CSC AOS transfer and RFE for Medical

[bamdame 0]

To all

This topic has come up several times in the last few months and there is a trend that seems to have started.

We just got our request for evidence for our I-693 (the actual medical exam not the supplemental vaccination exam) in our AOS process. We sent them a letter (as told by folks at the national hotline) stating their own rules and once again added a copy of the vaccination results and correcting an error of POE (Part 3) on the I-485 (we put San Francisco vs. where my wife actually went through US immigration in Vancouver). Now I’m worried that our case will be denied, which in turn will push my wife over the edge and possibly myself.

As an officer in the US military, this kills me that there is obviously an identifiable problem with USCIS. If this occurred in the military, YOU (ie, USCIS) would have to fix your own problem rather than penalizing other people and forcing them to correct your mistakes. Please answer and provide as much detail as possible to the questions below as I plan on getting in touch with my congressman and attempting to file a formal complaint with Homeland Security/USCIS in Washington, DC.

Outside of that it appears that someone at the CSC does not understand their own rules or when cases are transferred the Medical paperwork is not getting to the right folks.

1st – Does anyone know the exact USCIS process once you turn your paperwork in at the POE? Where does it go or where is it kept?

2nd – Is there any cases other then transfers to the CSC that have asked for RFE for medicals?

3rd – Does anyone have any numbers for the CSC where they have achieved successful contact with someone there. The number on our RFE was listed as disconnected.

4th – If a case is denied is there a way to overturn their decision? Example – Going to your local office on an info pass and talking to personnel?

5th – Is there a way to talk to anyone of higher authority at the national help line?

THANKS in advance,

Nick

[dirtyd301 0]

To all

This topic has come up several times in the last few months and there is a trend that seems to have started.

We just got our request for evidence for our I-693 (the actual medical exam not the supplemental vaccination exam) in our AOS process. We sent them a letter (as told by folks at the national hotline) stating their own rules and once again added a copy of the vaccination results and correcting an error of POE (Part 3) on the I-485 (we put San Francisco vs. where my wife actually went through US immigration in Vancouver). Now I’m worried that our case will be denied, which in turn will push my wife over the edge and possibly myself.

As an officer in the US military, this kills me that there is obviously an identifiable problem with USCIS. If this occurred in the military, YOU (ie, USCIS) would have to fix your own problem rather than penalizing other people and forcing them to correct your mistakes. Please answer and provide as much detail as possible to the questions below as I plan on getting in touch with my congressman and attempting to file a formal complaint with Homeland Security/USCIS in Washington, DC.

Outside of that it appears that someone at the CSC does not understand their own rules or when cases are transferred the Medical paperwork is not getting to the right folks.

1st – Does anyone know the exact USCIS process once you turn your paperwork in at the POE? Where does it go or where is it kept?

2nd – Is there any cases other then transfers to the CSC that have asked for RFE for medicals?

3rd – Does anyone have any numbers for the CSC where they have achieved successful contact with someone there. The number on our RFE was listed as disconnected.

4th – If a case is denied is there a way to overturn their decision? Example – Going to your local office on an info pass and talking to personnel?

5th – Is there a way to talk to anyone of higher authority at the national help line?

THANKS in advance,

Nick

Hey!!! This situations sucks but I think that it will work itself out. As far as your questions I don't know much about this. I would like to know where all our envelopes go myself but what I think is that they are all sent to Chicago. Then when they receive the application they review them both. I think this because my K1 case was actually touched like a week and a half after a touch on my AOS so they are looking at them.

I don't think that CSC transfers are the only ones to get medical RFEs. That can happen with any case.

I think that you can only contact CSC through email. I could be wrong but I to get any kind of live person you have to contact the USCIS number.( which is like going into an oblivion!!) At the national helpline I think that the highest autority that you can get is an actual immigration officer compared to a customer service rep. If your case is denied I am sure there is a way to overturn it and an info pass appointment is a good way to start. They cannot punish you for being overseas. It is your right as an American to marry whomever you want and if they need to make exceptions for you then they will have to if not you can take it to court.

So this is my look on your situation I could be wrong about some things so I hope that you get different opinions but I hope this helped a little! Good Luck!

Diana

[KarenCee 3]

Making an InfoPass appointment might be helpful at this point. I wish I could be of more help though. I am so sorry to hear about the problems with all this...hope they get resolved soon.

[Kez/JWolf 6]

If they have asked for a new medical get it done.... if you fail to do so you WILL be denied there are others on here that tried to argue the point about the rules and they are now having to either file for a motion to re-open their case (can take longer than the AOS did) or the quicker option is to start all over again....

Do a search for others that have been asked for medical....

Kezzie

[bamdame 0]

Kezzie

I agree. I'm a little worried. The only thing is principal. The government has to be more responsible than this and forcing people to spend hundreds more is not right. The system here is broken. I'm in the military and if this occured in my line of work it would not be stood for. It is plan wrong.

Anyways, I think I may have discovered the problem. In part 3 of the I-485 we put down San Francisco as my wife’s POE (it was her first stop in the states) but in reality it should have been Vancouver as that is where she went through immigration.

[Kathryn41 3,205]

I was told when I handed my envelope over at my POE that it would be forwarded to the local office that has jurisdiction over my intended address - in this case, Atlanta. That office would then be responsible for ensuring I did indeed complete the terms of the K-1 visa - marry within 90 days and file for AOS. My file certainly was in Atlanta for quite some time until it was transferred to California for processing.

