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Filed: K-1 Visa Country: Peru
Timeline
Posted

Hi,

I'm finding conflicting information on here and other sites about how to manage the medical/civil surgeon portion of the AOS process. My wife came in recently on a K-1 visa, she did the required medical exam in Lima, Peru two months ago and gave the sealed envelope containing the results to the embassy. She's never seen the results, but they were apparently acceptable, and she does have a copy of her vaccination history. I understand that she doesn't need to have another immigration exam, but she needs to do something to get her vaccinations validated. (Right?) A few threads here seem to say that, so long as she has a copy of the vaccination history, she doesn't even need to go to a civil surgeon at all, but most of what I've read suggests that she still must, even though all they'll do is put her history form in another envelope and seal it.

Is a civil surgeon appointment necessary? Most of the offices I've called don't even know the process for K-1 visas and insist that my only option is to do another full exam, costing hundreds of dollars. Given that there are no civil surgeons within 90 minutes of where we live and I'll almost certainly have to take time off of work to do this, it is a huge inconvenience and expense even if they don't insist on subjecting my wife to an unnecessary second examination, compounded by the fact that they don't really seem to know what they're talking about, at least when it comes to K visas.

Assuming the visit is necessary, what exactly happens there? What do I say to them to convince them just to validate the vaccinations, rather than doing another full examination? Will they give me the results then and there, or will we have to wait for them to be sent to us? If I'm unable to schedule an appointment and/or get the results before the 90 day window is up, should I submit the AOS documents late or send them in without the civil surgeon's form and mail that later under separate cover?

Thanks for all your help!

Posted (edited)

Quoted from here: http://www.visajourn...aos-in-the-usa/

When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need I-693.The instructions to form I-693 say: What if I am a K nonimmigrant visa holder and had a medical exam overseas?

If you were admitted as a:

A.K-1 fiancé(e), or K-2 child of a K-1 fiancé(e), or as a

B.K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S citizen

C.You received a medical examination prior to admission, then

a.You are not required to have another medical examination as long as your form I-485 Application to Register Permanent Residence or Adjust Status,is filed within one year of your overseas medical examination

b.You will, however, be required to complete Part 1,information about you,and submit the vaccination secton of Part 2 with your adjustment of status application. A designated civil surgeon must complete the vaccination section and Part 5 the Civil Surgeon’s Certification

Here's where it gets tricky! Some people have submitted a DS-3025 (obtained overseas at your medical documenting your vaccinations) with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination part. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

http://www.uscis.gov...edExt011106.pdf

The civil surgeon should give you an I-693 documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package.

Edited by mebbe

Adjustment of Status from H-1B, Family-Based
07/26/2012 - 10/18/2012: 85 Days from Application Received to GC Received.
Removal of Conditions
07/22/2014 - 11/14/2014: 116 Days from Application Received to GC Received.
Naturalization
02/03/2016 - 05/31/2016 : 119 Days from Application Received to Oath Ceremony.

I am a United States citizen!

Posted (edited)

Quoted from here: http://www.visajourn...aos-in-the-usa/

When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need I-693.The instructions to form I-693 say: What if I am a K nonimmigrant visa holder and had a medical exam overseas?

If you were admitted as a:

A.K-1 fiancé(e), or K-2 child of a K-1 fiancé(e), or as a

B.K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S citizen

C.You received a medical examination prior to admission, then

a.You are not required to have another medical examination as long as your form I-485 Application to Register Permanent Residence or Adjust Status,is filed within one year of your overseas medical examination

b.You will, however, be required to complete Part 1,information about you,and submit the vaccination secton of Part 2 with your adjustment of status application. A designated civil surgeon must complete the vaccination section and Part 5 the Civil Surgeon’s Certification

Here's where it gets tricky! Some people have submitted a DS-3025 (obtained overseas at your medical documenting your vaccinations) with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination part. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

http://www.uscis.gov...edExt011106.pdf

The civil surgeon should give you an I-693 documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package.

