RFE for Class B Condition - Any answers?

[Cori 0]

My husband apparently has a Class B medical condition because of his bipolar disorder. We didn't find this out until we received an RFE on our AOS. When he went to the civil surgeon in Rīga for his K-1 medical exam, the surgeon only told him to go see a psychiatrist within a week of his arrival in the States. Easy enough, I booked him an appointment a couple of days after our flight arrived at a local clinic (where he wound up with a great doctor!). We got married and filed our AOS on time. We even got transferred to CSC for speedier processing.

Now we've gotten an RFE stating that because he has a Class B medical condition, he must submit evidence that he was examined by a civil surgeon within one week of entering the States. We had no idea it had to be a civil surgeon!! There isn't anything anywhere about that and his examiner for the K-1 told him any psychiatrist. No one even told us that he had a Class B condition and we never got to see the records themselves (always sealed).

Has anyone else had this happen?? We're really worried that because we didn't book the right doctor that he'll be denied.

[Bobby+Umit 161]

Can't you go to a civil doctor now to answer the RFE?

[^KK^ 3]

Oh my...I hope someone here can hep.

[Cori 0]

  Bobby_Umit said:

Can't you go to a civil doctor now to answer the RFE?

Good question. I'm hoping that we can just bring the records from the doctor he saw to a civil surgeon and get whatever documentation they need on that basis, but the RFE is really unclear whether they'll accept it. It basically says that "Evidence of the follow up examination and clearance by the examining civil surgeon ... must be submitted."

I read it as one of two ways - 1: he was supposed to see a civil surgeon within a week to be cleared, or 2: he has to submit evidence of an exam to a civil surgeon and obtain clearance. I honestly can't tell and it's too late where I am to call anyone for answers.

[ding 1]

It might be a good idea to take this wait time and type exactly what the notice says, especially the timeframe.

[Cori 0]

  ding said:

It might be a good idea to take this wait time and type exactly what the notice says, especially the timeframe.

Here goes:

Additional Evidence Request - I-485 Application to Register Permanent Status

Medical Examination (Form I-693)

The Medical Examination that was conducted overseas as part of your K-1 Visa packet states that you have a Class B condition that requires a follow up examination within one WEEK of your arrival in the United States. Evidence of the follow up examination and clearance by the examining civil surgeon from any restrictions on the applicant's ability to support himself as a result of the Class B condition must be submitted. Therefore, please review the information below and submit the required evidence.

The medical examination shows a psychological reevaluation is required within one week of entering the United States.

I-693 Report of Medical Examination and Vaccination Record

Please submit a properly completed and signed Form I-693, Report of Medical Examination and Vaccination Record. The medical examination must be conducted by a physician who is on the list of Civil Surgeons approved by USCIS.

(It then gives some instructions on how to locate a civil surgeon.)

We have a month from the notice date to comply, so I'll be calling around town in the morning to find someone who can get my husband in on short notice, right after I get off the phone with USCIS customer service.

[Gary and Alla 3,694]

  Cori said:

My husband apparently has a Class B medical condition because of his bipolar disorder. We didn't find this out until we received an RFE on our AOS. When he went to the civil surgeon in Rīga for his K-1 medical exam, the surgeon only told him to go see a psychiatrist within a week of his arrival in the States. Easy enough, I booked him an appointment a couple of days after our flight arrived at a local clinic (where he wound up with a great doctor!). We got married and filed our AOS on time. We even got transferred to CSC for speedier processing.

Now we've gotten an RFE stating that because he has a Class B medical condition, he must submit evidence that he was examined by a civil surgeon within one week of entering the States. We had no idea it had to be a civil surgeon!! There isn't anything anywhere about that and his examiner for the K-1 told him any psychiatrist. No one even told us that he had a Class B condition and we never got to see the records themselves (always sealed).

Has anyone else had this happen?? We're really worried that because we didn't book the right doctor that he'll be denied.

Make an appointment with a civil surgeon ASAP. Send that doctors report along with a copy of the one you received from the doctor he did see within a week. I think they will reason your intent is to comply and they will have the information they need in any case. I do not know what the "return by" date is but it would be best not to waste time.

