Medical Exam expired due to Slow Processing of AOS!

[TAB2TAB 52]

We just received a very disappointing letter from USCIS regarding our AOS from a K1 visa and could really use some VJ expertise. To give you some background on our timeline, Adrian’s K1 visa was issued Feb 26, 2014, he entered the USA on April 29, 2014, we were married on May 27, 2014, and we filed Adrian’s AOS I-485 (plus I-765 EAD and I-131 AP) on June 6, 2014; the USCIS notice date was June 13, 2014. EAD and AP were issued with no unusual delay.

We received the Notice of Potential Interview Waiver Case on Feb 25, 2015. Due to the increasingly long wait, we scheduled an InfoPass appointment on April 16, 2015 (the results were that we should “continue to be patient”.)

So the letter we received today, (dated June 26, 2015) says that the results of Adrian’s “medical examination have exceeded the one year validity period and are now expired. You must submit the results of a new medical examination by an authorized USCIS civil surgeon completed on Form I-693. The results must be contained in the original sealed envelope.” (Adrian’s original medical examination at Knightsbridge Doctors in London was Dec 10, 2013).

I am under the impression that as long as the medical examination was valid at the time of our AOS submission that we have met our requirements. Are we really responsible for having to get a new medical, considering it took USCIS thirteen months to advise us of this??

Is there any way to push back on this – contact our congressman, senator, or some other suggested path? If we have to do the medical, we will, but we cannot understand how this can be considered “normal” procedure – what if USCIS takes another 13 months to look at our file again? We are so frustrated about this!

Second question:

The second requirement in the June 26^th letter is that the USCIS “cannot determine the bona-fide intent of the marital relationship” and we need to submit evidence of such, pre- and post-marital. To my knowledge, this was not requested nor required in the AOS submission guidelines, and I also was under the impression that the original I-129F petition provided and established the evidence of our relationship – we presented substantial documentation at that time. To our knowledge, Adrian is not from a “high fraud” country, the UK. I can post the entire text from the letter of what the USCIS is requesting as far as evidence, but some is redundant to the I-129F, some is not. Again, we will submit the info they request if needed, but is this a normal request? Should we provide the same info from the I-129F, or must the evidence be new?

We have to submit all documentation by Sept 21, 2015, so we need to be timely in whatever we do.

Thank you everyone for reading and I hope you have some suggestions for us as we are really distressed by this- we were hoping that we would have completed the AOS hurdle by now…

Rob and Adrian

Edited July 6, 2015 by TAB2TAB

[sweetswinks 400]

We just received a very disappointing letter from USCIS regarding our AOS from a K1 visa and could really use some VJ expertise. To give you some background on our timeline, Adrian’s K1 visa was issued Feb 26, 2014, he entered the USA on April 29, 2014, we were married on May 27, 2014, and we filed Adrian’s AOS I-485 (plus I-765 EAD and I-131 AP) on June 6, 2014; the USCIS notice date was June 13, 2014. EAD and AP were issued with no unusual delay.

We received the Notice of Potential Interview Waiver Case on Feb 25, 2015. Due to the increasingly long wait, we scheduled an InfoPass appointment on April 16, 2015 (the results were that we should “continue to be patient”.)

So the letter we received today, (dated June 26, 2015) says that the results of Adrian’s “medical examination have exceeded the one year validity period and are now expired. You must submit the results of a new medical examination by an authorized USCIS civil surgeon completed on Form I-693. The results must be contained in the original sealed envelope.” (Adrian’s original medical examination at Knightsbridge Doctors in London was Dec 10, 2013).

I am under the impression that as long as the medical examination was valid at the time of our AOS submission that we have met our requirements. Are we really responsible for having to get a new medical, considering it took USCIS thirteen months to advise us of this??

Some say it's 1 year since the medical was done so pre-Feb 2014 for you

And some say it's 1 year since the medical was submitted to USCIS so June 2014 for you

Either way, you've exceeded the 1 year expiry so you will have to re-submit your medical, and no there isn't anyone you can talk to to avoid this unfortunately. We all know that it's only valid from 1 year; either the date it was conducted, or submitted.

