Answers from VSC director

[Gary and Alla 3,694]

Posted in the pinned topic at the top of the K-1 forum but I repost here for the benefit of those in the AOS forum where it is more appropriate. He is answering all my questions in several emails and I have to sort them aout and post where most appropriate but since the topic in K-1 is pinned I also put it there

Q 6. Though K visas are exempt from another medical exam if they have had one within one year, sometimes an intending immigrant arrives and does not have all their necessary vaccines. USCIS requires that they have the vaccines completed and the form I-693 signed off on by a civil surgeon. MANY civil surgeons will not sign off on the form without doing a full medical exam and charging many hundreds of dollars for this. $600 to $1000 is not unusual. It seems downright abusive to me. I always encourage people in this process to get whatever vaccines they need BEFORE arriving here.

A. Is there any other procedure to avoid this?

B. Can USCIS do anything to take control of what physicians can charge for this or forcing unnecessary and expensive medical exams on people?

Lena and Anya were both missing a shot or two when they got here. We just went to the county public health folks and made arrangements for them to get the shots and annotate a US shot record that the shots were given and they were then up to date. Some of these civil surgeons know that they have a license to steal and take advantage of it. The shots do not have to be administered by a civil surgeon. A county or state public health department should do.

Q 8. K-2 visas. Unfortunately our website as good as it is, has little information about K-2, K-4 and even CR-2 visas. I often give advice in this area just because I am one who has been through both the K-2 and K-2 Follow to Join process. (Which, by the way the local office in St. Albans was very helpful with) I think everyone understands the qualifying factors for each and I know they are different regarding when relationships were established, etc. But the question often arises about the age-out at 21. I have read of three federal court cases where K-2s were granted AOS that they had filed before they turned 21 but had turned 21 during the processing of the I-485. So, the courts ruled in their favor, for various reasons, but USCIS obviously argued the cases meaning they did not believe the persons were entitled to adjust status from a K-2. I often see the question...

A. Does the child of a K or CR beneficiary have to FILE the AOS before age 21 or be APPROVED for AOS before age 21?

B. Is there anything someone in this situation can do to assist USCIS in handling their AOS process?

This one is constantly being argued before one court or another. Congress passed the CSPA a while ago. Depending on who and how it is interpreted you will get different answers regarding "age out". I would most strongly recommend that the I-485 be filed prior to junior turning 21. Once again, wishy washy answer but we are talking about lawyers and gommint. (<---- direct quote)

[Mr. K 8]

I think I remember seeing this full interview somewhere on this site. Is it still available? This one, and the one with the USCIS director.

[Gary and Alla 3,694]

I think I remember seeing this full interview somewhere on this site. Is it still available? This one, and the one with the USCIS director.

Yes. Pinned at the top of the K-1 and I-751 forums. They each provide differnet information