Please help - received notice of intent to deny AoS from USCIS

[HappyD 1]

Hello,

I am looking for advice on my AoS application. Today after five months of waiting I received a notice in the mail which was headed NOTICE OF INTENT TO DENY.

To summarise the notice, please find the following:

The record shows that you failed to submit items required by applicable regulations and/or the form's instructions and consequently, have not been established eligibility for the benefit sought. The burden of proof is on the applicant to establish the eligibility for the benefit sought. Please comply with the following:

Please submit evidence you are current for age specific immunization. Please submit a properly completed Form I-1693, Report of Medical Examination and Vaccination Record. The medical examination section does not need to be completed, but the vaccination record must be completed by a civil surgeon who has been designated by USCIS.

The Vaccination Record (documentation of immunization) is documented by completion of:

- Part 1

- Part 3, and

- The Vaccination Record

Thanks so much for reading the above! My questions are as follows:

1) With my AOS package, I included a copy of my vaccination record from the UK, along with a note detailing that my physical examination had been completed during September 2012? Is it not over-kill to require this too? Of course, we will comply and provide what they ask for.

2) Also, is it fair to header the letter with "Intent to Deny"? Surely this is a request for further information...given that I did fully respond to all requirements for the AOS package?

3) Finally, does the above now mean that I am likely to end up being interviewed? As this letter was sent from our local USCIS office? I had assumed that because it was taking so long we would not be interviewed and would have to sit in for a long wait until we received my green card.

4) If we are interviewed, today's events have left me feeling very nervous about the whole process... has anyone had their green card interview out of the Raleigh office recently?

Any advice or thoughts on the above are much appreciated. Also, has anyone gone through what we are going through...and how did it work out for you?

Thanks so much!!

[KayDeeCee 4,893]

Were all the required vaccinations marked off on the DS-3025, and was the form filled out properly?

This does not necessarily mean you will have an interview now. If you do though, it is not really scary. The interviews are usually pretty easy and only take about 5-20 minutes.

[makebalayesarr 9]

No worries..just to the surgeon office as quickly as possible this week and get the form complete and mail it back to them along with a copy of that letter. They don't care about what you did or didn't in the UK as far as AOS is concerned...

You gonna have to comply with the instructions given in terms of AOS. This hiccup has nothing to do with you getting an interview by the way.

[Brit Abroad 166]

The UK vaccination record is insufficient to AoS. You should've made an appointment with a US civil surgeon and had that transcribed onto the I-693 as requested on the AoS form's guidance notes. Very often the vaccs necessary to enter the US as a fiance/e are less than those required to adjust status. The appointment with the civil surgeon is designed to make up for the difference and ensure that you have all the required boosters.

I am surprised that they are intending to deny rather than issue an RFE, but in your shoes I think I'd be making an appointment with the civil surgeon pronto, and then making an Infopass appointment with your local USCIS office to provide the I-693 and try and avoid having to appeal or reapply. Better to stop the paperwork from being returned to HQ at this stage than have to go through the wait with a new application.

If you're under 25, please remember to register for selective service, too ... or if/when you come to the naturalisation to US citizen process you will be denied for failing to do that. It's also part of the requirement.

[KayDeeCee 4,893]

They don't care about what you did or didn't in the UK as far as AOS is concerned...

Not sure what you mean by that. For those adjusting from a K-1, they do care about what happened in your home country. If your K-1 medical was done within a year of filing for AOS, then no medical is required for AOS. If you had all the required vaccinations marked off on the DS-3025 and it was filled out properly by the panel physician at your K-1 medical, then no need to even see a civil surgeon for the I-693. http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

[HappyD 1]

Were all the required vaccinations marked off on the DS-3025, and was the form filled out properly?

This does not necessarily mean you will have an interview now. If you do though, it is not really scary. The interviews are usually pretty easy and only take about 5-20 minutes.

