HELP! RFE for Medical & I-693 after AOS interview, despite medical done already

[KPea 0]

Hey everyone, I'm so stressed out!

Back story, I had my medical done in Sydney on Jan 3, 2014 for K1 process, I have the DS-2035 and X-ray, never received medical results as they were forwarded to the consulate for my interview.

I came to the U.S., married in July, filed I-485 in July.

My AOS package asked for medical and affidavit of supper to be submitted (which was already done in the I-485 application). I bought along my DS-3025 plus printouts from USCIS policies stating that K1 applicants didn't need to have local medical done if done overseas within one year, but the IO never asked for medical during the interview...

My AOS interview was at Federal Plaza New York last Friday 12 Dec. Yesterday just received RFE asking for full medical, I693 and supplement A from local civil surgeon and I need to have it in by March. But I thought that the medical from overseas is valid for one year as long as you apply for AOS within the year?

It will be expired on January 3 2015 coming up very soon. Will I need to get the whole medical done and all the vaccinations done again?! That's kind of ridiculous..how much would that even cost and how long in advance do you need to make appointment with civil surgeon...and I hear it costs hundreds!!

Should I make an appointment for Infopass to try to get them to see and accept my DS-2035 or is that just a waste of time? I'm away overseas right now returning to NY January 18th.

Has this happened to anyone else? Any advice greatly appreciated, thank you in advance!

[NancyNguyen 1,657]

It sounds like they lost your whole medical file, it has never been forwarded to your local office. RFE is not about expiration. Sorry but you have to do again, bring DS-2035 and civil surgeon will skip vaccination. Good luck.

Edited December 21, 2014 by NancyNguyen

[KayDeeCee 4,893]

That is interesting. There is no I-693A supplement. Sounds like a picky IO with outdated info. You should not have needed a new medical, since your case was adjudicated within a year. They either lost your medical files, or like I said, you got a picky, incorrect IO. I doubt there is much to do besides comply in order to get your green card.

You do not need the vaccinations again. Take your DS-3025 and have the vaccinations transcribed onto your I-693. Call around for the best medical price you can find.

[KPea 0]

That is interesting. There is no I-693A supplement. Sounds like a picky IO with outdated info. You should not have needed a new medical, since your case was adjudicated within a year. They either lost your medical files, or like I said, you got a picky, incorrect IO. I doubt there is much to do besides comply in order to get your green card.

You do not need the vaccinations again. Take your DS-3025 and have the vaccinations transcribed onto your I-693. Call around for the best medical price you can find.

Thank you! I sHould have noted that the letter I received with my interview appointment notice saying I needed to have new medical done, was stating that new policies meant that my medical had expired...implying that they had my overseas medical in their hands be expected me to get a new one?

Is there anyway to argue this through Infopass? Or am I completely at the mercy of the fussy and misinformed IO officer?

And would I need the whole medical done like what I had overseas (physical, X-ray, blood test) or just the DS-2035 transcribed to the I-693? Hope not...that's bound to be expensive!

Thanks so much for any other input!

[jptl85 25]

i would just get it done again. no point arguing, i doubt anything will change .

[KayDeeCee 4,893]

Thank you! I sHould have noted that the letter I received with my interview appointment notice saying I needed to have new medical done, was stating that new policies meant that my medical had expired...implying that they had my overseas medical in their hands be expected me to get a new one?

Is there anyway to argue this through Infopass? Or am I completely at the mercy of the fussy and misinformed IO officer?

And would I need the whole medical done like what I had overseas (physical, X-ray, blood test) or just the DS-2035 transcribed to the I-693? Hope not...that's bound to be expensive!

Thanks so much for any other input!

That is the thing, even with the new policy, which is not supposed to apply to K-1 applicants anyway, your medical was not expired yet. They should not have asked you for a new one.

I know of one person that got that RFE at their interview, not long after the new policy came out, and they simply got their vaccinations transcribed onto an I-693 instead of getting the medical. Whether or not that would work for you, I have no clue. I personally would give them what they are asking for. Yes, another medical from a civil surgeon. It will be similar to the K-1 exam, but they will do a TB test instead of an x-ray. They are fairly expensive.

I am not sure there is anyway to argue and fight what the IO is asking for, but I see no harm in making an Infopass to talk to someone about it. Your medical is still not expired, and you can show them the date on your DS-3025 to prove that. You can print out the policy even to show a K-1 is not required to get a new exam if you had your one abroad within a year of filing for AOS. You could also print out the I-693 instructions too. If you had no Class A condition, then you should not have to get a new exam.

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

4. K or V Nonimmigrants Applying for Adjustment​ ^[26]

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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:​

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

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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]

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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] ​

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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. ​

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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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If the applicant was granted a change of status to V in the United States,​ ^[29] the medical examination report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted. ​