RFE on I-693

[fitzee21 0]

Sorry, it's a long question, but I want to give as much information as possible and make sure that we submit everything the USCIS wants.

I have a question regarding a RFE for form I-693. We did submit the I-693 along with the transcription from a Civil Surgeon. However, it's asking for a RFE of a Class B1 TB Condition. The note reads:

MEDICAL EXAMINATION (FORM I-693)

NOTE: All medical examinations and vaccinations must be conducted and administered by a physician who is on the list of Civil Surgeons approved by USCIS. To obtain the names and telephone numbers of the designated civil surgeons for your area, please call the National Customer Service Center of the USCIS at 1-800-375-5283. You will be asked to provide your ZIP code. You may also access the list from the USCIS web site at www.USCIS.gov. Click on "Immigration Forms, Fees, and Fingerprints," scroll to Form I-693, click on the form, then click on "FAQ's" and go to the link for the "Civil Surgeon Locator." ALL medical examinations MUST be submitted in an envelope that has been sealed by the Civil Surgeon.

A review of the record indicates that you entered the United States pursuant to a valid K-1 nonimmigrant visa. All USCIS records relating to you have been reviewed.

CLASS B1 TB CONDITION: On DS-3026 medical report, your Tuberculin Skin Test and Chest X-Ray Report show a finding of Class B1 TB Pulmonary Condition and medical follow-up is required within 1 week upon arrival in the U.S. Please provide evidence to establish that you have had follow-up treatment for tuberculosis and that the condition no longer exists, or on-going treatment for your condition and that the condition will not affect your eligibility for the benefit sought.

According to the instructions on filling out the I-693 form:

http://www.uscis.gov/files/form/I-693instr.pdf

2. What if I am a K nonimmigrant visa holder and already had a medical exam overseas?

A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e), or as a

B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen, and

C. You received a medical examination prior to admission, then-

a. You are not required to have another medical examination as long as your Form I-485, Application to Register Permanent Residence or Adjust Status, is filed within one year of your overseas medical examination.

b. You will, however, be required to complete Part 1, Information about you, and submit the vaccination section of Part 2 with your adjustment of status application. A designated civil surgeon must complete the vaccination section and Part 5, the Civil Surgeon's Certification.

According to Section A and subsections a and b, we fulfilled those requirements - we had the civil surgeon fill out the forms and he showed them to us before they were sealed in the envelope. Nowhere on the instructions, from what I can see, mention that she needs to have another TB test.

Problems/Questions:

1. We didn't know this, so no, she hasn't had a follow-up appointment. My understanding was a K-1 isn't required to have a medical examination because they are not allowed to enter the U.S. until they are cleared by the hospital in Manila.

2. Is this grounds for rejection since she didn't have her checkup within 1 week of her arrival? From the looks of the note, it's not that big of a deal and as long as we fulfill the requirement by April 11, 2009 and they'll overlook the fact that it's 7 months after her arrival and not within 1 week of her arrival.

3. She was cleared by the hospital in Manila, which is licensed by the USCIS, so why is this necessary?

4. Will I need to refill and resubmit the entire I-693 form? Perhaps it's best to have a full medical exam performed or do we just need to provide a new transcription and proof of a TB test?

I'm confused, but, this is good news because it means they're working on our case.

Thank you in advance for any instructions.

[shakira08 0]

Just like me i am a Class B2 Tb condition (means Inactive). Upon arrival in U.S my local health clinic sent us a letter to report to health clinic to have further check-up of which i did, and I've had series of test which i did and most of it are negative except skin test w/c turns out positive. Anyhow, when i have taken my TD shot in a designated civil surgeon in my area, i notice that the "doctor" noted patient has a disease (maybe he noted that way coz' my skin test is positive). But i can prove to the USCIS that i am done my treatment becoz my local health clinic gave me a laminated card as an issuance to me that i finished my treatment, and i'm cleared.

I would suggest that u need to go back to your civil surgeon and inform them that USCIS gave you an RFE. And ask them to have skin test,if result is negative guess u need to ask the doctor to make a letter to prove that your wife is cleared from TB. Then that letter need to mailed together with your RFE letter. I am sure it will work out right. Goodluck!

[BobGie 0]

Hi,

Sharing my opinion...

1.) You are right, your wife is cleared from the medical/physical examination held at St. Luke's in the Philippines. But, she may have a health condition that requires follow up check here in the U.S. If you have received a letter from the Department of Health, that letter is supposed to tell you where you can go for your wife's follow up medical check up.

2.) Not sure if this will be ground for rejection, i hope anyone can help you with this concern.

3.) - The I-693 is a transcription of the DS-3025 that should be done by a civil surgeon. The follow up medical check up is a different issue. You need to go to a public health clinic that is assigned by the Department of Health to perform the follow up medical check up.

- You do not need to resubmit the I-693. The public health clinic (I think), coordinates with the department of health and they will know that your wife went for follow up check.

God bless.

[fitzee21 0]

Thank you both for the help. Yes, it seems that she only needs to have the TB test done again but we do not need to refill the I-693. I'm also going to call the USCIS for further clarification. I hope they can help.

Thanks again, my wife and I really appreciate it!

God bless po rin.