Civil Surgeon Kick-Backs !!

[FinallyWright 0]

On Tuesday, we were elected to join the growing list of people who have received RFE's for the elusive "missing" Medical file. Like every K-1 Visa entrant, my then fiance completed the REQUIRED Medical examination (9.13.10) prior to being granted the visa (10.21.10). The SEALED PACKET with his life history was handed over to the immigration officer at the NY POE on (12.7.10). We married 12.20.11 and filed AOS 3.7.11, because I was well aware of RFE's surrounding missing medicals, instead of just simply including a copy of his DS-3025 vaccination supplement in the AOS Packet, we went the extra step of having his immunizations transcribed to the I-693 by a Civil Surgeon here in ATL. But that was not enough, as our RFE letter reads...

QUOTE

A review of the record indicates that the applicant entered the United States with a valid K-1/K-2 non-immigrant visa.

A review of the applicant's USCIS records fails to reveal Form DS-2053,DS-3024,DS-3025 or DS-3026 which are the Department of State's medical examinations forms.

Note: Generally an applicant who enters the United States as a K-1/K-2 non-immigrant need not have the medical examination performed again when submitting the application to adjust status within 1 year of the overseas medical examination. However, when the original department of state medical examinations is not in the applicant's A file as is this case, there is no proof that the medical examination was performed. Without this documentation the processing and favorable adjudication of the application cannot proceed, and the application may be denied for lack of evidence

END QUOTE

As far as I am concerned, the medical forms had to be directly sent from the Panel Physician to the interviewing Embassy, they were reviewed and approved as sufficient to grant the K-1 visa. They were verified as included in the SEALED PACKET at the POE. Yet, in 90-days they have grown LEGS ??!!?? We all know the paperwork hoops we have to jump through in this immigration process. It would be no added surprise if USCIS's growing list of "TO - DO's, included another Medical Examination to be completed in the US for submission with the I-485 AOS Packet. By all means, if you want to give the Civil Surgeons here some kick-back money, be upfront and admit it!! Seriously, sending an RFE for documents clearly handed over to you, saying now that they cannot be found, is simply pathetic.

You have everything else don't you? Would the visa have been granted without the medical paperwork I!? I think not, so what other proof do you need? Or does the right hand not trust the left?

If we were to explore the notion that sometimes things get misplaced, the fact that so many of us have experienced the same thing, would speak to incompetence on the part of USCIS and it's employees and support the fact that obviously, this "recurring issue" is not being addressed. In no uncertain terms, this particular RFE has grown into a deliberate and calculated act in ensuring that we pay "extra-dues".

So our options now are to go the route of the Congressional inquiry - where USCIS will either say (a) Aha! Here it is - We found IT! Please ignore the RFE notice or (b) It's still "missing" and you still have to prove you're healthy and re-do the medical anyway. We have chosen to re-do the medical and send in the fully completed I-693, only in the interest of not delaying the process any further. It is sad that a Government organization has to resort to this level of "trickery" when they already have the authorization to do as they please.

[^KK^ 3]

I'm sorry that this has happened to you. I guess they feel they can change their processes up on people all the time.

[Caramel 3]

I'm sorry that this has happened to you. I guess they feel they can change their processes up on people all the time.

Sound like they screwed up but you might have too get a new medical done here to get the green card. It's a bumper but that is USCIS.

[ricel jake 1]

hi... i have the same problem as yours but the only difference is that i haven't send the AOS application yet.. i went to a civil surgeon today asked them to transcribed my vac record to I 693.. but the thing is, they do not certify me on the last part of I-693.. they just put the page 4 of I 693 inside the sealed envelop. (just 1page) and now i'am wondering if i will send it to the uscis without I693 certification,, more or less uscis will request further medical evidence... the CS what me to do skin testing and blood works in order for them to give me certification..

[Nich-Nick 3,354]

In no uncertain terms, this particular RFE has grown into a deliberate and calculated act in ensuring that we pay "extra-dues".

Deliberate and calculated??? .....ummmm probably not.

Civil Surgeon kick-backs?? ...don't think so.

Frustrating?? ...yes.

(Just my personal opinion)

[ttown3251 0]

Contact you local congressmans office, and have them contact NBC and pull the file showing the document.... We had an RFE for issue similar, stating the doctor didnt sign the document, our congressmans office had filed pulled, showed signature, and back to processing we went....

Hope this helps!

[FinallyWright 0]

Contact you local congressmans office, and have them contact NBC and pull the file showing the document.... We had an RFE for issue similar, stating the doctor didnt sign the document, our congressmans office had filed pulled, showed signature, and back to processing we went....

Hope this helps!

Thanks! We considered going the congressional inquiry route but the deadline they gave us to respond was June 9th and with not knowing how long a process that is, we just decided to re-do the medical and send in the I-693. It's the easy way out I know, but, we are tired of this process and just want to get on with our lives with no more back and forth delays.