AOS Nov 2015 Filers

[Ethline 17]

Happy Friday,

My hubby got his GC in the mail today. We are so thrilled. Funny thing is the card stated he was approved since 21 of March. We called USCIS in April spoke to a Tier 2 officer and they didn't tell us we were approved. We wish everyone here a fast approval.

[wbeem 568]

Happy Friday,

My hubby got his GC in the mail today. We are so thrilled. Funny thing is the card stated he was approved since 21 of March. We called USCIS in April spoke to a Tier 2 officer and they didn't tell us we were approved. We wish everyone here a fast approval.

Congratulations, Ethline!!

We got approved too, with no notice and I called and put in a service request after we were approved and the agent seemed to believe that they had not processed our case yet. I got my approval notice about 10 days before the website eventually updated, but there has been no news on the Green Card.

In other news, we did get a letter from USCIS today in the mail, addressed to my husband (which I thought was weird since I am the applicant for AOS) only to discover that it was a reply to our service request for our I-129-F for the K1 in ... wait for it ... March last year They only replied now and simply stated that they had no information and we should contact the NVC about or petition

I'm so pleased you finally have your card now. What a journey!

[ChasUno 101]

Yep. It's for the vax form, even though we sent in the DS3025.

Another interesting kicker? This letter is not even from the NBC or even Baltimore. It's coming from the Manchester, NH Field Office... and they are backed up to June 2015!

So they are asking for only the vaccination sheet I-693, which is fine.. sure we can go try and find a civil surgeon willing to transcribe it. But he had his UK medical in June 2015. Are we then going to get another RFE for the rest of the medical?

I will assume we will also be waived. Surely they would not expect us to drive all the way up to NH for an interview.. right?

You're not going to believe this Yuna. Or rather, you probably won't be surprised.

Guess what turned up in the mail today? Yes, after exactly 6 calender months since the RFE from November 27th, I checked the mail today to see a letter from USCIS. Anxiously I opened it and...

...it's an RFE for the medical, asking to: "Submit a complete Form I-693, Report of Medical Examination and Vaccination Record completed by a USCIS Civil Surgeon."

AAAAAAAAARRRRRRRRRRRRRRRRRRRRGGGGGGGGGHHHHHHHHHHH!

To say I am livid is an understatement. USCIS are absolutely and utterly incompetent. I've even double checked the USCS instructions for form I-693 and it clearly states:

"3. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

If you were admitted as a:

A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or

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 you file your Form I-485 within one year of an overseas medical examination, and:

(a) The panel physician did not find a class A medical condition during your overseas examination; or

(b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and you have complied with the terms and conditions of 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 Part 7. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 4., and 7. of Form I-693."

(Page 6 and 7 here: https://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf )

I can see no reason whatsoever for them requiring another medical. My Knightsbridge medical date was June 9th, therefore my medical is well within date. I meet all the USCIS requirements as outlined above. Nothing was flagged at my medical in London and my vaccination sheet was filled out correctly (as far as I am aware), and I submitted it with my AOS application. I do of course still have a copy.

I guess the only good news is that at least someone is now looking at my case, even if they appear to be incapable of following their own instructions and correctly reading the submitted forms they've been sitting on for six months. It also looks as if involving my local congressman did indeed give them the nudge they needed to actually do something with my case. As there appears to be no way of contacting the USCIS office dealing with my case, plus there was no contact portal supplied with the form to query the need for an RFE, I feel the only course of action now is to get back to my congressman and see if he can challenge them over this.

Oh, and the RFE from USCIS was dated 20th May, and it turned up today, one week later. And my online USCIS status still hasn't been updated since November 27th, exactly six months ago today...

*goes off to make Voodoo dolls of USCIS officers*

[yuna628 9,665]

Holy hell Chas...

Something to clarify first: are they asking for the medical redo entirely (the complete I-693), or are they asking as was the unusual wording in the RFE we received, for just the second part of the I-693 the vaccination supplement ONLY?

We are going to see the civil surgeon soon, and she felt (over the phone at least) that the wording implies they are either losing the medicals entirely after scuttling them to places they shouldn't be (maybe even to offices that aren't so familiar with K1 processes) or that because they aren't so in the know... that they aren't even acknowledging the DS3025s we send in as valid.

At first I had thought it was because Knightsbridge wasn't checking that box. But the RFE wording isn't giving us any clues, leading me to believe it's all down to an officer that is clueless. The kicker is now Knightsbridge is actually giving out new DS3025s, with a second page featuring wording stating the vaccinations are complete! People that didn't receive one the first time, can actually email and get the new redone one.

Which... yeah.. I know. Blows my ever lovin' mind. We could challenge this sure, but at this point we're both weary and want this over with. But I swear if we get a second RFE asking for then a full I-693 medical after we respond to this one.. heads are going to roll.

Someone needs a good kicking. And hard.

Our letter was dated the 18th, so it did not take that long to reach us.. (our rural postal service is frightening sometimes) but that does seem quite long to reach you.