There was a thread here time ago with civil surgeons for several states. Can't find it but you might want to search. Your profile doesn't say where you are, but FYI, we did the transfer of the DS3025 to the 693 in Denver, at a cost of $10.00; as the prior post says, many civil surgons want to talk you into a complete exam and want to charge into the hundreds.

In Houston, where we live, I found someone to do the trasnfer for 25. We just happened to be going to Denver so we did it there. You can do it with any civil surgeon, not required to be one at your city/state

Edited by Gosia & Tito
  • 1 month later...
Filed: K-1 Visa Country: Peru
Timeline
Posted

Hi,

I'm finding conflicting information on here and other sites about how to manage the medical/civil surgeon portion of the AOS process. My wife came in recently on a K-1 visa, she did the required medical exam in Lima, Peru two months ago and gave the sealed envelope containing the results to the embassy. She's never seen the results, but they were apparently acceptable, and she does have a copy of her vaccination history. I understand that she doesn't need to have another immigration exam, but she needs to do something to get her vaccinations validated. (Right?) A few threads here seem to say that, so long as she has a copy of the vaccination history, she doesn't even need to go to a civil surgeon at all, but most of what I've read suggests that she still must, even though all they'll do is put her history form in another envelope and seal it.

Is a civil surgeon appointment necessary? Most of the offices I've called don't even know the process for K-1 visas and insist that my only option is to do another full exam, costing hundreds of dollars. Given that there are no civil surgeons within 90 minutes of where we live and I'll almost certainly have to take time off of work to do this, it is a huge inconvenience and expense even if they don't insist on subjecting my wife to an unnecessary second examination, compounded by the fact that they don't really seem to know what they're talking about, at least when it comes to K visas.

Thanks for all your help!

My fiancée from Peru was examined in Peru, was given the sealed envelope containing DS-3025, but not given a copy of DS-3025. Upon arriving in the US on August 2012, the US Customs officers took the DS-3025 stating that it would be forwarded to a public health agency for review and no further follow up with the civil surgeon would be needed. That certainly added more confusion. The Customs officers did kindly make a photocopy of DS-3025 for us upon request. The suggestions here about going to a public health clinic to make sure all of the required vaccinations (including the annual flu vaccine) are complete seems sound.

Do everything you can to keep from getting hosed economically. Ask the consulate in Lima for a copy of the DS-3025 and/or the physician in Lima who did the exam for a copy from your fiancée's archivo/file (you paid that physician enough money). Take a copy of section of the I-693 instructions stating that all you need is the vaccination section filled out in order to keep the US Civil Surgeon from hitting you with another exam fee!

The 90 minute trek seems unreasonable, as does paying $250 for an I-601 waiver (if applicable). What do you think about making an infopass https://infopass.uscis.gov/info_lang.php?sel_lang=en appointment with the local USCIS office to speak to a supervisor about the lack of local civil surgeons?

Make sure that you do not allow the 90 day period for requesting AOS lapse. Submit what you have in a timely way to preserve a filing date and at worst only get a RFE.

As a matter of last resort, do you think that your local Senator or Congressperson could be helpful to you in getting resolution from USCIS such as appointing a local public health office as your civil surgeon? This latter point is reasonable as only the vaccination form needs to be completed. Stay strong.

May 14, 2011 Mailed K1 Petition to Lewisville, Texas Lockbox

May 18, 2011 Notice of Receipt via email

May 18, 2011 Notice Petition forwarded to California Service Center

May 19, 2011 Notice of Receipt from Laguna Niguel, California, Service Center

August 2, 2011 Request for Evidence

August 31, 2011 Evidence tendered to Laguna Niguel, Service Center

September 14, 2011 Notice of Action, "Petition approved."

September 29, 2011 Notice Petition forwarded to embassy in Lima, from National Visa Center, Portsmouth, NH,

October 3, 2011, email sent to embassy in Lima, re: change of address for fiancée.

October 5, 2011 email response from embassy in Lima, re: procedure for change of address

October 22, 2011 received packet from embassy in Lima with Nov. 2, 2011 appointment date.

November 2, 2011 finacée interviewed by consular staff in Lima.

November 2, 2011 Yellow sheet issued requesting more information.

 
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