Application denied

[HeatDeath 430]

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.

This isn't actually technically true. The legalese on the forms I signed at my medical in Vancouver made it very clear, in no uncertain terms, that the panel physician who did my examination was doing this as a service for the Consulate, not for me - that he was not my doctor, that no doctor-patient relationship exists between him and me, and that he is not obligated to tell me boo about anything he finds. Their only obligation to anyone other than the Consulate is to notify the Canadian public health authorities if I am diagnosed with certain conditions, and then they might tell me. Furthermore, if I didn't like that, I could take a long walk off a short pier.

Don't get me wrong, the doctor and nurses were very nice and very professional. But make no mistake, they have no legal obligation to tell you anything about your medical exam findings.

[i did end up with a full copy of my medical anyways. The clerk at the consulate who handed me my visa when all was said and done (I don't think he was a full CO) told me specifically that "this envelope contains three copies of your medical. Ask the Border officer for one of them back when you enter the US". So I did, explaining tentatively that I was pretty sure I needed it for the AOS process, and he gave me one. USCIS obviously didn't miss it - my AOS was approved in 2 months with no RFEs or interview.]

[Kimbear 53]

This isn't actually technically true. The legalese on the forms I signed at my medical in Vancouver made it very clear, in no uncertain terms, that the panel physician who did my examination was doing this as a service for the Consulate, not for me - that he was not my doctor, that no doctor-patient relationship exists between him and me, and that he is not obligated to tell me boo about anything he finds. Their only obligation to anyone other than the Consulate is to notify the Canadian public health authorities if I am diagnosed with certain conditions, and then they might tell me. Furthermore, if I didn't like that, I could take a long walk off a short pier.

Don't get me wrong, the doctor and nurses were very nice and very professional. But make no mistake, they have no legal obligation to tell you anything about your medical exam findings.

[i did end up with a full copy of my medical anyways. The clerk at the consulate who handed me my visa when all was said and done (I don't think he was a full CO) told me specifically that "this envelope contains three copies of your medical. Ask the Border officer for one of them back when you enter the US". So I did, explaining tentatively that I was pretty sure I needed it for the AOS process, and he gave me one. USCIS obviously didn't miss it - my AOS was approved in 2 months with no RFEs or interview.]

Oh that is some nice information. I was kinda wondering how i could get a copy of my medical other than just the vaccinations. Good thing to keep in mind when i goe through POE next month.

[MRStee 19]

Here's an update;

We went down to the USCIS on Philadelphia and got things straightened out.

The lady who spoke to us said she gets about 3-4 people A WEEK who come down with the same problem that they get an RFE for an I-693 when they arrived on a K-1 visa. The advice she gives is to find the relevant section in the I-485 and I-693 instructions that states a K-1 applicant needs not to submit an I-693 if his medical is less than a year old. Highlight these part with a marker pen, and send it to whatever service centre you are dealing with as well as your DS-3025 and receipt from your medical if you have one.

It also turns out my wife and I made another critical error......

As far as the AOS package goes, it consists of the forms I-485, G-325A, I-864, I-765, I-131, and (possibly) the I-693.

The I-485 is known as the 'Application to register permanent residence or adjust status'.

The RFE we received stating that there was no record of my medical also stated above it that we submitted an incomplete I-485 and we needed to submit a completed I-485. We wrongly read the RFE as the missing pages from the I-485 meant the I-693 was the missing pages. Because the I-485 instructions states to send in the 4 (possibly 4) other completed forms, we took the the term I-485 meaning the WHOLE package and not the actual I-485 form.

As it turns out, we actually missed out pages 2 and 3 in the I-485 form.....

The USCIS lady said if we hadn't missed out pages 2 and 3 from the I-485, we could just send our service centre notification that an I-693 is not required from a K-1 applicant and that should have sorted it out.

As it turns out, we have to file the entire AOS package again........ at a cost of $1010!

We can't file to re-open the case (form 290B - $585) as we will probably lose that as our I-485 form was incomplete.

We are annoyed we got bad advice from the USCIS 1-800 number and that we were sloppy with our I-485 form.

it was good to read you post as i am about to submit our AOS. its good to hear another person who utilized the philadelphia branch so that if anything happens with us, i know what to expect. Thank you and good luck in your journey

[MRStee 19]

What a mess. I feel for you and your wife, Buster.

I hope your second attempt is successful and trouble-free. I'm just WAITING to hear that our medical got "lost" - I would not be surprised in the least, even though we did the whole I-693 civil surgeon yada-yada thing. I've already started to put money aside for a new medical, no joke.

I feel the same way

[MRStee 19]

Another quick update;

I managed to go see the Congressman's aide today who is dealing with my case.