[TAB2TAB 52]

Sweetswinks,

I'm confused by your answer... Adrian's medical was conducted on Dec 10, 2013 - therefore it should be valid through Dec 9, 2014 at earliest; we submitted our AOS on June 6, 2014, well before the 1 year expiry. In light of this, any other thoughts?

[sweetswinks 400]

Sweetswinks,

I'm confused by your answer... Adrian's medical was conducted on Dec 10, 2013 - therefore it should be valid through Dec 9, 2014 at earliest; we submitted our AOS on June 6, 2014, well before the 1 year expiry. In light of this, any other thoughts?

You submitted the medical June 2014 and it's now July 2015 - 13 months later, your 1 year is up! You're not guaranteed to be approved within 1 year of AOS submission, and if it goes past the date of your medical, you must get a new one. It's not too hard to understand.

Depending on who you ask, the medical is only valid 1 year from when it was done OR when it was submitted and that would mean either his medial expired Dec 10, 2014 or June 6, 2015... either way it's expired and you need a new one.

EDIT:

http://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

"USCIS Issues New Policy on Form I-693, Report of Medical Examination and Vaccination Record

Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. Applicants must also submit Form I-693 to USCIS within one year of the immigration medical examination. USCIS will also provide additional ways to submit Form I-693. As outlined in policy alert PA-2014-005, this updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

USCIS will hold an engagement on June 12, 2014 to address questions about the new policy and provide guidance on filing Form I-693. We have also updated the Form I-693 Web page on our website.

For more information, please visit our website at www.uscis.gov."

Edited July 6, 2015 by sweetswinks

[TAB2TAB 52]

Thank you for the link to the USCIS policy update - I was not aware of the update as the policy was only 5 days old on the date we submitted our I-485 application. That was helpful.

I don't know why you feel the need to diminish fellow VJ members with unnecessary comments like "It's not too hard to understand". The reason I was confused by your first response was a) that you used incorrect dates, "pre-feb" vs Dec 10, 2013 and b) you didn't actually post the relevant information - the link to the new USCIS policy - until your second response.

Regardless, the prevailing intent of my question is whether anyone on this site has had any success in challenging the USCIS when the medical exam expiration is clearly not the fault of the applicant. While the USCIS rarely acknowledges fault in most matters, it is not unheard of, and they have been known to concede in some instances where they were at fault. The documented USCIS' goal for I-485 completion is 5 months. In our case, it has taken them 13 months... not to complete the case, but to begin the process of looking at the basic contents of the file, (i.e. the medical exam). To hold me financially responsible for their inefficiency and delay is what I find "hard to understand".

Thank you again for the link to the updated policy.

If anyone has had a similar situation - an expired medical that resulted from an excessive delay in I-485 processing, I'd be interested to hear how the situation resolved. Did you just deal with paying for a new medical? Did you contact USCIS and if so, what was the resolution? Thank you for taking the time to read this!

[Derwood 203]

Thank you for the link to the USCIS policy update - I was not aware of the update as the policy was only 5 days old on the date we submitted our I-485 application. That was helpful.

I don't know why you feel the need to diminish fellow VJ members with unnecessary comments like "It's not too hard to understand". The reason I was confused by your first response was a) that you used incorrect dates, "pre-feb" vs Dec 10, 2013 and b) you didn't actually post the relevant information - the link to the new USCIS policy - until your second response.

Regardless, the prevailing intent of my question is whether anyone on this site has had any success in challenging the USCIS when the medical exam expiration is clearly not the fault of the applicant. While the USCIS rarely acknowledges fault in most matters, it is not unheard of, and they have been known to concede in some instances where they were at fault. The documented USCIS' goal for I-485 completion is 5 months. In our case, it has taken them 13 months... not to complete the case, but to begin the process of looking at the basic contents of the file, (i.e. the medical exam). To hold me financially responsible for their inefficiency and delay is what I find "hard to understand".

Thank you again for the link to the updated policy.

