Application denied

[franklocks 0]

Sorry to hear this. I wished I had seen this before you filed the RFE. It wouldn't have hurt if you had visited one of the local clinics to have your medical records certified by a practising officer, and attach to your RFEs.

Well it looks like I had a similar problem with the medicals at the conditional residency level. The officer delayed my approval because he wanted a recognised medical officer to ascertain that I have met all the medical requirements which I undertook in my homeland(K-3 visa). Indeed, he further stated that I will only have to mail it to the San Francisco office and not necessarily hand in. I obliged, went to one of these open-door clinics and the medical officer in charge took me through the process. He did ascertain my medical records ($50) and I forwarded that to the IO. I received a letter of approval the following week.

Cannot explain why they do some of these things. But as has been suggested, let's see what your congress men and women will do to help. My thoughts and prayers are with you.

Here goes, let me explain this as succinctly as I can;

After submitting the green card application (I-485), I got an RFE a few months later stating "There is no record of a complete medical exam in your file. Please submit a properly completed form I-693".

I called the USCIS 1-800 number and explained to them that;

1. We didn't have to file an I-693 because;
   a - I entered the country on a fiancé visa
   b - The medical I took in my home country to gain the fiancé visa is less than a year old.
   
2. Within the original green card application, I submitted the receipt I received from my medical exam as proof I had a medical done less than one year before we applied for the green card.
   
3. I HAD to have a medical in order to receive a K-1 visa! It's MANDATORY!!!!!!!
   

I was then advised to send a letter to the USCIS explaining this which I promptly did INCLUDING attaching a copy of my medical receipt and vaccination form AND the relevant pages from the instructions on filling these forms in that stated I didn't have to submit an I-693.

I then received a letter today saying that I failed to submit the evidence required (the I-693) by the deadline stated and my application has been denied. It states there is no appeal allowed against this decision and my work visa is terminated from the date of this letter.

The letter also states that if I can fill in a form to re-open the case........... wait for it ............ for a fee of $585!!! I will then probably have to shell out another $xxx to get a medical the law states I don't require.

Needless to say, my wife and I have made an appointment at the local USCIS office tomorrow to try and rectify this but don't have high hopes that this will solve the situation.

After that, it's down to the local Congressman's office. It is the last avenue we have before we have to shell out more money to get the case re-opened. According to what I have read on this forum, it appears there has been some success with contacting your Congressman. We are hoping because it is an election year, and he's a democrat looking for re-election, he will use his clout to sort this.

The utter ineptitude and lack of professionalism of the USCIS is simply astounding.

I am posting this to ask for any advice people may have and I will also post any outcome that occurs with the intention it may help somebody else down the road who runs into the same problem.

[buster2209 2]

Just another quick update;

I've been harassing the hell out of the the Congressman's aide ALL week.

The bottom line is this;

The USCIS blames the TSA for losing the medical and don't care about finding it. To them, it's lost and I need a new one. They did give me the option of wavering the medical and going to my local USCIS centre to have my case based without a medical. I didn't go for this as I don't want to get special treatment.

Bottom line is that I have asked the Congressman's aide to contact the medical practice in London where I had my medical done and to ask them to send a copy to the Congressman's Office. We will then send this registered mail to the USCIS. The Congressman's aide is going to contact the USCIS on Monday and see if this will be accepted in lieu of a I-693. I don't see why it wouldn't be.

Once again, I will update this thread as this debacle progresses.

[VanessaTony 3,567]

Just another quick update;

I've been harassing the hell out of the the Congressman's aide ALL week.

The bottom line is this;

The USCIS blames the TSA for losing the medical and don't care about finding it. To them, it's lost and I need a new one. They did give me the option of wavering the medical and going to my local USCIS centre to have my case based without a medical. I didn't go for this as I don't want to get special treatment.

Bottom line is that I have asked the Congressman's aide to contact the medical practice in London where I had my medical done and to ask them to send a copy to the Congressman's Office. We will then send this registered mail to the USCIS. The Congressman's aide is going to contact the USCIS on Monday and see if this will be accepted in lieu of a I-693. I don't see why it wouldn't be.

Once again, I will update this thread as this debacle progresses.

That's what i would have suggested too. Morons. **fingers crossed** for you

[Nik+Heather 121]

More cheering from our corner!! Go Buster!

[prettyunique 1]

Just another quick update;

I've been harassing the hell out of the the Congressman's aide ALL week.

The bottom line is this;

The USCIS blames the TSA for losing the medical and don't care about finding it. To them, it's lost and I need a new one. They did give me the option of wavering the medical and going to my local USCIS centre to have my case based without a medical. I didn't go for this as I don't want to get special treatment.

Bottom line is that I have asked the Congressman's aide to contact the medical practice in London where I had my medical done and to ask them to send a copy to the Congressman's Office. We will then send this registered mail to the USCIS. The Congressman's aide is going to contact the USCIS on Monday and see if this will be accepted in lieu of a I-693. I don't see why it wouldn't be.

Once again, I will update this thread as this debacle progresses.

[/quot

My husband and I are having the same problem with the medical. They requested that we submit the medical that was conducted overseas. Of course he does not have it. So in addition to replying to the RFE with a letter explaining that the medical was handed in at the POE and contactingthe senator's office, I contacted Knightsbridge doctors. They told me that they keep medicals for a year but they will only release it to the embassy if the embassy requests it. I emailed the embassy but I have not gotten a reply from them yet.