I gave her the new RFE I received (which is the same as the last one except has a new due date) and asked her about what to do with the I-693.

I explained to her I have the DS-3025, the receipt for the medical, and a copy of my chest x-ray. The receipt and DS-3025 I have sent to the USCIS twice....

She is now aware of the new due date and is going to contact the director at the USCIS California branch about clearing this up. I suggested that the USCIS could just ring the place I had my medical at and get another copy. I would have rung them but I don't think they would release the results to me.

I'll update this thread as things progress.

No they won't. I asked the medical center in Jamaica to send me my husbands full medical and they said they couldn't because its property of USCIS.

I figure I have the work permit (which is the important thing) and there not going to boot me out of the country so why not get a decent resolution?

I'm not even asking for special treatment, I just want them to follow their damn rules that my wife and I have jumped hoops through to abide by.

Amen to that, and again im happy to see you keeping us update on your case because "knowledge is power!"

[MRStee 19]

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.

jamaica either

[buster2209 2]

Here's (hopefully) the final update.

The Congressman's office have been chasing my medical for weeks and I've been calling them or e-mailing them daily. The medical is a year old in about a weeks time. I had finally given up yesterday and booked a medical for next Monday and the USCIS were gracious enough to extend my deadline as that has now passed.

I then got an e-mail today from the Congressman's Office;

Dan,

I just received a call from the California USCIS office. Miraculously, they indicated that your case was reviewed and all the medical information was present. However, they still needed pages 2 and 3 of your I-485 application. I have a copy of your I-485 in the office and I sent scanned copies of these pages, which they indicated would be sufficient.

Therefore, the medical appointment that you scheduled for the 29th should be unnecessary. If all goes well, the case should be decided in the next few working days. I'll keep you updated if I get anymore information.

It's been a long ride, but it might finally be coming to an end!

Edited March 26, 2010 by buster2209

[Scott & LC 3]

Here's (hopefully) the final update.

The Congressman's office have been chasing my medical for weeks and I've been calling them or e-mailing them daily. The medical is a year old in about a weeks time. I had finally given up yesterday and booked a medical for next Monday and the USCIS were gracious enough to extend my deadline as that has now passed.

I then got an e-mail today from the Congressman's Office;

It's been a long ride, but it might finally be coming to an end!

Oh wow.... I just read your whole thread of this post and I find it so amazing. I myself had an RFE for medical and contacting the congressman really helped. I'm glad they helped in your case as well. Bravo for being so patient!!

[Nik+Heather 121]

Here's (hopefully) the final update.

...

It's been a long ride, but it might finally be coming to an end!

Buster, fantastic news!! What a great staffer at your rep's office too. Sounds like they really have it together. Hope to see your timeline moving to green card received soon!

[buster2209 2]

I got two envelopes today from the USCIS;

The first was to tell me I had been approved for the green card and was welcoming me to America. It also let me know my green card will arrive in 3 weeks.

The second was my green card....

Either way, it's happy days!

[VanessaTony 3,567]

I got two envelopes today from the USCIS;

The first was to tell me I had been approved for the green card and was welcoming me to America. It also let me know my green card will arrive in 3 weeks.

The second was my green card....

Either way, it's happy days!

Congrats!! Woohoo! Happy Easter for you!

[roseTX 0]

Here's (hopefully) the final update.

The Congressman's office have been chasing my medical for weeks and I've been calling them or e-mailing them daily. The medical is a year old in about a weeks time. I had finally given up yesterday and booked a medical for next Monday and the USCIS were gracious enough to extend my deadline as that has now passed.

I then got an e-mail today from the Congressman's Office;

It's been a long ride, but it might finally be coming to an end!

i am so happy for you buster, as we have the same problem with you guys too with our medical,,, so glad you guys made it.

[Rohini 0]

Congrats, Buster... I hope my situation that is somewhat like yours goes well too.

[Vivi6 12]

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.

Because they are a bunch of RETARDS. My Consulate actually gave me the results of the chest x-rays and the vaccination sheet. They didn't let me know whether the blood test was positive for syphilis.... I mean I should be pissed about the fact I was examined like the people who came on a boat to Ellis Islands in the 1800s but I decided to just laugh about it. Syphilis. Seriously when they told me what the blood test was for I was like "And I am even CHOOSING to move to this country "

[Vivi6 12]

Here's (hopefully) the final update.

The Congressman's office have been chasing my medical for weeks and I've been calling them or e-mailing them daily. The medical is a year old in about a weeks time. I had finally given up yesterday and booked a medical for next Monday and the USCIS were gracious enough to extend my deadline as that has now passed.

I then got an e-mail today from the Congressman's Office;

It's been a long ride, but it might finally be coming to an end!

Wow, least you can do is telling everybody to re elect this guy!!!!