Vaccine RFE

[Nich-Nick 3,354]

Hey guys, just an update. We went to the civil surgeon today, accepted everything and getting the sealed envelope back next week.

Curious thing we were told: the doctor went to a meeting with USCIS a few weeks ago, and was told that policy would be changing soon and full physicals (no more vaccine transcription only) would be required of everyone on K-1. Not sure if they just heard wrong or explained it wrong, but I'd be curious to hear if anyone has heard the same.

The policy change went into effect June 1, 2014. It is not about vaccination transcriptions being thrown out. It is about how long the medical exam is valid. It used to be (before June 1) that as long as you FILED your I-485 application within one year of having a medical exam (either overseas by a Panel Physician or in the US by a Civil Surgeon) then it was valid no matter when they got around to your AOS case.

The new policy says the medical exam must be within one year of AOS approval.

So how will that affect K1s?

Let's say K1 had an exam in London on May 1, 2014

She got her visa in hand July 1

She didn't enter the US immediately. Her POE is Oct 1

She is going to Marry on Dec 1.

Then they will be broke put off AOS until Feb 1 next year

Under the OLD POLICY, her medical from May 1 would be valid because she is mailing her AOS within a year of her medical exam. No problem at all no matter how long AOS takes.

Under the NEW POLICY, if she mails her AOS on Feb 1, her medical will expire on May 1, 2015. If her greencard has not been issued by then, she will need a new full exam (blood tests, TB clearance, mental health screening, etc). When they finally get her case out of a box and she interview 6 months after applying (on Aug 1), the officer should tell her her medical is expired.

So it is not a case that ALL K1s are required to do a new medical. If they enter the US quickly, marry the first few weeks, and file AOS immediately they could be finished within a year of their overseas medical so it would still be valid. Of course how long will AOS take is a big question mark. If it is slow, then many K1 medical exams will expire.

What the civil surgeon said to houston100 illustrates that even doctors aren't savvy enough to understand policy or immigration. So that doctor will require new exams from everybody because he wasn't bothered to pay attention.

Another example of an AOS interviewer not reading his policy change. A UK member AnnaGrant was in line for an interview way longer than anybody. Finally she went this month. Her interviewer said a new policy says she needs a new vaccination sheet because it expired. Well NO, policy says she needs a full medical exam. So she went and paid $75 to have a new vaccination sheet filled out. She needed no shots. Then the officer approved her despite the medical exam being well passed a year. Just shows it is sometimes the luck of the draw as to what you will be told.

I would suggest to K1s to carry on as usual if their shots are complete. Then. If you get an interview appointment that falls beyond one year of your K1 exam, go have a new full medical exam a few weeks before the interview and take the new form I-693 to the interview.

Edited August 16, 2014 by Nich-Nick

[CowBoE 429]

The policy change went into effect June 1, 2014. It is not about vaccination transcriptions being thrown out. It is about how long the medical exam is valid. It used to be (before June 1) that as long as you FILED your I-485 application within one year of having a medical exam (either overseas by a Panel Physician or in the US by a Civil Surgeon) then it was valid no matter when they got around to your AOS case.

The new policy says the medical exam must be within one year of AOS approval.

So how will that affect K1s?

Let's say K1 had an exam in London on May 1, 2014

She got her visa in hand July 1

She didn't enter the US immediately. Her POE is Oct 1

She is going to Marry on Dec 1.

Then they will be broke put off AOS until Feb 1 next year

Under the OLD POLICY, her medical from May 1 would be valid because she is mailing her AOS within a year of her medical exam. No problem at all no matter how long AOS takes.

Under the NEW POLICY, if she mails her AOS on Feb 1, her medical will expire on May 1, 2015. If her greencard has not been issued by then, she will need a new full exam (blood tests, TB clearance, mental health screening, etc). When they finally get her case out of a box and she interview 6 months after applying (on Aug 1), the officer should tell her her medical is expired.

So it is not a case that ALL K1s are required to do a new medical. If they enter the US quickly, marry the first few weeks, and file AOS immediately they could be finished within a year of their overseas medical so it would still be valid. Of course how long will AOS take is a big question mark. If it is slow, then many K1 medical exams will expire.

