Reason for medical RFE

[fedekat 0]

Today we received a notice of intent to deny in response to our RFE for a medical even though we had done the medical within less than a year for the K1 to enter. In my RFE I wrote a letter stating that we did not need the medical, per the instructions on the I-485 for K1 applicants with valid medicals.

The intent to deny was not all bad news. The letter actually explained why they wanted the medical again, it was not that they had lost our medical, as we had assumed, between the POE and now.

The actual reason was that the USCIS requires a TB skin test for the AOS as part of the medical, and my husband had only had a chest XRAY as part of his medical in Argentina! If only they had said this in the RFE we would have done it and sent it in. Now we will send in the TB skin test and be free and clear (let's hope)!!

So, I highly recommend if you are not sending in a medical done in the US with your I-485 that you make sure a TB skin test was done in your home country as part of the medical, or else sumbit it to avoid a RFE.

Good luck!

[Maintian 0]

Thanks for the information. But a lot of people have successfully had their GC without taking the TB skin test and some people like you got RFE for their medicals.

All i can say is that it all depends on the officer who is reviewing your case, I too received RFE for I-864 while some didn't all the same good luck

Regards

[motu 6]

  fedekat said:

Today we received a notice of intent to deny in response to our RFE for a medical even though we had done the medical within less than a year for the K1 to enter. In my RFE I wrote a letter stating that we did not need the medical, per the instructions on the I-485 for K1 applicants with valid medicals.

The intent to deny was not all bad news. The letter actually explained why they wanted the medical again, it was not that they had lost our medical, as we had assumed, between the POE and now.

The actual reason was that the USCIS requires a TB skin test for the AOS as part of the medical, and my husband had only had a chest XRAY as part of his medical in Argentina! If only they had said this in the RFE we would have done it and sent it in. Now we will send in the TB skin test and be free and clear (let's hope)!!

So, I highly recommend if you are not sending in a medical done in the US with your I-485 that you make sure a TB skin test was done in your home country as part of the medical, or else sumbit it to avoid a RFE.

Good luck!

Please be aware that a TB skin test may be positive for a reason that may need explanation and usually its explained with the X-ray! So your case is kind of reverse. I grew up in India where we were vaccinated against TB and so when I took a TB skin test (tine test) it was positive - to prove that I don't have TB - the place I worked (a hospital in Salt Lake City, Utah, USA) did an X-ray and then explained why my TB skin test was positive.

[Elmira 1]

Exactly!! That's what happened to us... before we sent AOS we called to USCIS and they told us that we need to do it over again due to 3 months validity of TB and HIV test + they told me that I had XRAY test only and they need skin test.. they didn't want to hear that I came within 1 year with K-1 visa pointing 3 months validity of HIV and TB test... that's why we went to local doctor certified by USCIS... paied $250... and sent a new sealed envelope.... and when i told about it here many people told me that USCIS people were wrong and i shouldn't do that... but I guess they are changing that rule for K-1 holders

[dolphin1 5]

in Morocco before the consulate interview i had the medical and vaccinations,i got 2 shots and they tokk some blood to analys and then i did chest Xray.they didnt give me any copy or record,but i got the seald envolop from the US consulate ,that envolop which we gave at the POE.i filed the AOS without the medical thing,will i get a FRE ?

[fedekat 0]

You might. But the problem is that they don't tell you in the RFE that they only need to the skin test- they just say you need a medical. So, you end up having to re=do the whole medical when all you needed was the one TB test--- wastes money and time, but if you get the RFE just send them the whole thing to be safe.

[fedekat 0]

Maybe the rule has recently changed? There is a low quoted stating you need to have a TB skin test in the letter.