Please help - RFE for Adjustment of Status from K1

[WishUsLuck 0]

Hello all - first off, thanks to the helpful folks on this site, we've had a very smooth immigration process (up to this point). VJ is awesome.

Unfortunately, we now have a problem, and I'm not sure how to approach it. Here's our backstory so far:

- My then-fiancé applied for a K1 visa back in 2012. He had his medical exam in March of 2013 (slightly more than a year ago), and everything went fine.

- He was approved for the visa, moved down here, and we got married within the 90 day window.

- We submitted our AoS application packet in late August 2013. He got his EAD in the mail a few months later, and we hadn't heard anything until now...

About a week ago, we got an RFE. It is two pages long, and extremely wordy - the first page seems more like a cookie-cutter form, with various check-boxes, and the second page quotes some immigration laws and then has some information at the end.

This is the most pertinent information on the first page:

"Please submit ALL of the document(s)/item(s) indicated with a check mark below:" and then these two are checked:

"-- a signed Vaccination Certificate (see attached for more information)"

"-- Other: Note: Please submit your vaccination record only. Please find attached form I-693. Please be acknowledged that your vaccine history was incomplete at the time that your K1 visa was issued."

And then the part of the second page that tells us what the problem is (sort of):

"You have not provided documentation from a Designated Civil Surgeon that these Vaccination Requirements have been fulfilled." Then it talks about the different types of waivers you can get (not medically appropriate, religious/moral reasons, etc.).

"You have also failed to establish that you are eligible for any of these waivers. Failure to provide EITHER the complete vaccination supplement OR evidence that you qualify for one of the waivers outlined above before the "due date" indicated on the attached I-72 will result in a denial of your application."

When we initially submitted the AoS application, we did not get the vaccination data transcribed by a civil surgeon. We sent a copy of his DS-3025 instead, because we thought it should have been good enough, according to what we've read on here. The only shot he needed at the medical was a Tdap booster, which he got, and the date of the shot was noted on the form (there was also an "insufficient time interval" box checked for the Tdap). Everything else was proven positive with blood titres, and that information and the date of the blood tests was also noted on the form. At the bottom, two boxes were checked: "Vaccine History Incomplete," and "Applicant may be eligible for blanket waiver(s) because vaccination(s) not medically appropriate."

My questions are:

1. The RFE is obviously asking for the vaccine supplement, which is fine. We can have it transcribed. But I'm concerned about the line that his "vaccine history was incomplete." Why would they say that? I can't think of any reason why it wouldn't be complete, and I'm afraid the civil surgeon will just fill out the I-693 in the same way (based on the DS-3025), and it won't be good enough.

2. It's now been over a year since the original medical was done. If we do a vaccine supplement now, and it's dated more than a year after the original medical, will that be a problem? The RFE didn't mention any of this, and was technically sent out before the one-year mark passed.

Thanks!

[nadi2444 2]

my husband and I went to a civil sergeon to get the form filled out and sighned even though he had jist gotten all the required vaccines months earlier in jamaica. Here in the US he had to get a syphilkis test as well as the flu shot. The e surgeaon adviced those are thenonly things that he needs now in addition to those given in Jamaica bef8re yis arrival to the states, the surgeon then gave us a sighned stamped and sealed envelope to submit with our AOS packet.

ALSO on visajourney the steps recommend that everyone see a civil surgeon to get written proff of complete vaccination and testing regardless of recent overseas testing. Hope this helps.

[KayDeeCee 4,893]

Not sure about the wording of the RFE, but it sounds as if they did not think he had all the required vaccinations on a properly filled out DS-3025. Nich-Nick explains best how the DS-3025 needs to be filled out in order to be accepted as is > http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232

You will now need to find a civil surgeon that will do the vaccinations only and get the I-693 to satisfy the RFE and get your green card approval. You may need to call around to find one. There is a thread here in the AOS forum dedicated to that task > http://www.visajourney.com/forums/topic/231026-civil-surgeons-who-dont-rip-you-off/

my husband and I went to a civil sergeon to get the form filled out and sighned even though he had jist gotten all the required vaccines months earlier in jamaica. Here in the US he had to get a syphilkis test as well as the flu shot. The e surgeaon adviced those are thenonly things that he needs now in addition to those given in Jamaica bef8re yis arrival to the states, the surgeon then gave us a sighned stamped and sealed envelope to submit with our AOS packet.

ALSO on visajourney the steps recommend that everyone see a civil surgeon to get written proff of complete vaccination and testing regardless of recent overseas testing. Hope this helps.

It is not mandatory to get the I-693, if you had all the required vaccinations at the time of the K-1 medical and had them marked off on a properly filled out DS-3025. A new medical is not required if applying for AOS within a year of the K-1 medical. You had no reason to get a syphilis test(part of a medical exam), other than the civil surgeon just wanted to charge you more.

[mik2012 17]

According to the new standards my wife had to get a syphillis and other std test perfprmed. Fortunately my private health care insurance picked up the tab. Our civil surgeon showed us the form with the required items and at the bottom of the federal form was an OEM Date of Dec 2013 on it. So, I think they might have made changes recently. Our civil surgeon only charged 125.00 for the medical and the blood tests came out to be 500.00 which insurance picked up.

[KayDeeCee 4,893]

The new standards are from Jan, 2013. They are part of the medical exam and should have been performed by the panel physician as part of the K-1 medical already > http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

"Effective January 1, 2013, the 2013 Technical Instructions for Syphilis and Hansen’s Disease replace the 1991 Technical Instructions for these components."

A K-1 adjusting status does not need to get a new medical or parts of said medical, if the K-1 was performed within a year of filing for AOS. You do not need to repeat the medical tests through a civil surgeon in the US. If there was something missing or incorrect having to do with the K-1 medical, then they would send you an RFE telling you so, since your medical documents from the K-1 exam are in your case file at the USCIS.

What the civil surgeon showed you was requirements for the medical exam. There are no new instructions stating a K-1 needs to repeat parts of the exam. If you had no class A medical conditions, then no need for anymore medical testing/examination.

http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf

3. 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 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 on the waiver.

(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.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

C. Fiancé(e)s: If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your Form I-485.