problem with medical

[sethmichael22 0]

hello all!! Been a few months since I have posted anything. Here is my newest issue....and I am very frustrated because not sure where to go from here.

My fiance at the time was approved for her K-1 and she entered the US and we got married within the 90 days. This was back in the beginning of September. Because we didn't have the extra money to file for AOS until NOW, i am finishing up her AOS packet. Yes I know her I-94 has expired and she is in limbo state right now, as well as being "stuck" here in the US. I am putting together the AOS packet and noooowwwww I realize we are missing something.

My wife had her medical examination and all that and it was fine....but the physician never gave her a completed I-693; not only that, the envelope we have with her physical results was already open (doc never sealed it). If I am reading this all correctly, no way I can get her to be approved for AOS without that completed I-693 form from physician in Canada. 2 problems with this; #1, we live in Florida now (Canada is a LONG ways) and #2, if she were to hop back over to have another examination, she'd be stuck there until she got travel document/AOS.

WHAT DO WE DO???!!!!

[SapphireDreams 71]

Do you still have the medical in your possession? That should've been given to the agents when she crossed.

If it was handed over when you crossed, I'd write a letter with your AOS stating that the medical was completed less than 1 year ago and should be on file and should include her vaccination information.

If they are not happy with your letter (which likely they won't be because you don't have the vaccination worksheet) you will get an RFE for either a new medical or the I-693. At that point you can go to a local US Dr. to get a new medical done OR do the vaccination worksheet (whatever they ask for).

[pocheros 101]

The physician was merely supposed to give you a copy of the DS-3025 which is titled as "Vaccination Documentation Worksheet" (it may not say DS-3025 on it); most Canadians only get this sheet and submit this with AOS since if the medical exam is still less than one year old you are not required to get a civil surgeon to fill out anything. I have not done AOS yet so I'm not sure how it works exactly but I believe you're just supposed to fill out the first part of the I-693 yourself and then submit the vaccination sheet. It's also handy to submit the part of the instructions that says a new medical exam is not required if it's valid within one year.

It's odd, however, that her medical exam was not sealed and yet she was still approved at the interview. Normally this invalidates the results. I wonder if it matters, though, because it gets opened at the interview and then sent to USCIS, so how would USCIS know that it wasn't opened at the consulate? My guess is you can proceed with AOS normally.

Edit: yeah, you didn't state if you have the medical or not. If it's in your possession, then it's trickier and you might have to re do something. If USCIS has it, it seems alright. If the medical was handed back to you fiance at POE it was an error that the border crossing made, unfortunately.

Edited February 28, 2012 by pocheros

[sethmichael22 0]

ok this helps!

what I have in my possession:

x-ray

a paper from the doctor labeled CML Healthcare and it gives my wife's name, info including the doctor, type of exam, date of exam, passport #, film number

completed vaccination documentation medical worksheet two - this lists all the vaccinations and checks of my wife and the doc's signature.

The exam was in July, 2011 so it is within the 1 year timeframe.

Does this help at all? what to do from here?

[pocheros 101]

ok this helps!

what I have in my possession:

x-ray

a paper from the doctor labeled CML Healthcare and it gives my wife's name, info including the doctor, type of exam, date of exam, passport #, film number

completed vaccination documentation medical worksheet two - this lists all the vaccinations and checks of my wife and the doc's signature.

The exam was in July, 2011 so it is within the 1 year timeframe.

Does this help at all? what to do from here?

This is good. You do not have the medical exam in your possession, just a few sheets that your wife was supposed to get back anyways. I also got a cover sheet stating the name of the doctor, type of exam etc. and I recommend you also include this in your AOS packet.

You can proceed with AOS normally. You do not have to get the medical exam re-done. Not completely sure on how to to fill out the I-693 though (you don't need to fill out the entire form, I believe) so hopefully someone else will chime in.

Edited February 28, 2012 by pocheros

[SapphireDreams 71]

ok this helps!

what I have in my possession:

x-ray

a paper from the doctor labeled CML Healthcare and it gives my wife's name, info including the doctor, type of exam, date of exam, passport #, film number

completed vaccination documentation medical worksheet two - this lists all the vaccinations and checks of my wife and the doc's signature.

The exam was in July, 2011 so it is within the 1 year timeframe.

Does this help at all? what to do from here?

Okay you're in good shape. Just submit that worksheet with a letter that explains that you had a medical done in the past year and have also included a vaccination worksheet in place of the I-693. I don't think I even included the I-693 form at all and I was approved with no RFE.

