medical will expire before the AOS interview

[elenamimimi 1]

If you know your medical is going to expire before your interview then it would be a good idea to have a new medical performed so you can hand the sealed envelope to the IO at your interview. Otherwise you will be RFE'd at the interview and it will delay your potential approved by a few days/weeks.

so it's all about the interview date? i thought the date has to be fine when i apply for gc

though if i have a year before complete expiration then i'm probably good

Edited September 17, 2015 by elenamimimi

[Hypnos 6,576]

Yes. The I-693 medical must be (i) submitted to USCIS within a year of being performed, and (ii) the I-485 must be adjudicated within one year of the date the medical was submitted. If both of these are not true, you will likely be RFE'd for a new medical.

Rules are somewhat more murky for K-1s.

Edited September 17, 2015 by Hypnos

[Joui 6]

Hypnos. In my case i have no i693. What i have is the ds3025 that i surrendered when i got here in the us. So i never did i693. And we filed for the aos last feb 2015. Which is 7months after my ds3025 in the philippines. Interview is october 2015 which falls over a year from ds3025. Do we still have to do another medical? Or the 1 year will be based on the filing of aos?

[Hypnos 6,576]

From KayDeeCee's post here: http://www.visajourney.com/forums/topic/555299-medical-will-expire-before-the-aos-interview/#entry7703568 that seems to indicate that no medical is required provided you submit the DS-3025 along with the I-485 within one year of the medical being performed overseas. Plenty of people have posted saying that they received RFEs saying that they needed new medicals performed though, in contravention of that policy.

As I said, when it comes to adjustment from K-1s, medical issues are less than clear.

Edited September 17, 2015 by Hypnos

[princesstammy 6]

I had my interview weeks after my medical expired and It wasn't brought up in the interview nor received an RFE. I got my green card now.

[elenamimimi 1]

thank you very much!

[steve n songsang 45]

our RFE from New York field office...."you submitted an I-693 Report of Medical Examination and Vaccination Record in support of your I-485 AOS". (technically not true as we only submitted copy of DS-3200) "As of June 1,2014 U.S.C.I.S. has limited the validity for all forms I-693, Report of Medical Examination and Vaccination Record to one year from the date of submission to U.S.C.I.S.Based on there new regulations, your !-693 has expired. Please send an updated I-693 within 30 days of this notice". Unless it is a coincidence, it seems they mean 1 year after submission with the AOS package as we received the REF one week after 1 yr. anniversary of filing date.

Edited September 20, 2015 by steve n songsang

[elenamimimi 1]

one year is good because when i passed the examination they told me 6 months is maximum for everything. but i see now it's only to enter the States

[Joui 6]

Getting a bit confusing here. Anyway, like i said i never did the i693. Just the ds3025 as it was still valid when we submitted it when wfiled our aos. Ds3025 was july 2014. Aos application was feb 2015. So thats 7months. Interview is october 2015. I really hope we no longer be requested for i693. Its the uscis field offices fault for all these delays!

[elenamimimi 1]

guys, I don't know what those forms are! haven't looked yet

and here is information from another forum - the girl who just got her GC accepted said that if there is less than a year between medical examination and interview - you are good. they only ask you for the list of vaccinations on the interview

[KRivera 0]

On 7/2/2015 at 2:40 AM, KayDeeCee said:

I would not get a new medical unless instructed by the IO to get one. You may not need one, and you actually should not. Those adjusting from a K-1 are still not required to get one if their medical was less than a year old when you applied for AOS.

Here are the USCIS policies > http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible.

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21]

•The medical examination report was submitted to USCIS less than one year after completion of the examination; ^[22]

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25]

In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render him or her inadmissible to the United States. In this case, the officer should follow standard operating procedures regarding issuance of an RFE or Notice of Intent to Deny (NOID) to address the deficiency.

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]

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

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

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).

Hello, I am going to my AOS interview on March 28 based on a K1 visa. I am a little concerned about my medical examination expiring. It was done on Jan 16 2017 back in Honduras. I came here on February and the sealed envelop was given to the IO at the port of entry. I applied for AOS on March 28 2017. So that means that my medical was given to the IO at the port of entry over a year ago. Would it be expire then? Do I have to redo it here in US? It just does not make any sense if you already proved that you were admisible when entering the country on a K1. Your advice is appreciated! Thanks a lot! 

[KRivera 0]

On 7/2/2015 at 11:14 AM, Ebunoluwa said:

Thank you KayDeeCee, so K visas are fine with a medical that has been submitted or filed within one year of the foreign medical exam.

Hello! Is that a proven fact?  I would be sadden if the process gets delayed because of the medical examination. My medical was done on January 16 2017 back in Honduras. The sealed envelop was given to the IO at the port of entry when I came on Feb 2017. I applied for AOS on March 28 2017. I am schedule for my AOS interview on March 28 (in a month) so I really need to find out whether or not they will accept the medical exam that was done overseas or if they will be likely to ask for a new one. I just want to be sure and hope the process will go fast. I appreciate your help! 😊

[Ebunoluwa 6,136]

Yes, it is not required if you filed AOS within a year of the medical in your country.

[KRivera 0]

51 minutes ago, Ebunoluwa said:

Yes, it is not required if you filed AOS within a year of the medical in your country.

Thank you so much! ❤️

[Diane and Chris 651]

On 2/27/2018 at 7:22 PM, KRivera said:

Hello! Is that a proven fact?  I would be sadden if the process gets delayed because of the medical examination. My medical was done on January 16 2017 back in Honduras. The sealed envelop was given to the IO at the port of entry when I came on Feb 2017. I applied for AOS on March 28 2017. I am schedule for my AOS interview on March 28 (in a month) so I really need to find out whether or not they will accept the medical exam that was done overseas or if they will be likely to ask for a new one. I just want to be sure and hope the process will go fast. I appreciate your help! 😊

Did they accept the old medical or did you need a new one?  Thanks for any update.