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ACGeiger

We got a Medical RFE but I'm unsure why...

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Filed: K-1 Visa Country: Sweden
Timeline

Hey all,

I thought things were going smooth with our AOS until today. We got an RFE stating the following:

"A review of the records indicates that the applicant entered the US with a valid K-1 nonimmigrant visa. A review of all the applicant's USCIS records fails to reveal Form DS-2053, DS-3024, or DS-3026 and DS-3025. The applicant submitted a Form I-693 that contains only the completed section for vaccinations.

NEW FORM I-693: As such, the applicant is required to submit a new Form I-693, Report of Medical Examination and Vaccination Record, that is properly completed and signed. The newest version of Form I-693 includes the medical information as well as the vaccination record."

The funny thing is, we did submit all the information to the best of my knowledge correctly. We were working with a K1 and my wife went to a civil surgeon while in Sweden to complete all of her Packet 3 information. Her chest X-Rays were taken, vaccinations were done etc... After we were married in the US, we went to a civil surgeon (This guy to be exact: Dr. David A Williams, Williams Wellness Center) and he completed all the necessary paperwork there as well. He stated that since we still had the sealed records from Sweden done from the civil surgeon there, all he needed was a few more forms for us to sign and he compiled it for us. We took what was given and submitted it together with the forms from Sweden, as we were told.

SO, does it look like we have done anything wrong here? Our application was moved from its original location to Chicago. There, an RFE was issued based on money. We got a joint sponsor and sent in the paper work. No mention of the medical form was made in the first RFE. After we sent the first RFE in, our application was moved to California and, one month later, we get this form.

My specific questions are:

Could the transfer between 3 different field offices caused them to loose the I-693 info?

Is it worth trying to get a hold of someone and tell them they screwed up? Or, better yet, is it even possible to contact someone and tell them they screwed up?

Should we contact the civil surgeons and ask them what all they compiled for us or will they have already tossed our records?

Would the easier thing be to just go and do the medical information again and submit it?

Thanks for the help. Please let me know if anyone has ever experienced something of this nature before and what your recommendations are for us to move forward.

Tack så mycket!

Casey och Linnea

Timeline:

01-05-2008 - Met Linnea on the 5th day she was in the States

12-21-2008 - Linnea returned to Sweden

01-10-2009 - Joined Linnea in Sweden

06-15-2009 - Engaged!

06-22-2009 - Sent K1 Packet

06-29-2009 - Received NOA1

09-21-2009 - Received NOA2

11-06-2009 - Linnea Interviews

11-06-2009 - Received Notice stating we needed a waiver for 212(e) Student Visa

01-05-2010 - Went to Sweden to be with Linnea while we waited and to help with waiver

03-22-2010 - Linnea gets waiver for 212(e)!

05-16-2010 - Linnea enters into the US at Newark

05-22-2010 - Legally Married

07-17-2010 - Wedding in Savannah, GA.... so much fun

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Filed: AOS (apr) Country: Kenya
Timeline

Sooooo.....you never did get a DS-3025 from the clinic in her country? And if not, then that was not sent in along with teh 693 when you sent in AOS?

If not, then there is no record from a US based CS that asserts that you have the proper vaccinations for this country.

If no 3025, then sounds like you're going to have to do the full blown 693.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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It is certainly worth trying to get someone at USCIS on the phone. Also worth phoning up the civil surgeons and asking if they still have copies of your records.