If anyone has had a similar situation - an expired medical that resulted from an excessive delay in I-485 processing, I'd be interested to hear how the situation resolved. Did you just deal with paying for a new medical? Did you contact USCIS and if so, what was the resolution? Thank you for taking the time to read this!

Hi Tab2Tab, the new guidance that was issued in June 2014 regarding medicals is terribly unfair given the USCIS backlog of work. There are loads and loads of examples in the main NPIW thread of people having to have the medical re-done at their own expense. There appears to be no way around it and I don't know of anyone that has successfully challenged it. USCIS can just do what they want and do. Not everyone that should have to redo their medical do have to. It seems to be down to whether the Immigration Officer knows about tjhe revised policy and whether they can be bothered to implement it. Thankfully the person adjudicating our case didn't ask for a new medical - they must have been having a good day or just wanted to clear the file off their desk.

I know that this really sucks for you but you're just going to have to suck it up and get the medical re-done.

#USCISyoustillsuck

[TAB2TAB 52]

Derwood, many thanks for your answer. As annoying as it is to have to do the medical again, my urge to rebel against the system is subsiding and we've gone ahead and gotten the appointment set up. I'm learning this thing is not over until it's over. Thanks for the hashtag as well; I'll refrain from commending you on it until we have the green card in hand... I'm not taking any chances. Best to you and your loved one on your visa journey!

[yuna628 9,687]

Derwood, many thanks for your answer. As annoying as it is to have to do the medical again, my urge to rebel against the system is subsiding and we've gone ahead and gotten the appointment set up. I'm learning this thing is not over until it's over. Thanks for the hashtag as well; I'll refrain from commending you on it until we have the green card in hand... I'm not taking any chances. Best to you and your loved one on your visa journey!

No way around it I believe. You could probably give your congressperson or the President an earful though (if they cared to listen to you) but that probably won't change anything at the USCIS in terms of policy. Hopefully you can find a CS that won't break the bank.

Not 100% sure, but once you're done with the I129F process that's it. A new case worker isn't going to look back and review old history. You're starting over fresh in a new department. Send in whatever they request... give 'em a headache sorting through all the evidence.

Edited July 6, 2015 by yuna628

[TAB2TAB 52]

Thanks for the helpful feedback Yuna! I figured they had access to our original I-129F but that would be too efficient wouldn't it? Been working on the response during the day today, and I've used a good amount of stuff from the I-129F as well as some new documentation they want - joint bank accts, insurance in both our names, utilities, etc. I'll be sure to give them plenty! Thanks again and best wishes to you.

[CowBoE 429]

Because AOS is taking long time, I've seen few posters being asked to submit a new medical recently.

Yes, this is upsetting because its nor cheap or convenient. They should let the medical be valid

at the time of the submission and not punish folks for their long processing time.

My wife's medical was done in July/2014, so it's coming up for expiration in couple of weeks,

and we also received potential interview waiver letter with projected processing date of

Sept/2015...so at this point, we'll probably receive new medical exam also in Sept,

and of course because of that it will delay the processing again by weeks or months.

If they are going to send us new medical exam in Sept, they might as well let us know

that now, so that we can get that done and submitted to not further delay the processing.

While we are thankful to the immigration offering, we definitely have pockets of inefficient rules and

processing in this journey.

[Marco&Bettina 502]

This is utterly ridiculous. And we thought the wait for I-129F NOA2 was long.

[TAB2TAB 52]

Yes Duality, it seems a bit ridiculous that the medical exam that we have paid for is invalidated by the USCIS failing to meet its own published objectives. We are paying them more than $1000 to process our applications (above and beyond our taxes), and they are unable to, at minimum, review the time-sensitive portion of the application within a 12 month period?

[TAB2TAB 52]

Marco&Bettina, the good news is that at least we get to be annoyed and frustrated with our loved ones by our side...

[Tina and Johan 206]

If anyone has had a similar situation - an expired medical that resulted from an excessive delay in I-485 processing, I'd be interested to hear how the situation resolved. Did you just deal with paying for a new medical? Did you contact USCIS and if so, what was the resolution? Thank you for taking the time to read this!

