just curious

139316[/snapback]

Technically, if you file AOS after the 90 day window, your spouse is out of status. I have never heard of any downsides associated with filing after 90 days, but I would encourage you to file as soon as possible. Once the AOS is filed, your spouse is back into an "authorized stay" status.

[Mick]

Just a few comments based on our experience with this tedious process:

 

First, never take for granted what you are told on the phone as gospel. I can think of at least four occasions during the process of getting the visa and applying for AOS that we were given faulty information.

 

Second, in terms of the physical, Li had to have three physicals before we were finished due to the fact that it took so damn long. Her first physical was in GZ prior to the visa interview. As Black Holers, we passed the interview and were not able to actually pick up the visa for seven months. By the time we finally got to the States, the phsyical was over a year old. When we applied for AOS, we were told that we had to submit not only the vaccination record, but a new physical done by a civil surgeon. So, she had the second physical.

 

When we finally received notification for our AOS interview, 18 months after applying, the letter clearly stated that she had to have a third physical because the second one had timed out. So, our file had three physicals in it by the time we were finished. When we went for the actual AOS interview, the first thing, the very first thing, the guy asked for was the sealed envelop with the third physical in it. Go figure.

 

Now, perhaps they do things differently in different processing centers, who knows?

 

Li was also fingerprinted three times and we had to pay each time.

 

I am not saying that you have to have a physical. All I am doing here is reporting our experience. Take it with how ever many grains of salt you think is necessary. However, my understanding is that the physical is good for only 12 months.

 

Best of luck.

[cosmiclobster]

2.  K1 visa holders do not need a medical check-up by a civil surgeon, because it was already completed prior to receiving the visa.  My wife still has her x-rays from GUZ, which the immigration officer told me to bring to her AOS interview.

 

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Wrong, wrong ,wrong. As stated above, you must get an I-693 from an approved USCIS Civil Surgeon. It doesn't matter what she got at GZ, you still need to do this step for filing the AOS

139130[/snapback]

WRONG WRONG WRONG!!!

You only need the I-693 VACCINATION SUPPLAMENT. not the entire form

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You will have to go see the Civil Surgeon and he will do the form. You don't care how he fill it because you won't be able to see it (sealed). Also, some VO don't even ask for it during the AOS interview.

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We asked our civil surgeon for a copy of the form that was inside the sealed envelope just for our records and she gave us one. That way there would be no suprizes when we were already at the interview!!

[warpedbored]

It took me a while to find this from the USCIS website. I had read it before but couldn't remember where it was. This should clarify all the questions about the medical exam requirements.

http://uscis.gov/graphics/i-693faq.htm

 

 

Frequently Asked Questions for Form I-693, Medical Examination of Aliens Seeking Adjustment of Status

 

Are all adjustment of status applicants required to have a medical examination?

How do I find a designated civil surgeon in my area?

What does the medical examination involve?

What vaccinations are required?

 

Are all adjustment of status applicants required to have a medical examination?

 

Most applicants for adjustment of status are required to have a medical examination. The medical examination must be conducted by a civil surgeon who has been designated by the Immigration and Naturalization Service (INS). The examination must be documented using Form I-693, Medical Examination of Aliens Seeking Adjustment of Status.

 

EXCEPTIONS:

 

Refugees: If you were admitted to the United States as a refugee and are applying for adjustment of status one year after your first admission, you do not need to repeat the medical examination you had overseas, if there were no medical grounds of inadmissibility that arose at that time. You do, however, need to comply with the vaccination requirements. For more information about the vaccination requirements for refugees, including information about how to get the vaccination sign-off from a participating health department, see "Vaccination Requirements for Refugees and Asylees Applying for Adjustment of Status in the United States".

 

 

Ks: If you were admitted to the United States as a fiance(e) (K-1), child of a fiance(e) (K-2), Spouse of a U.S. citizen (K-3), or child of K-3 (K-4), and received a medical examination prior to admission, then you do not require another medical examination as long as your application for adjustment of status (Form I-485) is filed within one year of your overseas medical examination. You will, however, be required to submit a vaccination supplement with our adjustment of status application. The vaccination supplement must be completed by a designated civil surgeon.