[Catt 6]

  Gary and Alla said:

  Cori said:

My husband apparently has a Class B medical condition because of his bipolar disorder. We didn't find this out until we received an RFE on our AOS. When he went to the civil surgeon in Rīga for his K-1 medical exam, the surgeon only told him to go see a psychiatrist within a week of his arrival in the States. Easy enough, I booked him an appointment a couple of days after our flight arrived at a local clinic (where he wound up with a great doctor!). We got married and filed our AOS on time. We even got transferred to CSC for speedier processing.

Now we've gotten an RFE stating that because he has a Class B medical condition, he must submit evidence that he was examined by a civil surgeon within one week of entering the States. We had no idea it had to be a civil surgeon!! There isn't anything anywhere about that and his examiner for the K-1 told him any psychiatrist. No one even told us that he had a Class B condition and we never got to see the records themselves (always sealed).

Has anyone else had this happen?? We're really worried that because we didn't book the right doctor that he'll be denied.

Make an appointment with a civil surgeon ASAP. Send that doctors report along with a copy of the one you received from the doctor he did see within a week. I think they will reason your intent is to comply and they will have the information they need in any case. I do not know what the "return by" date is but it would be best not to waste time.

I heard of a similar case a few weeks ago: Class B Medical condition; was disclosed at visa interview prior to US entry; visa holder did not go to a Civil Surgeon after entering country (because they did not know it was required); got RFE from CSC during the AOS stage. The applicant went to a Civil Surgeon immediately after receiving RFE.

She has in the meantime been approved and has received her Green Card. I therefore assume that you can still rectify the situation, but as the previous poster commented, do not waste any more time and go to Civil Surgeon.

[Cori 0]

I spoke to USCIS and the office of one of the local civil surgeons (the same one who helped with the vaccination supplement) this morning. USCIS was singularly unhelpful even though I was transferred to second-tier support. All they said was "send us whatever it says on the RFE, we don't know about anything else". Very frustrating and unenlightening.

The civil surgeon was more helpful. She advised us that she cannot do psych reevaluations anyway and would refer us to a local psych. She recommended that we take the I-693 form to his normal psych who saw him shortly after he entered the country, have him fill it out then return the form to her office so she could certify it. She didn't seem to feel medical records were necessary (though I requested them anyway, better safe than sorry when the records department continually says "legally, we have 21 days to respond so it depends") if his doctor was thorough in filling out his section.

So my husband has an appointment on in a couple of days, we hope to get everything back from everyone by Monday morning and can ship this back to CSC for the final determination.

[Cori 0]

Update.. for anyone else who has this happen.

Well, the civil surgeon we originally scheduled the appointment with turned out to be the county health coordinator. With swine flu making the news every night, she was swamped. So swamped that we never saw her. After the weekend passed, we gave up, retrieved our papers and went to another civil surgeon.

The new surgeon took a look at everything we brought and just sighed before apologizing to my husband for having to go through this. (She also told me I should have hired an attorney, but frankly, I think I got more out of the great info here than I would have out of an attorney.) She read through the RFE a few times and finally said that the most likely problem was the fact that he had had his K-1 medical exam in mid-September.

While we had submitted the I-485 application prior to the medical exam aging 6 months, they didn't process it until April. We paid $100 for a whole new exam (and in Latvia, he paid 100 Ls, the equivalent of $200!) with the labs and all. She promised to "do the report perfectly" and we picked up the completed exam results the following day. She kept the page with the referral to my husband's psychiatrist (who was a doll and wrote some great things about him) which I think was important as the psychiatrist stated the date of his first appointment. (This way, we can show a good faith effort that he had gone to see a doctor within a week of his arrival. We screwed up by not seeing the civil surgeon first to get a referral, but that's all.)

It's June 4th now, a week after CIS sent me notice that they received the documentation (and a week after it hit the mailroom). I just got the email from CIS that he's been approved for his green card! We're ecstatic and oh so relieved.