We are part of the NPIW thread, and there are a LOT of us who're having to redo our medicals. Here's our timeline: Medical done in Dublin, May 14, 2014. AOS submitted August 2, 2014. RFE sent out for a new medical: June 15, 2015! Just a month after our year was up! GRRRRRRR!! The soonest we could schedule new medical appts (We have 2 to REpay for: K1 and K2) is tomorrow and Thursday. Our submissions are due to the Tampa office September 22. So, in the meantime, I sent out a letter to our IO asking for clarification of what they actually want because in their own forms it says that a K1 medical is valid for a year after submission. We debated about this over in the NPIW forum. I printed and highlighted the areas where their request for a new medical is unnecessary. I asked them what they want, specifically, because they contradicted themselves in the RFE, stating they need a full medical redone, and they also need pages 1 and 5 only (the personal info page and the TB test results). I have, of course, heard nothing back. I fantasize that they will just send out the Welcome letter with an apology for not knowing how to do their own damn jobs efficiently or in a timely manner. But the reality is that we will redo both medicals, send them out, and wait longer. What's our alternative? To not do what they ask?? I'm becoming bitter, and I'm the USC!! I can only imagine what my husband is dealing with in his head. to reiterate what Derwood says: #USCISyoustillsuck!

[sweetswinks 400]

You submitted the medical June 2014 and it's now July 2015 - 13 months later, your 1 year is up! You're not guaranteed to be approved within 1 year of AOS submission, and if it goes past the date of your medical, you must get a new one. It's not too hard to understand.

Depending on who you ask, the medical is only valid 1 year from when it was done OR when it was submitted and that would mean either his medial expired Dec 10, 2014 or June 6, 2015... either way it's expired and you need a new one.

EDIT:

http://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

"USCIS Issues New Policy on Form I-693, Report of Medical Examination and Vaccination Record

Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. Applicants must also submit Form I-693 to USCIS within one year of the immigration medical examination. USCIS will also provide additional ways to submit Form I-693. As outlined in policy alert PA-2014-005, this updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

USCIS will hold an engagement on June 12, 2014 to address questions about the new policy and provide guidance on filing Form I-693. We have also updated the Form I-693 Web page on our website.

For more information, please visit our website at www.uscis.gov."

Thank you for the link to the USCIS policy update - I was not aware of the update as the policy was only 5 days old on the date we submitted our I-485 application. That was helpful.

I don't know why you feel the need to diminish fellow VJ members with unnecessary comments like "It's not too hard to understand". The reason I was confused by your first response was a) that you used incorrect dates, "pre-feb" vs Dec 10, 2013 and b) you didn't actually post the relevant information - the link to the new USCIS policy - until your second response.

Regardless, the prevailing intent of my question is whether anyone on this site has had any success in challenging the USCIS when the medical exam expiration is clearly not the fault of the applicant. While the USCIS rarely acknowledges fault in most matters, it is not unheard of, and they have been known to concede in some instances where they were at fault. The documented USCIS' goal for I-485 completion is 5 months. In our case, it has taken them 13 months... not to complete the case, but to begin the process of looking at the basic contents of the file, (i.e. the medical exam). To hold me financially responsible for their inefficiency and delay is what I find "hard to understand".

Thank you again for the link to the updated policy.

If anyone has had a similar situation - an expired medical that resulted from an excessive delay in I-485 processing, I'd be interested to hear how the situation resolved. Did you just deal with paying for a new medical? Did you contact USCIS and if so, what was the resolution? Thank you for taking the time to read this!

I apologise if it came across as diminishing you, I was just pointing out that the 1 year expiry isn't too hard to understand because it's simply 1 year from the date you submitted it to USCIS.

When I said Pre-Feb I thought was pretty clear because you had said in your first post that Adrian’s K1 visa was issued Feb 26, 2014, so I was referring to your medical being completed prior to the K1 being issued so it has well and truly expired now. Then you gave me the specific date of Dec 2013, which is prior to his visa being issued (so Pre-Feb). Sorry that you couldn't understand me good luck on your journey!