What the civil surgeon said to houston100 illustrates that even doctors aren't savvy enough to understand policy or immigration. So that doctor will require new exams from everybody because he wasn't bothered to pay attention.

Another example of an AOS interviewer not reading his policy change. A UK member AnnaGrant was in line for an interview way longer than anybody. Finally she went this month. Her interviewer said a new policy says she needs a new vaccination sheet because it expired. Well NO, policy says she needs a full medical exam. So she went and paid $75 to have a new vaccination sheet filled out. She needed no shots. Then the officer approved her despite the medical exam being well passed a year. Just shows it is sometimes the luck of the draw as to what you will be told.

I would suggest to K1s to carry on as usual if their shots are complete. Then. If you get an interview appointment that falls beyond one year of your K1 exam, go have a new full medical exam a few weeks before the interview and take the new form I-693 to the interview.

Awesome answers. I guess I will get my fiancee here ASAP and file AOS ASAP.

Thanks

Edited August 16, 2014 by DualityOneness

[nobbie 105]

That's going to make it tight if you get an interview waiver. This is mine

early Aug medical about the 8th I think.

Sept 23 interview at embassy

Sept 27 got passport back

1 Oct POE

20 Oct married

30 Oct filed AOS

2 Aug 2014 got GC although dated 7 July. Not much I could have done to speed the process up but under the new rules I would have scraped in by a month. in fact maybe I did just scrape in if the new rules were 1 June. Glad I knew nothing about it.

[Hypnos 6,578]

The new policy says the medical exam must be within one year of AOS approval.

I don't believe this is correct.

The new policy, which I detailed here: http://www.visajourney.com/forums/topic/477746-vawa-part-5/page-97#entry7089362 says that (i) the I-693 medical must be submitted to USCIS within one year of it being performed, and (ii) the application it was submitted in support of must be adjudicated within one year of that submission for the I-693 to be valid.

[Nich-Nick 3,354]

That makes sense. Why would the USCIS say

Note: To ensure the results of the medical examination are still valid at the time USCIS adjudicates the associated benefit application, applicants should schedule the medical examination as close as possible to the time they file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). Applicants should, however, also provide sufficient time for the performance of laboratory testing or additional testing required under CDC's Technical Instructions. For more information on the validity of Form I-693, see the USCIS Policy Manual Volume 8, Part B, Chapter 4.

That makes it sound like you shouldn't get it too early or it may not be valid by the time they get around to you. I suppose somebody could get a medical, then not get around to filing for two years.

[KayDeeCee 4,896]

And it also sounds like it may not even apply to those that had their medicals abroad by a panel physician>

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Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full medical exam in the United States for purposes of adjustment of status.^[26]

26[^] See Chapter 3, Applicability of Medical Examination and Vaccination Requirement [8 USCIS-PM B.3] for more information on these special considerations.

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

• The medical examination did not reveal a Class A medical condition; or
  

• The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions.^[27]

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application.^[28]

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

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I think it is going to be interpreted differently depending on how each individual adjudicator reads the policy. I think people should be aware that may be asked to get a new medical if their AOS is not approved within a year of their K-1 medical, even though I think that policy is a bit strange and wrong.

Edited August 16, 2014 by KayDeeCee

[houston100 2]

Just wanted to give an update here.

We sent in only the vaccine part of the I-693 (whatever the doctor put in the sealed packet, but no physical). Status went to "card/document production" on I-485 today. So it seems we've been approved.

I don't recall when we got the physical in HK, but it was last summer, so we may have also just "scraped in."

To sum up, I guess lessons learned would be:

1) Demand to see the vaccine record after the overseas physical and check against CDC requirements (the doctor in HK didn't volunteer anything and said "everything's ok", but I probably should have instructed my wife to really push him)

2) Otherwise be prepared for vaccine RFE and find a doctor that will do it

3) If AOS takes longer than a year from the physical, be prepared to do full physical (maybe?)

Thanks for everyone's help!!