Medical Expired during Adjustment of Status/August 2012 Filer

[RickJovi 81]

Okay I am back again and pissed off more than ever at USCIS. To make a long story short I got my Congressman's Office involved after getting the run around. My wife's priority date for her AOS is August 27, 2012. The congressman's office found out on May 7, 2013 that my wife's AOS petition was in the interview waiver pile. On June 7, 2013 they called again and it was in the hands of an adjudicator. I contacted them today and they informed me that the NBC said it was now sent to the local field office and that a possible interview was now needed. They should have saved us the run around and sent it 4 months ago when we could have interviewed at the local field office based on the processing of priority dates. They have held onto her AOS petition for 10 months and 20 days and her medical exam expired around May 22, 2013 because of USCIS dragging their feet. My biggest fear is that they will say at the interview if we are interviewed, which is probably 100% guaranteed is that "Oh your wife's medical is expired, get it done and come back at this date with it." Of course we have to go to their civil surgeon which is not covered by my medical insurance and will be another unnecessary expense caused by their incompetence. What compounds this is the fact that she is having our baby around September 4, 2013. I know my packet was front loaded and complete. I just know they are going to use her medical that expired during the AOS processing. So I guess what I want to know from others that may have been in my same boat with the medical expiring while USCIS was processing the AOS petition is did anyone have to have their wife redo their medical or did the clock stop once the petition was received and the medical was still valid. Anyone who has knowledge or experience with this please let me know. Also what kind of questions can we expect at her AOS interview? Thanks.

Rick

[chrismanilyn 4]

Wow...I didn't even think of the medical expiring before AOS granted. I'm going to watch this for our own situ....

[kayceeandtim 0]

I had the same situation with u not too long ago. I was told that my documents is at the local field office after 10 months and a week and said that I should receive my appointment notice within 30 days about my interview. I was pissed off too. And I'm pretty sure my medical is about to expired having my medical done 4 months before sending the aos.. And voila after 2 or 3 days my case status changed to card production. No interview. No rfe. So my advice is don't believe in whatever they say. It is possible though but not 100 percent.

[Rackadelic 0]

Someone can correct me if I'm wrong but I dont believe that theres such a thing as your medical expiring if you start your aos within a year from the date that the medical examination is done. It only has to be current when you do file the I-485. You only have to worry if they loose the documentation.

[agrabs 241]

Someone can correct me if I'm wrong but I dont believe that theres such a thing as your medical expiring if you start your aos within a year from the date that the medical examination is done. It only has to be current when you do file the I-485. You only have to worry if they loose the documentation.

I think this is correct because my husband's medical would have expired back in May and his green card wasn't processed until July

[belinda63 3,038]

Depends on the adjudicator. We were in the same boat, his medical expired while awaiting AOS decision. We got an RFE for a new medical and rather than fight it we just got it done. Within three weeks of submitting the medical he has his green card.

[C-ma'am 684]

Mine expired in Feb 2013 and my AOS was approved June 22nd without interview... So, while each application is unique and each adjudicator treats each case as they see fit, there's always a chance they may ask you for it; but then again, maybe they won't request a new one.

Hope for the best and prepare for the worst.

[KayDeeCee 4,893]

While it is always possible for an IO to ask for a new medical, the instructions state you do not need a new one if you file for AOS within a year of the medical. The medical date can go past a year while awaiting approval. If that were the case, anyone filing when their medical was 10 or 11 months old would be sent an RFE for a new medical because it would be past a year for sure by the time their case was adjudicated.

[RickJovi 81]

While it is always possible for an IO to ask for a new medical, the instructions state you do not need a new one if you file for AOS within a year of the medical. The medical date can go past a year while awaiting approval. If that were the case, anyone filing when their medical was 10 or 11 months old would be sent an RFE for a new medical because it would be past a year for sure by the time their case was adjudicated.

Well here is a paragraph from the I-693 information page at the USCIS website. I hope she will not have to take one. We haven't received an RFE yet.

Note: The results of the medical examination are generally valid for only 12 months. Applicants should schedule the medical examination as close as possible to the time they file for adjustment of status, but provide sufficient time for the performance of laboratory testing or additional testing required under CDC's Technical Instructions.

[RickJovi 81]

Okay. I did a little research using Google and below is a link I found from USCIS. I did not find another updated memorandum and this one was good until January 1, 2013. All previous versions basically stipulated the same information, so in essence the medical should be extended because of the backlog at USCIS. If anyone knows differently or has had a difference experience, please post for all of us to see what you experienced. I made an INFOPASS appointment for us to go to the Local USCIS Field Office in Indianapolis at 2pm tomorrow, Friday 07/19/2013. I will bring all of the memorandums I read extending the medical exams after AOS was filed and try to obtain the status of our AOS petition. Thanks.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static%20Files%20Memoranda/Extension%20of%20Validity%20of%20Medical%20Certification%20on%20Form%20I-693_123009.pdf

Edited July 18, 2013 by RickJovi

[RickJovi 81]

I think this is the most updated one. Jovi should be good. I will just preparing copies of everything that will possibly be needed for an AOS interview and also get some letters from friends that can vouch for the validity of our marriage. I think when we walk into the interview if we have one and they see her almost 8 months pregnant with our baby girl, that should carry a lot of weight for the validity of our marriage. Good luck to everyone else.

PM-602-0079: Extension of Validity of Medical Certifications on Form I-693 Page 2 Policy

Even if more than one year has elapsed since the civil surgeon’s endorsement of a Form I-693 submitted in support of an I-485 or I-687 application, the Form I-693 should be considered valid for adjudications occurring during the remainder of FY 13 to establish that the applicant is not inadmissible on medical grounds in any case in which:

• The Form I-693 shows that the applicant had no Class A or Class B medical condition (other than a Class B Other Medical Condition) at the time of the medical examination; and

• USCIS adjudicates the Form I-485 or Form I-687 on or before September 30, 2013.

USCIS anticipates that it will issue a new policy in regards to the sufficiency of Form I-693 endorsements for FY 2014. USCIS is currently working with CDC on developing the new policy.

http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/I693_Extension_PM_Approved_Final122012.pdf

Edited July 18, 2013 by RickJovi

[RickJovi 81]

One last update that may help others in my same situation. Here is what I received from the congressman's office today and involves a policy change on K1 wavier interviewers being transferred from the NBC to local field offices.

Mr. Mace,

As discussed on Tuesday, I left a message with USCIS regarding your case. This afternoon, after connecting with USCIS, I have the following update.

As it was explained to me, the NBC has traditionally processed K1 interview waiver cases but recently a policy shift was made to send them to field offices. Yours was not the only case sent to one of five USCIS field offices, and it does not automatically mean that you will be called for an interview. I was told that all cases sent to Indianapolis will be “touched” within three weeks. This means that within three weeks the cases will be reviewed with one of the three following outcomes:

1. If “approvable,” the case is approved without interview.
2. If more information is needed, a request will be made to the applicant.
3. If it is determined that an interview is needed, an interview will be scheduled.

We also discussed the memo, and you are correct: The current medical exam should suffice if the case is adjudicated by September 2013.

Thank you,

Kathy