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Filed: Citizen (apr) Country: Slovenia
Timeline

i was even told at infopass that if i took my medical less than a year ago, I dont need to send anything "medical" with AOS, I just need to include a note saying when i had my medical, that it's in my file, give them my A# and thats it

K1 JOURNEY
Sent I 129 F: Mid January 2010, they received it January 20th
Interview: June 21st...K1 VISA APPROVED
POE in MCO: July 22nd 2010

AOS JOURNEY
Sent AOS, EAD, AP: November 8th 2010
Delivered: November 10th
Check cashed, NOA1s received in text and email: November 16th
Touch: November 19th
Biometrics in Orlando: December 16th
Contacted congressman's office with inquiry to expedite AP: January 12th 2011
EAD approved: January 13th
EAD received: not sure, I was overseas, but I know it arrived between January 24th and 28th
AP approved - no update on USCIS; I was notified of approval by Congressman: January 13th
AP received: January 21st
Started job hunting: February 11th
Interview: March 7th @ 2.35 pm - GC APPROVED!
Received GC in mail: March 14th
ROC: December 8th 2012

ROC JOURNEY
Sent I - 751 packet: February 4th 2013
Packet delivered: Feb 6th
Check cashed: Feb 11th
NOA1 (dated 2/7/13) received: Feb 12th
Biometric appointment: March 14th

RFE dated July 15th received

RFE reply sent to USCIS Vermont Service Center: Oct 9th

GC approved, letter dated Oct 30th


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A lot of people have suffered from the "lost" medical. This RFE is clearly written about the problem, which is MAJOR props for the USCIS, because less than a year ago it would be very cryptic!

Several people have had success by contacting their congressperson or senator, and asking them to look into the matter for them. They have direct access to immigration officers whose sole job is to respond personally to congressional inquiries into immigration cases. It's better than ANYTHING you can get calling the USCIS by yourself. Find the names of your congressperson and two senators, and call their local offices. Ask to speak to the immigration liason, and then run your case past all three of them. Ask them if they would do an inquiry with the USCIS to make sure that the packet you returned at the port of entry was correctly associated with your file, and that they have indeed checked to be sure that your overseas medical is missing. Once you have talked to all of them (or found one you feel comfortable with), go forward with that ONE office and complete the privacy forms and a formal letter requesting they look into the issue for you. There will be one of three outcomes from this: 1. They will "find" your medical and continue with processing. 2. They will confirm the medical is missing, and you'll have to get the full medical (and pay all the money for it!), or 3. They will bypass the RFE and send it to an interview, where the interview officer will explain to you what is wrong, and issue another RFE. In our case, the RFE stated that the date on the medical was wrong, and the problem was actually that the CS had signed part 6 of the I-693 instead of part 5, so we fell into the 3rd category, and we got a lot more clarity from the IO when we were face to face.

If that sounds like too much work, just repeat the complete medical with a civil surgeon and pay the full fee and send that back with the RFE. Be sure to keep copies and respond with delivery confirmation (so they can't loose your response TOO!!!)

Anyway, hope you get things sorted with minimal problems and money expenditure.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: K-1 Visa Country: Vietnam
Timeline

The funny thing is, we did submit all the information to the best of my knowledge correctly. We were working with a K1 and my wife went to a civil surgeon while in Sweden to complete all of her Packet 3 information. Her chest X-Rays were taken, vaccinations were done etc... After we were married in the US, we went to a civil surgeon (This guy to be exact: Dr. David A Williams, Williams Wellness Center) and he completed all the necessary paperwork there as well. He stated that since we still had the sealed records from Sweden done from the civil surgeon there, all he needed was a few more forms for us to sign and he compiled it for us. We took what was given and submitted it together with the forms from Sweden, as we were told.

Can you please comment on the bolded text above? What does this mean? Did YOU have the sealed packet from the panel physician in Sweden containing the medical test results? That should have been in the big sealed envelope that was opened at the port of entry, and it should have been forwarded to USCIS by the CBP officer who opened the envelope. You shouldn't still have had this in your possession.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Citizen (apr) Country: Australia
Timeline
Can you please comment on the bolded text above? What does this mean? Did YOU have the sealed packet from the panel physician in Sweden containing the medical test results? That should have been in the big sealed envelope that was opened at the port of entry, and it should have been forwarded to USCIS by the CBP officer who opened the envelope. You shouldn't still have had this in your possession.

Concur. What's this about?

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