application inside the US, questions

[jimmyb]

Hi,

my partner and i are looking down the barrel of concurrently filing our I 485 and I 130 after we get married, next week. we are both inside the US already.
she is a US citizen by birth and i am here on a tourist visa (through the visa waiver program). My visa is due to expire on the 4th of may and we are having trouble finding a doctor that has availability and could get my I 693, medical and vaccination record, finished in time to include with the other things.

In one or two places online i have found that after you concurrently file I485 and I 130 they will send you a request for further evidence, being the I 693, biometrics, etc. BUT in a bunch more places it seems to say that your I 693 has to be included in the initial package.

So we are unsure whether or not we can start filing all of this paperwork or not, as i have my visa expiring in a few weeks and dont think i could get the med exam done in time to include with our other forms.

Also, i called the USCIS to see if i can overstay my tourist status to do this and they seemed to say that i could, without a maximum allowable time or anything. I'm unsure as to how long i really have beyond the end of my status (though i shouldn't need anymore than a month before all of the paperwork goes in) and would like to find this somewhere in writing.

Lots of questions, if anyone could help with any of the above, that would be great!
Thanks in advance

[WhoDaDaddy]

Hi,

my partner and i are looking down the barrel of concurrently filing our I 485 and I 130 after we get married, next week. we are both inside the US already.
she is a US citizen by birth and i am here on a tourist visa (through the visa waiver program). My visa is due to expire on the 4th of may and we are having trouble finding a doctor that has availability and could get my I 693, medical and vaccination record, finished in time to include with the other things.

In one or two places online i have found that after you concurrently file I485 and I 130 they will send you a request for further evidence, being the I 693, biometrics, etc. BUT in a bunch more places it seems to say that your I 693 has to be included in the initial package.

So we are unsure whether or not we can start filing all of this paperwork or not, as i have my visa expiring in a few weeks and dont think i could get the med exam done in time to include with our other forms.

Also, i called the USCIS to see if i can overstay my tourist status to do this and they seemed to say that i could, without a maximum allowable time or anything. I'm unsure as to how long i really have beyond the end of my status (though i shouldn't need anymore than a month before all of the paperwork goes in) and would like to find this somewhere in writing.

Lots of questions, if anyone could help with any of the above, that would be great!
Thanks in advance

Firstly as you entered under the vwp you really should look to submit your application within the 90 days you are permitted to stay in the US. This will allow a certain amount of "protection" to removal proceedings.
Without a long winded reply I suggest you get moving with your application once you are married.
Remember you will have to satisfy officials that your intention upon entering were not to get married and apply for AOS.

I'm not quite sure what delays you have for the medical exam. There are countless civil surgeons in the USCIS contacts so surely you can find one. Unless you truly live in the middle of nowhere where access to one is proving difficult.
I contacted 5 Drs, 4 of whom were able to conduct the exam on the same day with one stating a 3 day wait. There are lots of clinics available.
I would strongly suggest having a complete submission which means including the I-693. You're correct you hear stories of some people receiving an RFE to submit it thereby "buying time". Others being told to bring it with them to the interview.
Each move you make is a personal choice and it's what you are comfortable with. Anything you do that goes against the guidelines set out by the USCIS may or may not lead to complications further down the line.

Take a considered approach and don't take the process lightly as a wrong move could have serious repercussions for you both (I'm sure you are by the way).
Good luck