I hope the congressional inquiry will get your medical!

[TracyTN 237]

Just another quick update;

I've been harassing the hell out of the the Congressman's aide ALL week.

The bottom line is this;

The USCIS blames the TSA for losing the medical and don't care about finding it. To them, it's lost and I need a new one. They did give me the option of wavering the medical and going to my local USCIS centre to have my case based without a medical. I didn't go for this as I don't want to get special treatment.

Bottom line is that I have asked the Congressman's aide to contact the medical practice in London where I had my medical done and to ask them to send a copy to the Congressman's Office. We will then send this registered mail to the USCIS. The Congressman's aide is going to contact the USCIS on Monday and see if this will be accepted in lieu of a I-693. I don't see why it wouldn't be.

Once again, I will update this thread as this debacle progresses.

If they don't care about finding it, are you sure they'll care about London sending you a new one? Will be curious to hear their response.

I'd be inclined to just bite the bullet and get a new medical and make it easier. Though in principal, you definitely should not have to.

[TheCockyLockies 2]

Buster, Good on you for fighting on. Best wishes and goodluck.

My husband and I are having the same problem with the medical. They requested that we submit the medical that was conducted overseas. Of course he does not have it. So in addition to replying to the RFE with a letter explaining that the medical was handed in at the POE and contactingthe senator's office, I contacted Knightsbridge doctors. They told me that they keep medicals for a year but they will only release it to the embassy if the embassy requests it. I emailed the embassy but I have not gotten a reply from them yet.

I hope the congressional inquiry will get your medical!

I don't understand why they won't release your results to you. As the patient/client you have all the rights to obtain your own medical results. Also, they should have given you a copy of these results after the medical.

[Maria.S 1]

I read the whole thing and I must say...

GO BUSTER GO!!!

OMG! Your story is really inspiring.

My best wishes for you both, and I hope the USCIS doesn't give you more trouble than what it is!

[The_Sage1 2]

I just submitted my AOS petition quite recently and I didn't include the 693 form! It says right on the I-485 instructions that if you entered on a K-1 visa that you only need to submit the vaccination records form. I hope that the USCIS doesn't do the same thing to us as they did to you guys. I wonder if a lot of K-1 holders have had this problem. What course of action should I take if this happens?

[prettyunique 1]

Buster, Good on you for fighting on. Best wishes and goodluck.

I don't understand why they won't release your results to you. As the patient/client you have all the rights to obtain your own medical results. Also, they should have given you a copy of these results after the medical.

Well.... how they stated it was that thier contract is with the embassy and not the patient. So they can not interact with the patient on those terms. In london, Knightbridge doctors only give you the vaccinations supplement document not the results of the medical.

[Hell0W0rld 10]

If they don't care about finding it, are you sure they'll care about London sending you a new one? Will be curious to hear their response.

I'd be inclined to just bite the bullet and get a new medical and make it easier. Though in principal, you definitely should not have to.

agreed, technically you don't have to get a new medical, but right now the ball is in their court, so it's probably best to do what they ask you to do, this "fighting" will just bring you in circles... just get a new medical and finish this AOS process already, there is really no point in "fighting" who cares if someone here on VJ got lucky because they "fought" and won, just like in the K-1 process, everybody's case is different some people get's the easy way and some people don't, it is what it is...

[Nik+Heather 121]

agreed, technically you don't have to get a new medical, but right now the ball is in their court, so it's probably best to do what they ask you to do, this "fighting" will just bring you in circles... just get a new medical and finish this AOS process already, there is really no point in "fighting" who cares if someone here on VJ got lucky because they "fought" and won, just like in the K-1 process, everybody's case is different some people get's the easy way and some people don't, it is what it is...

Each couple can decide on their own what to do, and we can help them which ever way they decide. Some of us are fed up with the constant fees for all sorts of #######, and find it difficult to take fees which are completely unnecessary and actually duplicated like re-doing the medical.

[VanessaTony 3,567]

I just submitted my AOS petition quite recently and I didn't include the 693 form! It says right on the I-485 instructions that if you entered on a K-1 visa that you only need to submit the vaccination records form. I hope that the USCIS doesn't do the same thing to us as they did to you guys. I wonder if a lot of K-1 holders have had this problem. What course of action should I take if this happens?

The instructions actually say that you can submit the DS-3025 ONLY IF your vaccinations are complete. There's a tick box on the form that says "vaccinations complete". If that isn't ticked then you need a 693. A lot of people have thought they were complete when they weren't.

Edited March 9, 2010 by Vanessa&Tony

[The_Sage1 2]

If the vaccinations weren't technically completed at the overseas medical (ie at St. Luke's in Manila), wouldn't they have you and the civil surgeon there fill out the I-693? As far as I know they completed my wife's vaccinations overseas. All I did was what was instructed; include the vaccination form to send them.

[TracyTN 237]

Each couple can decide on their own what to do, and we can help them which ever way they decide. Some of us are fed up with the constant fees for all sorts of #######, and find it difficult to take fees which are completely unnecessary and actually duplicated like re-doing the medical.

Agreed. I was just throwing it out there as an option for the OP - a little more $ out of pocket to possibly avoid more bureaucratic hassle. Definitely a personal choice though, and I couldn't fault the OP for either decision.