filing aos and medical exam?

Old Feb 10th 2001, 4:20 am
  #1  
MissPNUTz
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hi..i recently married my american boyfriend while over here on a two week holiday.we
are getting ready to file the i130 and aos the one thing im worried about is that im
going to be about 3 weeks out of status by the time we file..and we have recieved a
letter from memphis ins when we got the paperwork saying that i need to file the medical
report along with the aos..trouble is we cant get an appointment til march and i would
like to know what to do i dont want to delay filing that long..im just worried that if
they reject the application because of that and im out of status that they will deport
me thanks for your help
 
Old Feb 10th 2001, 4:36 am
  #2  
Alvena Ferreira
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You will not be deported. Us citizens can request adjustment of a spouse, even if the
spouse is out of status...it says so right on the I-485 adjustment of status form. Another
common misconception is that you cannot adjust status from a visa waiver..again, it says
right on the form that there is an exception for spouses of US citizens. alvena tourist
visa adjustment pages here: http://www2.apex.net/users/thehydes/touristframes.html

MissPNUTz wrote:
>
> hi..i recently married my american boyfriend while over here on a two week holiday.we
> are getting ready to file the i130 and aos the one thing im worried about is that im
> going to be about 3 weeks out of status by the time we file..and we have recieved a
> letter from memphis ins when we got the paperwork saying that i need to file the medical
> report along with the aos..trouble is we cant get an appointment til march and i would
> like to know what to do i dont want to delay filing that long..im just worried that if
> they reject the application because of that and im out of status that they will deport
> me thanks for your help
 
Old Feb 10th 2001, 1:36 pm
  #3  
wendy
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My husband was out of status for much longer than that, and we just got his
conditional PR.

> hi..i recently married my american boyfriend while over here on a two week holiday.we
> are getting ready to file the i130 and aos the one thing im worried about is that im
> going to be about 3 weeks out of status by the time we file..and we have recieved a
> letter from memphis ins
when
> we got the paperwork saying that i need to file the medical report along
with
> the aos..trouble is we cant get an appointment til march and i would like
to
> know what to do i dont want to delay filing that long..im just worried
that if
> they reject the application because of that and im out of status that they
will
> deport me thanks for your help
 
Old Feb 10th 2001, 10:55 pm
  #4  
Grinch
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Posts: n/a
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I was 4 months out of status when I filed for AOS. I am a CPR now. Grinch

| hi..i recently married my american boyfriend while over here on a two week holiday.we
| are getting ready to file the i130 and aos the one thing im worried about is that im
| going to be about 3 weeks out of status by the time we file..and we have recieved a
| letter from memphis ins
when
| we got the paperwork saying that i need to file the medical report along
with
| the aos..trouble is we cant get an appointment til march and i would like
to
| know what to do i dont want to delay filing that long..im just worried
that if
| they reject the application because of that and im out of status that they
will
| deport me thanks for your help
 
Old Feb 11th 2001, 1:25 am
  #5  
ritapetrie
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As others have told you, and believe me they are experienced people telling you correctly,
you can be out of status without worrying about not being able to file a successful
petition for AOS. The only real problem with an overstay is if it is more than 179 day
(overstay problems start on day 180), you can be banned for a number of years if you use
advance parole to re-enter the US. INS does not cross check information and may give a
person applying for A/P the document even though they should not. So it is up to the
person using it to know if they should or shouldn't.

As for the medical, if it is really a concern for you, then try filing without it and
see what happens. If you are filing by mail and it is returned because you didn't
include the medical, then you haven't lost any ground since you still to wait for the
medical appointment anyway. Some INS offices will let it slide if they are taking more
than 15 months to schedule the AOS interview as the medical is suppose to be good only
for 15 months.

So my advice is try it. You have nothing to lose and will gain some peace of mind by
attempting to file sooner.