Work case is that you get an RFE and have to find a local doctor who can complete the I-693 using your worksheet. Just keep a few copies of that worksheet just in case you get an RFE.

[ViviRobadey 1]

when she went to the interview, did she provide to the consulate a sealed envelope with her exams? I believe so. Also, as Pocheros said the doc was supposed to give a copy of the DS-3025 (board vaccination) to her. The exams she provided are valid for one year. The only thing you have to send now is a copy of the DS-3025.

Just check two things: 1st,take a look if her doctor checked a box which says "incomplete" in her DS-3025. My doctor did it (I don't know why) even though I had taken all the vaccines which were asked by the consulate ( I bet it had to be incomplete since some vaccines don't apply to our case). This caused a big trouble for me because I had to visit a civil surgeon here in the States and do a TB skin test and most Brazilians give a false positive to this exam since all of us took the BCG vaccine as babies. I had to do an Xray (which I had already done in Brazil) just to confirm I wasn't sick. I friend of mine who went to the same doctor in Brazil and had the same "incomplete" box checked, decided to send her AOS without going to a Civil Surgeon and received a RFE right after her NOA1. So, just to avoid future stress and also delays in the process, I would give some attention to it.

2nd: if her DS-3025 is complete, check the date the exams were done. If they are still valid I believe you guys won't have any problem or need to do another exam.

If not, she doesn't need to go back to Canada. She can do them here. Just look for an authorized civil surgeon in Florida.

[pocheros 101]

I need to correct that: Most people get the following boxes checked off "vaccination history is incomplete" "applicant may be eligible for blanket waivers because vaccinations not medically appropriate" THIS IS OKAY! It simply refers to a few vaccinations (for example, rotavirus) which are either only given to children or those over the age of 65. If she was approved at the interview her vaccinations are OK.

Unless there is concern for tuberculosis which isn't the case with most Canadians, you should be fine. Many are approved without going to a civil surgeon, it's pretty much unnecessary. You can also ditch the x-ray unless there was something specifically wrong with her lungs...

Edited February 28, 2012 by pocheros

[sethmichael22 0]

Thanks for those replies!

On her vaccination doc, under results, doc check the boxes which state the following-

"Application may be eligible for blanket waiver as indication above"

"Applicant may be eligible for blanket waiver (s) because vaccination(s) not medically appropriate."

Under that same area, there are two other boxes, neither of which are checked that say, "vaccine history complete for each vaccine, all requirements met" and "applicant does not meet vaccination immunization requirements for one or more vaccines and no waiver is requested."

So it looks like she is fine?

Do I sent the x-ray in addition to this vaccination record??

@pocheros thanks!! You must have been typing at same time as me haha

I think we should be all good.

Last but not least....am I making this whopper of a check out to Homeland Security like I did back at the beginning?

[pocheros 101]

Yes, she is fine. No, you do not need to send the x ray. You can throw the x ray out now. Or frame it and hang it on the wall

[SF2007 48]

Just submit that worksheet with a letter that explains that you had a medical done in the past year and have also included a vaccination worksheet in place of the I-693. I don't think I even included the I-693 form at all and I was approved with no RFE.

I concur, I never included a I-693 in my AOS application, just my completed and valid vaccination sheet (DS-2035). I did not include an explanation letter; they know your K1 medical is valid for 12 months. If your wife gets an RFE for her medical when adjusting, she can see a civil surgeon in the U.S.

If it says incomplete because the vaccines "are medically inappropriate" you don't need a new medical. You'll be fine. Same if you had your medical done out of flu season and didn't have that shot. Do make a copy of everything you are sending them. If you have an interview, you'll need your file on hand.

I would however personally keep a copy of that medical the custom officers should have have taken until your AOS is over.

[SapphireDreams 71]

Thanks for those replies!

On her vaccination doc, under results, doc check the boxes which state the following-

"Application may be eligible for blanket waiver as indication above"

"Applicant may be eligible for blanket waiver (s) because vaccination(s) not medically appropriate."

Under that same area, there are two other boxes, neither of which are checked that say, "vaccine history complete for each vaccine, all requirements met" and "applicant does not meet vaccination immunization requirements for one or more vaccines and no waiver is requested."

So it looks like she is fine?

Do I sent the x-ray in addition to this vaccination record??

@pocheros thanks!! You must have been typing at same time as me haha

I think we should be all good.

Last but not least....am I making this whopper of a check out to Homeland Security like I did back at the beginning?

Check the instructions on the forms for the correct name to put on the check! That's your best bet. And no xray - you can throw that puppy out!