Q on Status change

[romachko]

We finally got married on Jnuary 28.
My questions are:

(1) What is the time frame, within which she has to file the petitionm for adjustment of status?

(2) Is medical exam required for her again?

[Zoidberg]

... in response to Q on Status change, posted by romachko on Feb 16, 2005

romachko,

We just went through this and here's what we did.

We got married in August last year. It was at the 2 1/2 month point she was here. We filed AOS a week after we were married even before we got our certified marriage certificate. We took what we had. We also filed for her work permit as we did not do it when she came in. In San Diego they made her work permit there as we waited. When we filed the AOS they told us we needed to bring our certified marriage certificate to our interview. We also brought her shot record after we went to a civil surgeon to finish her shots. Everything looked good and they said our interview will be in about 9 months. At the time they gave us an appointment for finger printing in October.

Then in November we got a letter saying her interview was in early December. We were shocked it was so fast. Went in and everything was good except for the shot record. The civil surgeon was supposed to fill out a form and seal it. I guess they forgot... So the interviewer said everything was okay but we need to get this and send it in before anything can be done. We went in and got the proper forms and sent it back within a couple days of our interview. A few weeks later we got a letter saying she was approved and we can go into the local office to get the stamp in her passport. A few weeks later she got her 2 year green card.

It was fast and easy. If you have anymore questions feel free to ask.

Z

[romachko]

... in response to Re: Q on Status change, posted by Zoidberg on Feb 23, 2005

I have a question about immunization shots. My wife has a record of shots, which were given in Ukraine. Is this sufficient or does she need to go to one or more of the Immigration Office certified doctors here in the U.S.?

Also, she has allergy against some of shots. In addition she is now pregnant and some shots are dangerous to our malenki/malenkaya.

[Zoidberg]

... in response to Re: Re: Q on Status change, posted by romachko on Feb 23, 2005

My wife had a shot record from Ukraine as well but they would not accept that. Actually when we submitted the AOS the person that took our paperwork said the shot record was all we needed. When we went in for the interview they told us we needed the sealed envelope from the civil surgeon signing off her shot record.

As far as the shots go I was surprised but as an adult my wife did not need many. They also used her shot record and only gave her what she didn't have. I'm sure they will take into account your wife's pregnancy.

You have to use a civil surgeon listed on the BCIS website.

Z

[romachko]

... in response to Re: Re: Re: Q on Status change, posted by Zoidberg on Feb 24, 2005

Thanks for your info.

[T P Cornholio]

... in response to Q on Status change, posted by romachko on Feb 16, 2005

1) What is the time frame within which she has to file the petition for adjustment of status?

You must marry and file AOS within 90-days of her arrival to the USA, or she is required to leave the country.  However -- now that you are married -- if you are late, file immediately and don't leave the country.

2) Is medical exam required for her again?

Probably not (we didn't), now that she is here.

[Apk1]

... in response to Q on Status change, posted by romachko on Feb 16, 2005

1. The 90 day period is for marriage, there is an additional 6 month period after marriage to apply for AOS. After 6 months your wife will be out of status, and will be required to pay a penalty in addition to the AOS fees.
 (I filed for AOS 3 months after marriage with no problem)

2. There is no additional medical exam on a k-1 visa after marriage. However there will be additional immunizations required and will be indicated on your invitation to the AOS interview.  Make sure your wife has her shot records translated and then have your local doctor review and re-write them on the traditional yellow shot record. If she arrives with no shot record (as my wife did) then they will make her receive only the additional shots needed for AOS. It is no big deal, but the immunizations require a follow up visit to finish the required shots.

My wife and son just received their 10 year green cards in the mail last week....we are finally done with the whole INS bureaucracy.  In June my wife will file for citizenship,
and now we will take the paper work to the next level!

[romachko]

... in response to Q on Status change, posted by romachko on Feb 16, 2005

Thanks to all who have answered my questions. It really helps me becasue Uncle Sam's forms don't give all answers.

[Ray]

... in response to Q on Status change, posted by romachko on Feb 16, 2005

Did your wife arrive on a K-1 visa?

Technically, she is supposed to file for AOS before the end of her 90-day visa period, but she won’t have any problems if the adjustment petition is filed within a reasonable time after marriage (1-3 months?). I would file as soon as practical after you obtain a certified copy of the marriage certificate so that she will have legal status. It is normally a good idea to also apply for an EAD (work permit) and Advance Parole along with the adjustment petition.

She will not require another medical exam if it has been less that one year since her visa medical at the time the AOS is filed. If they send her paperwork that says she needs a medical exam, ignore it. She will need to submit a copy of her vaccination record that she should have received at her visa medical. If she missed any required shots at that time she may have to get them now.

Ray

[Bobby Orr]

... in response to Q on Status change, posted by romachko on Feb 16, 2005

Call the BCINS service center 800 number to be sure.  Ask them both questions.  I mailed in my adjustment of status packet about 90 days ago and have not yet heard a word from them other than that they received the application and that my wife required more fingerprints about 30 days after I mailed the petition in. I think it is best to 1.  file that petition within 90 days of marriage; 2. I do not believe the medical exam will be necessary for her again since she had to undergo an extensive exam in the FSU.  At a later date she may need more vaccinations.  In any event I would expect the BCINS to send you something most likely requiring more fingerprints within a month after you mail in the petition like they did for my wife.