Rita

> hi..i recently married my american boyfriend while over here on a two
week
> holiday.we are getting ready to file the i130 and aos the one thing im worried about is
> that im going to be about 3 weeks
out of
> status by the time we file..and we have recieved a letter from
memphis ins when
> we got the paperwork saying that i need to file the medical report
along with
> the aos..trouble is we cant get an appointment til march and i would
like to
> know what to do i dont want to delay filing that long..im just
worried that if
> they reject the application because of that and im out of status that
they will
> deport me thanks for your help
 
Old Feb 11th 2001, 1:39 am
  #6  
Onigiri
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in message

> status by the time we file..and we have recieved a letter from memphis ins
Ouch !! The dreaded Memphis !! It will be nice if certain INS locations are banned from
AoS-work if they cannot do them by 180 days.
 
Old Feb 11th 2001, 1:44 am
  #7  
Jonathan_ATC
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Yes, but we are talking K-1's here, not I-130. The status of a person who files an I-130
is not the same as someone who comes on a K-1 and then doesn't marry the intended fiancé.
BIG difference here.

--
Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
advice, please consult with a professional immigration attorney.}

> My husband was out of status for much longer than that, and we just got
his
> conditional PR.

> > hi..i recently married my american boyfriend while over here on a two
week
> > holiday.we are getting ready to file the i130 and aos the one thing im worried about
> > is that im going to be about 3 weeks out
of
> > status by the time we file..and we have recieved a letter from memphis
ins
> when
> > we got the paperwork saying that i need to file the medical report along
> with
> > the aos..trouble is we cant get an appointment til march and i would
like
> to
> > know what to do i dont want to delay filing that long..im just worried
> that if
> > they reject the application because of that and im out of status that
they
> will
> > deport me thanks for your help
 
Old Feb 11th 2001, 6:41 am
  #8  
georgesgirl35
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Posts: n/a
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thanks everyone for the advise,we are going to file before the medical it seems that
memphis is terribly long winded ive heard about 3 yrs for interviews so i really dont know
why they rush for the medical anyhow..the ins helpline told us that we shouldnt have made
the medical appointment because the ins office have to arrange it...letter from memphis
contradicts this,and you cant get hold of memphis on the phone they just dont answer..i
will post progress hopefully it might give some information to others..
 
Old Feb 11th 2001, 8:28 am
  #9  
ritapetrie
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Posts: n/a
Default

FYI do NOT trust any advice given to you on the 1-800 number. The personnel are not
properly trained nor do they take into account that each local INS office operates
differently. What is acceptable to one is not acceptable to another. This NG and their
experience is fair better to judge the situation.

Rita
 
Old Feb 11th 2001, 11:58 am
  #10  
wendy
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Posts: n/a
Default

I'm so confused... I answered someone who said they married their boyfriend while
visiting... who was here on a k-1 and then didn't marry the intended fiance?

> Yes, but we are talking K-1's here, not I-130. The status of a person who files an I-130
> is not the same as someone who comes on a K-1 and then doesn't marry the intended
> fiancé. BIG difference here.
>
> --
> Jonathan _/ _/ _/ _/ K-1 Fiance Visa Immigration through to Adjustment of Status
> http://clik.to/getk1 K-1 & Adjustment of Status Links Page http://clik.to/K1andAOSLinks
> Newsgroup FAQ http://www.k1faq.com Arnaldo and Alvena's Fiance Visa Page
> http://www2.apex.net/users/thehydes/ Immigration and Naturalization Service
> http://www.ins.usdoj.gov {I am not a lawyer and this is not legal advice. For reliable
> advice, please consult with a professional immigration attorney.}

> > My husband was out of status for much longer than that, and we just got
> his
> > conditional PR.

> > > hi..i recently married my american boyfriend while over here on a two
> week
> > > holiday.we are getting ready to file the i130 and aos the one thing im worried about
> > > is that im going to be about 3 weeks
out
> of
> > > status by the time we file..and we have recieved a letter from memphis
> ins
> > when
> > > we got the paperwork saying that i need to file the medical report
along
> > with
> > > the aos..trouble is we cant get an appointment til march and i would
> like
> > to
> > > know what to do i dont want to delay filing that long..im just worried
> > that if
> > > they reject the application because of that and im out of status that
> they
> > will
> > > deport me thanks for your help
> >
> >
 

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