 

 

Vs: If you were admitted to the United States or obtained status while in the United States as a spouse of a permanent resident awaiting a visa (V-1), or the child of a permanent resident awaiting a visa (V-2), or the child of a V-1 or V-2 (V-3), who received a medical examination prior to admission or obtaining V status, you will need to have another medical examination when you apply for adjustment of status (Form I-485), unless your application is filed within one year of your medical examination. In any case, you will be required to submit a vaccination supplement with your adjustment of status application. The vaccination supplement must be completed by a designated civil surgeon.

[Mick]

Good info Carl!

 

Interesting though that we were not able to file AOS within a year of the physical in GZ because of the fact that, being stuck in the interminable Black Hole, the physical timed out. Same thing with AOS. It took 18 months.

[Stats]

2.  K1 visa holders do not need a medical check-up by a civil surgeon, because it was already completed prior to receiving the visa.  My wife still has her x-rays from GUZ, which the immigration officer told me to bring to her AOS interview.

 

138862[/snapback]

Wrong, wrong ,wrong. As stated above, you must get an I-693 from an approved USCIS Civil Surgeon. It doesn't matter what she got at GZ, you still need to do this step for filing the AOS

139130[/snapback]

WRONG WRONG WRONG!!!

You only need the I-693 VACCINATION SUPPLAMENT. not the entire form

139168[/snapback]

Ok, shoot me, I left out "Supplement". You, of all people, should have known what I meant.

 

<comment deleted>

[cosmiclobster]

2.?K1 visa holders do not need a medical check-up by a civil surgeon, because it was already completed prior to receiving the visa.?My wife still has her x-rays from GUZ, which the immigration officer told me to bring to her AOS interview.

 

138862[/snapback]

Wrong, wrong ,wrong. As stated above, you must get an I-693 from an approved USCIS Civil Surgeon. It doesn't matter what she got at GZ, you still need to do this step for filing the AOS

139130[/snapback]

WRONG WRONG WRONG!!!

You only need the I-693 VACCINATION SUPPLAMENT. not the entire form

139168[/snapback]

Ok, shoot me, I left out "Supplement". You, of all people, should have known what I meant.

 

<comment deleted>

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Sorry for the contradiction.

Of course, I might have guessed what you were thinking, but you responded to a newbie who might not have known.

And you have to admit there is a big difference between the "form" and the "supplement"

[Eric Petersen]

Good info Carl!

 

Interesting though that we were not able to file AOS within a year of the physical in GZ because of the fact that, being stuck in the interminable Black Hole, the physical timed out. Same thing with AOS. It took 18 months.

hello please tell me what is the black hole is it GZ ?

 

my fiancee is going to try to get her visa from there soon. we just got I guess its called package 2 so she went to get all the things noterized.. she has mailed in the envelope with the return address so that is the steo we are on... can some one tell me if all goes well when she will get the visa and wen we can go to USA..??

 

also my biggest question is once we are in USA..

 

yes i know 90 days get married quick file the AOS so stay leagl..

 

please some one explain something about advance parol or if we want to come back to china for say a wedding there can we

 

 

or what or how can we go back to china maybe to work.. and with out any issues.. I am so new at all of this but this web site has been great,, so this will be my first test any one who has been threw these steps please let me know will ww be traped in USA.. or what do we need to do so we are not trapped and if so how long etc.??

 

thank to any oen for any adivse.. I am hoping to get married by Christmas time.. now may 28th is this realistc..thanks again eric and kayla

[Sebastian]

Eric - way back when (ca 2005 and a bit before) - the black hole at GZ (Guangzhou USA Consulate, IV UNIT) occurred because of the TIME it was taking to get name checks done. It was a mess - what now takes 1 to 2 months, took anywhere from 3 to 13 months THEN.

 

The 'name check debacle' is over, and IMO, when a person is up for the interview at GUZ, she should ASK during the interview IF the name check is complete.

 

The envelope that you mailed in, we call 'P3' here.

 

The 90 day window is solely 'to get married' - ie - from the POE date, she has 90 days in which to get married to you. There is no hard/fast rule for WHEN to file the AOS package.

 

Going back to China for work - she'll have to maintain usa domicile (as well as you, btw) and there's some 'duration' rules-o-thumb - usually if gone for 6 months, come back to usa for a month, return to china for another 6 months - well - that's on the edge of the envelope. Regardless of the 'duration outside o USA' - it's helpful if she has her greencard.

 

If you wanted to get AP solely to have a wedding in China - ok - but it's not immediate - figure 2 weeks to 8 weeks, depending on where the AOS package is filed.

 

Welcome Aboard !