Thanks for getting back to me

All the vaccinations were marked off with the exception of varicella. Instead, the London surgeon wrote "VH" for this one. Based on this they ticked the box for vaccine history incomplete and also ticked the associated box for applicant may be eligible for blanket waiver because vaccination not medically appropriate as indicated above.

Thanks also for the reassurance on the interview...

No worries..just to the surgeon office as quickly as possible this week and get the form complete and mail it back to them along with a copy of that letter. They don't care about what you did or didn't in the UK as far as AOS is concerned...

You gonna have to comply with the instructions given in terms of AOS. This hiccup has nothing to do with you getting an interview by the way.

Thanks so much for your reassuring message! And yes, we are going to get to a surgeon first thing on Monday (hopefully!).

[HappyD 1]

The UK vaccination record is insufficient to AoS. You should've made an appointment with a US civil surgeon and had that transcribed onto the I-693 as requested on the AoS form's guidance notes. Very often the vaccs necessary to enter the US as a fiance/e are less than those required to adjust status. The appointment with the civil surgeon is designed to make up for the difference and ensure that you have all the required boosters.

I am surprised that they are intending to deny rather than issue an RFE, but in your shoes I think I'd be making an appointment with the civil surgeon pronto, and then making an Infopass appointment with your local USCIS office to provide the I-693 and try and avoid having to appeal or reapply. Better to stop the paperwork from being returned to HQ at this stage than have to go through the wait with a new application.

If you're under 25, please remember to register for selective service, too ... or if/when you come to the naturalisation to US citizen process you will be denied for failing to do that. It's also part of the requirement.

Thanks so much for your reply. During my London physical examination I had two additional vaccines to ensure I met AoS standards. We are going to contact a surgeon on Monday to get everything transcribed across.

One quick question - I have heard others mention infopass on visajourney but don't know anything about it. Do I call my local USCIS office to make such an appointment? I am assuming from your message that the aim would be for the infopass to enable me to deliver the letter by hand? Will they provide a record of receipt when I do this, so that they don't come back to me and advise they never received the info? I have been given 30 days to respond to their request. Thanks so much for your very useful advice!!!

[KayDeeCee 4,893]

Thanks for getting back to me

All the vaccinations were marked off with the exception of varicella. Instead, the London surgeon wrote "VH" for this one. Based on this they ticked the box for vaccine history incomplete and also ticked the associated box for applicant may be eligible for blanket waiver because vaccination not medically appropriate as indicated above.

Thanks also for the reassurance on the interview...

Thanks so much for your reassuring message! And yes, we are going to get to a surgeon first thing on Monday (hopefully!).

Well, "VH" is correct if you had chickenpox and did not need the vaccination. Either something else on the sheet was not totally correct, or the adjudicator you got was just picky and skipping over the fact that an I-693 is not needed if the vaccinations were complete and the DS-3025 was filled out properly. No matter, nothing you can do about it now. Just try and call around to find a CS that will not insist on a new medical. It might be frustrating, since you may have to call several and even drive farther than you wanted to in order to find someone.

Do not worry so much of the wording, "intent to deny". You will be fine as long as you supply the I-693 they are asking for within the allotted time given.

[Harpa Timsah 13,258]

Yes, it's a RFE. I have noticed sometimes letters sent from local offices say Intent to Deny whereas letters from the Service Centers and NBC say RFE. Don't worry about that part

[HappyD 1]

Yes, it's a RFE. I have noticed sometimes letters sent from local offices say Intent to Deny whereas letters from the Service Centers and NBC say RFE. Don't worry about that part

Thanks for the reassurance, very kind of you!

Well, "VH" is correct if you had chickenpox and did not need the vaccination. Either something else on the sheet was not totally correct, or the adjudicator you got was just picky and skipping over the fact that an I-693 is not needed if the vaccinations were complete and the DS-3025 was filled out properly. No matter, nothing you can do about it now. Just try and call around to find a CS that will not insist on a new medical. It might be frustrating, since you may have to call several and even drive farther than you wanted to in order to find someone.