Edited May 28, 2016 by yuna628

[Jeffrey&David 28]

So....Received an RFE. While we were holding out hope David's Green Card would just be approved, we are sadly at least excited that we know someone is actually looking at the file, since we had no update since receipt of AOS application.

RFE: I didn't send the blank pages that we did not have to complete (really!) and also the civil surgeon did not complete the "summary of overall findings on page 3." This doesn't make sense. The civil surgeon did not complete an examination. That was completed in Mexico and they have his medical in the file. He was only completing the vaccination portion of the I-693.

How should I respond? Can I call and explain to USCIS, or do I send blank pages 5,6,7,8 and then a letter explaining that no examination was necessary. How could they miss that?

Interesting thing is the letter came from the Newark, NJ Office. My local office is Albany, NY. Does anyone know if this means when approved, no interview will be needed? Or can it still get transferred to Albany as well. Just curious. Surprised that is where it came from.

JB

Edited May 28, 2016 by Jeffrey&David

[ChasUno 101]

Interesting thing is the letter came from the Newark, NJ Office. My local office is Albany, NY. Does anyone know if this means when approved, no interview will be needed? Or can it still get transferred to Albany as well. Just curious. Surprised that is where it came from.

JB

Interesting, as my case was transferred to Newark back in February. From numerous calls to USCIS between February and May, I get told that my local office will be Tampa, but the USCIS officers can't tell me where exactly my case is. Only after my congressman got involved did I finally find out that my case was in Newark as a "Potential Interview Waiver".

From what I gather, if you are likely to need an interview then your case will most probably get transferred to your local USCIS. If it gets transferred elsewhere (miles away), then there's a good chance you may get an interview waiver. Then again, USCIS told my congressman that my case was transferred to Newark due to "workload factors". Going by USCIS' own office processing times on their website, this sounds somewhat odd seeing as Newark are processing I-485's up to April 2015, while Tampa are further ahead at October 2015. Either that, or they were just making a shallow excuse to my congressman as to why they can't get their act together...

[ChasUno 101]

Holy hell Chas...

Something to clarify first: are they asking for the medical redo entirely (the complete I-693), or are they asking as was the unusual wording in the RFE we received, for just the second part of the I-693 the vaccination supplement ONLY?

Yes, holy hell indeed Yuna. My faith in the USCIS is at rock bottom. I am flabbergasted as to how such a big and important organisation can be so completely incompetent, inconsistent and incapable. They don't inspire confidence at all.

As to the wording in my RFE, this is what it said:

"Submit a complete Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS Civil Surgeon."

The rest of the wording is the usual blah blah about not submitting photo copies and only sending original forms, ensuring the Civil Surgeon and you sign the form etc.

By "complete Form I-693", I take that as wanting the medical done again AND the vaccination record. No other details were specified. Is that the same wording as per your RFE?

We are going to see the civil surgeon soon, and she felt (over the phone at least) that the wording implies they are either losing the medicals entirely after scuttling them to places they shouldn't be (maybe even to offices that aren't so familiar with K1 processes) or that because they aren't so in the know... that they aren't even acknowledging the DS3025s we send in as valid.

At first I had thought it was because Knightsbridge wasn't checking that box. But the RFE wording isn't giving us any clues, leading me to believe it's all down to an officer that is clueless. The kicker is now Knightsbridge is actually giving out new DS3025s, with a second page featuring wording stating the vaccinations are complete! People that didn't receive one the first time, can actually email and get the new redone one.

Which... yeah.. I know. Blows my ever lovin' mind. We could challenge this sure, but at this point we're both weary and want this over with. But I swear if we get a second RFE asking for then a full I-693 medical after we respond to this one.. heads are going to roll.

Someone needs a good kicking. And hard.

Our letter was dated the 18th, so it did not take that long to reach us.. (our rural postal service is frightening sometimes) but that does seem quite long to reach you.

I wonder too if they've managed to lose either, or both, the medical and/ or the DS-3025. Or as you said, they can't read the DS-3025 properly. If filled in as per requirements, the form clearly shows that vaccination requirements have been met even without the blanket waiver box ticked. That whole issue of getting the blanket waiver box ticked could come back to haunt us, especially as many of us tried to get Knightsbridge to tick it and they still refused. Adds insult to injury that Knightsbridge are now giving out a new DS3025 with the second page stating the vaccinations are complete, only after so many people were inconvenienced. What a bloody mess!

In my case, as my congressman is already involved I'm going to get them to hopefully take it up with USCIS. Either I'll get clarity that they only want the vaccination form completed, in which case I'll just try and find a Civil Surgeon who will sign off just that form. Or they'll still insist they need the medical as well, in which case I hope heads will roll when they get told a valid medical had been done as part of the US Embassy K1 visa process and they can explain why they are so incompetent by not having it included on file.

Hope your case gets dealt with correctly too from now on. We've all been put out for far too long by the total inadequacies of USCIS. All we want is just to get on with our lives after marrying the one we love!

[Jeffrey&David 28]

I did actually send in the Parts 1, 2, 4 & 7 of the I-693, and still got a rejection!

