K1 Fiance Adjustment of Status Medical Exam?

[hatrick 1]

Hi,

I am working on the forms for adjustment of status for my fiancee from Mexico. I can't figure out if she needs another medical exam or what. The details are, she has "Blanket Waiver" on her visa and I have a vaccination worksheet document that is stapled next to number 1. Immunization Record with everything left blank except for the panel physician name, signature and date which is from the facility in cuided de juarez where she got her medical exam. There is no data written for each of the vaccine rows so does this mean she needs to get all these vaccinations before we can file for adjustment of status, or does it mean we don't have to? I'm totally confused can usually find stuff on the web but this I can't figure out. Also if she does have to get the vaccines I'm concerned because I have 3 weeks to get my adjustment of status paperwork sent to the chicago lockbox and not sure if that is enough time. Any info would greatly help! - Hatrick.

[Nich-Nick 3,354]

Hi,

I am working on the forms for adjustment of status for my fiancee from Mexico. I can't figure out if she needs another medical exam or what. The details are, she has "Blanket Waiver" on her visa and I have a vaccination worksheet document that is stapled next to number 1. Immunization Record with everything left blank except for the panel physician name, signature and date which is from the facility in cuided de juarez where she got her medical exam. There is no data written for each of the vaccine rows so does this mean she needs to get all these vaccinations before we can file for adjustment of status, or does it mean we don't have to? I'm totally confused can usually find stuff on the web but this I can't figure out. Also if she does have to get the vaccines I'm concerned because I have 3 weeks to get my adjustment of status paperwork sent to the chicago lockbox and not sure if that is enough time. Any info would greatly help! - Hatrick.

Juarez doesn't do immunizations for the K1 applicants, so you need to see a civil surgeon to complete the immunization part of the I-693. If she has any personal medical records of shots, she can get those recorded by the civil surgeon. She can get shots anywhere...Walgreens, the health department, family doctor, or the Civil Surgeon.

She does not need a full exam so call around until you find a civil surgeon who knows that. Some will insist. Also ask prices because they can charge anything they want. Show him the instructions for the I-693--

What if I am a K nonimmigrant visa holder and already had a medical exam overseas?

If you were admitted as a:

A. K-1 fiancé(e) or a 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; and

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

1. 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, and the medical examination did not reveal a Class A medical condition, or if you did have a Class A medical condition, you received a waiver of inadmissibility and have complied with the terms and conditions

From the I-693 instructions page 4, Section III. 2, c, 2

Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025)

was not properly completed and included as part of the original overseas medical examination report,

you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit the vaccination record and page 1 of Form I-693.

Good news--you don't have to file for AOS before the 90 days runs out. You only need to marry. Always good to file as quickly as possible, but sort out the immunization form first with a civil surgeon.

[TBoneTX 45,966]

*** Thread moved from K-1 Process forum to the main AOS/Family-Based forum -- topic concerns mechanics of the AOS process. ***

[hatrick 1]

Thank you so much for the reply, that was very useful information. Can you elaborate more on not having to have the AOS submitted before the 90 days runs out? - Hatrick

[Nich-Nick 3,354]

Thank you so much for the reply, that was very useful information. Can you elaborate more on not having to have the AOS submitted before the 90 days runs out? - Hatrick

Not going to elaborate. At least 3 years ago there was a very long thread hashing that subject out, citing laws, etc. There is nothing to be found in law that says a K1 visa requires anything more than marry in 90 days to meet the requirements of that visa. Experience shows that people who file after the 90 days still get the greencard. Some file a year later. But when past the 90 day entry and before the greencard or the AP travel document, dont go to Mexico or she has no documentation to get back in the US. Actually she has nothing now to get back in because the K1 visa is a one-time only entry.

Edited March 12, 2013 by Nich-Nick