I would suggest making an infopass to discuss your situation with immigration authorities. It could be that your file documents have become separated from each other so that the medical is sitting off by itself on someone else's desk. I have seen a number of denials given because people have responded to an RFE for the medical by stating they already provided it at the K-1 and don't need to provide a second. An appointment can let you know if this is the situation, in which case it certainly behoves you to redo the medical rather than risk a denial. And yes, it is their fault and no, you shouldn't have to pay for their mistakes, but they don't take responsibility so you may well end up morally right, but still denied.

Edited August 6, 2006 by Kathryn41

[bamdame 0]

Thanks Kathryn!

I understand the risks (and boy I'm worried), but I just can't sit back and accept USCIS pushing people around. Plus my wife will refuse to get another exam. The national helpline is going to be very annoyed with me or the next weeks + I'm calling my congressman tomorrow + faxing a complaint to the head of the CSC.

[Kez/JWolf 6]

Your wife refusing to have another medical and all the complaining in the world wont change the RFE... yes it is wrong.... yes they #### up all the time.... it would be far better to get the medical send off the RFE then fight your corner with USCIS and Congress....

There have been too many denials because of people saying USCIS is wrong... Please dont be one of them...

Kezzie

[Milva 0]

My situation is similar.... We just received a RFE HOWEVER it was not for the medical but because I failed to fill out 2 areas in the application.... THAT is what I am assuming since all they stated on the RFE is to complete the I-485...

These are my questions... I did miss 2 questions and I am hoping that this is the reason for the RFE HOWEVER I was told by the immigration customer service rep when I was assemblying the AOS Application that I did not need to complete a 693 due to the fact that it was already submitted in the embassy and the POE... I am scared now since it appears that since the 693 is PART OF the I-485 they are reffering to the 693 instead of the 2 missing questions... I am also scared to submit the 693 due to the fact that we do not have any copies of the vaccination records since they were provided to my husband in a sealed envelope...

PLEASE HELP ME.....I do not know what to do...

[bamdame 0]

Milva

What did the RFE exactly say?

[Milva 0]

Milva

What did the RFE exactly say?

It just said to complete the I-485... no mention of the medical form however when I read the instructions of the I-485 which has been updated from the original date it mentions the 693...

THANKS

[Kez/JWolf 6]

The RFE will be asking you to answer the 2 questions that you missed.... you must put some sort of answer even if its only NONE....

Hope you get back on track real soon.....

Kezzie

[Reba 2]

And yet here I am, one of those ones who fought USCIS and their stupid medical RFE and successfully completed AOS without having to endure a second medical exam.

Call your State Senator's office and spead to the immigration liase, tell them the situation and I'm quite certain they'll be familiar with it. It happens more than we'll hear on VJ!

I fought it tooth and nail, because like you I abhore the government not playing by their own rules. The senator's immigration liase worked for weeks with USCIS and finally called to ensure me that I would not have to have a second medical (which would have cost me over $400 here in my area) as they had "misplaced" the file, but then relocated it.

You really do have to work with the immigration liase's office with your Senator. We never did bother with the Governor at all, I don't even know if they have anyone that works with immigration problems. Try the Senator first.

Once I had response from the senator's office (which took a few weeks, and we were getting close to our deadline) I replied to the RFE with this letter below:

Enclosed is a copy of the Request for Further Evidence (RFE) received from your offices dated May 4, along with a duplicate copy of my medical exam results from Dr. Seiden’s office in Toronto.

As a K3 beneficiary, I had to have the medical exam prior to applying for the visa, in order to be granted the K3 visa. Further, the rules state that for a K3 beneficiary to apply for Adjustment of Status (AOS), if the application for AOS is submitted less than one year after the K3 medical, then another medical exam is not necessary. My medical exam was completed in August of 2004, and my AOS application submitted in April of 2005. All of my vaccinations are also up to date, and documentation is included with the original medical exam. The medical exam results envelope was turned over at the POE inspection when I entered the US on October 11, 2004 and should have been forwarded to the appropriate office by DHS employees.

After receiving this RFE, we spoke with Bob Meek at Senator Elizabeth Dole’s office (R, NC) who assured us that after some investigating by their office, my medical record envelope had been located by USCIS, and that a second medical exam would not be required.

I trust that this duplicate copy, and the assurance from Senator Dole’s office that a second medical is not necessary, will satisfy the requirements of this RFE.

If you want to fight it, it is a winnable situation. Others have not had the same results I did, as stated above. However I don't know how they went about fighting it. Just writing a letter telling the USCIS that they're stupid won't cut it.

[rebelheart 0]

Heya Kezzie,

I just have a question, in RFE they put the address where u will send it right? its in P.O. Box so it means i cudn't send it thru private courier??

wat happened to my RFE is , sent my reply last friday by USPS by overnite so i am expecting its there already, but i dont know why...when i checked the USPS website they said ..they left notice & waiting for 2nd attempt, in lees summit , MO 64081 ( i was wondering... WHAT!!!??? ) i send my docs to MO 64064 ....

Is there a way i cud send my RFE reply via private courier like FEDEX.. what address i will use???? info's will be appreciated.

Thanks peeps

- rebelheart

Edited August 7, 2006 by rebelheart