Do not worry so much of the wording, "intent to deny". You will be fine as long as you supply the I-693 they are asking for within the allotted time given.

Thanks again for your very helpful advice!!!

[Nich-Nick 3,354]

! My questions are as follows:

1) With my AOS package, I included a copy of my vaccination record from the UK, along with a note detailing that my physical examination had been completed during September 2012? Is it not over-kill to require this too? Of course, we will comply and provide what they ask for.

2) Also, is it fair to header the letter with "Intent to Deny"? Surely this is a request for further information...given that I did fully respond to all requirements for the AOS package?

Thanks so much!!

Your UK DS-3025 was fine. I think the above two items I quoted indicate.

1) your case file is in Raleigh.

2) somebody in Raleigh has not read their handbook on what notice to send and that a properly completed DS-3025 is sufficient.

Unlucky you because you did everything correctly. Now you need to see a civil surgeon like you plan and get that stuff in the mail back to Raleigh. No point in arguing with them with an alarming notice like that. I don't think you will be denied, so don't panic.

[HappyD 1]

Your UK DS-3025 was fine. I think the above two items I quoted indicate.

1) your case file is in Raleigh.

2) somebody in Raleigh has not read their handbook on what notice to send and that a properly completed DS-3025 is sufficient.

Unlucky you because you did everything correctly. Now you need to see a civil surgeon like you plan and get that stuff in the mail back to Raleigh. No point in arguing with them with an alarming notice like that. I don't think you will be denied, so don't panic.

Thanks Nich-Nick. I feel so much better about everything now...everyone on here has been so kind in helping us out!

[Hypnos 6,577]

If you're under 25, please remember to register for selective service, too ... or if/when you come to the naturalisation to US citizen process you will be denied for failing to do that. It's also part of the requirement.

If AoS is granted then USCIS automatically enrolls an eligible male in Selective Service (there is a note at the bottom of the I-485 specifically mentioning this).

Edited September 22, 2013 by Hypnos

[a+j 77]

Yes, it's a RFE. I have noticed sometimes letters sent from local offices say Intent to Deny whereas letters from the Service Centers and NBC say RFE. Don't worry about that part

Whoa. I'm glad the one I got said Request for Evidence, because the Intent to Deny thing would've freaked me out completely

Good luck, OP

Edited September 22, 2013 by a+j

[Stu4Lee 66]

3) Finally, does the above now mean that I am likely to end up being interviewed? As this letter was sent from our local USCIS office? I had assumed that because it was taking so long we would not be interviewed and would have to sit in for a long wait until we received my green card.

4) If we are interviewed, today's events have left me feeling very nervous about the whole process... has anyone had their green card interview out of the Raleigh office recently?

Any advice or thoughts on the above are much appreciated. Also, has anyone gone through what we are going through...and how did it work out for you?

Thanks so much!!

I got exactly the same letter from Raleigh Field Office.

It's not worth arguing about, just get to a civil surgeon and get it done.

My nearest civil surgeon was only 5 mins from home, $50 just for the first visit, they wanted $390 for the TB and syphillis tests (I had no evidence to produce as its all in the brown envelope) and MMR (2nd dose that I didnt get in London) and correct Tdap (apparently was given the wrong one....#######???) then another $100 for the transcription to I-693.

The nice nurse, who was very very knowledgeable about the whole process btw, must have felt sorry for me, told me I was free to shop around or try the County public health centre get it all done there "cheaper" and come back with the results. Of course they were only open til 4 each day so had to leave work early several times over a 2 week period, work were not happy at all, many grumbles from the boss but tough ###### I was going anyway.

So only cost me $13 for the TB test, the rest was free....result lol

Back to the civil surgeon office with the results, 2 days later went back again to sign the forms and they gave me the sealed envelope, for $100 of course, to send off to USCIS via USPS.

About 2 weeks later got the NOA that I was approved and have just heard the card is in the post with no interview.

Good luck and don't panic

Edited September 23, 2013 by Stu4Lee