I was thinking of sending the 4 blank pages. 5, 6, 7, 8 since that was stated on the RFE, and I want to comply, with a cover letter stating that as a K-1, the complete medical was completed in Mexico, and part 3 is not necessary to be completed. I would add a copy of the I-693 instructions stating such.

Does that seem reasonable?

JB

[yuna628 9,665]

Yes, holy hell indeed Yuna. My faith in the USCIS is at rock bottom. I am flabbergasted as to how such a big and important organisation can be so completely incompetent, inconsistent and incapable. They don't inspire confidence at all.

As to the wording in my RFE, this is what it said:

"Submit a complete Form I-693, Report of Medical Examination and Vaccination Record, completed by a USCIS Civil Surgeon."

The rest of the wording is the usual blah blah about not submitting photo copies and only sending original forms, ensuring the Civil Surgeon and you sign the form etc.

By "complete Form I-693", I take that as wanting the medical done again AND the vaccination record. No other details were specified. Is that the same wording as per your RFE?

I wonder too if they've managed to lose either, or both, the medical and/ or the DS-3025. Or as you said, they can't read the DS-3025 properly. If filled in as per requirements, the form clearly shows that vaccination requirements have been met even without the blanket waiver box ticked. That whole issue of getting the blanket waiver box ticked could come back to haunt us, especially as many of us tried to get Knightsbridge to tick it and they still refused. Adds insult to injury that Knightsbridge are now giving out a new DS3025 with the second page stating the vaccinations are complete, only after so many people were inconvenienced. What a bloody mess!

In my case, as my congressman is already involved I'm going to get them to hopefully take it up with USCIS. Either I'll get clarity that they only want the vaccination form completed, in which case I'll just try and find a Civil Surgeon who will sign off just that form. Or they'll still insist they need the medical as well, in which case I hope heads will roll when they get told a valid medical had been done as part of the US Embassy K1 visa process and they can explain why they are so incompetent by not having it included on file.

Hope your case gets dealt with correctly too from now on. We've all been put out for far too long by the total inadequacies of USCIS. All we want is just to get on with our lives after marrying the one we love!

Chas, the wording of our RFE is this: ''An immunization supplement was not submitted with your application. Submit a complete form I-693 immunization supplement. This is ONLY the last page of the I-693 report of medical examination and vaccination record, completed by a USCIS civil surgeon.'' Now.. the wording is odd, as it's asking for just the last page.. and as you know if you are a K1 and do need to send the I-693 vax sheet, you don't send the last page at all, you send a couple of pages with the last page. Pretty weird to me.

I did actually send in the Parts 1, 2, 4 & 7 of the I-693, and still got a rejection!

I was thinking of sending the 4 blank pages. 5, 6, 7, 8 since that was stated on the RFE, and I want to comply, with a cover letter stating that as a K-1, the complete medical was completed in Mexico, and part 3 is not necessary to be completed. I would add a copy of the I-693 instructions stating such.

Does that seem reasonable?

JB

I think in light of this, I will also include a copy of those instructions with my RFE response.

Edited May 28, 2016 by yuna628

[Jeffrey&David 28]

Chas, the wording of our RFE is this: ''An immunization supplement was not submitted with your application. Submit a complete form I-693 immunization supplement. This is ONLY the last page of the I-693 report of medical examination and vaccination record, completed by a USCIS civil surgeon.'' Now.. the wording is odd, as it's asking for just the last page.. and as you know if you are a K1 and do need to send the I-693 vax sheet, you don't send the last page at all, you send a couple of pages with the last page. Pretty weird to me.

I think in light of this, I will also include a copy of those instructions with my RFE response.

This is the response I have prepared so far. Thoughts?

Dear Sir or Madam:

We have received the Request for Evidence enclosed, dated 5/23/2016. In response to the RFE, please find enclosed the following:

1. Copy of Request for Evidence;

2. I-693 Pages 5,6,7 & 8;

3. I-693 Instructions Pages 6 & 7;

4. Copy of I-693 Pages 1,2,3,4 & 9 as previously provided.

David is adjusting from a K-1 Visa. He received a full medical in Ciudad Juarez, which was a requirement to receive the K-1 Visa. His medical examination records were presented to the consulate at his interview, and subsequently at his Point of Entry in Atlanta.

Per the I-693 Instructions in Part 3(3)(A), ©(1), a K-1 Visa holder adjusting status who has already received a medical examination is not required to have another medical exam as long as I-485 is filed within one year of an overseas medical examination and the panel physician did not find a class A medical condition. David has met this requirement as his medical examination was completed 8/24/2015 and there was no Class A medical condition found.

Per I-693 Instructions Part 3(3)©(2), If a Medical Examination is not required, proof must still be shown vaccinations requirements were met. In this case, you must submit Parts 1, 2, 4 and 7 of the Form I-693 (Pages 1, 2, 3, 4 & 9). These pages and completed Parts were submitted as part of the AOS Application, as has been confirmed by the RFE received.

Please accept these documents and explanation as full compliance for the Request for Further Evidence, and contact us if you have any questions or need any further information or clarification.

Thank you in advance for your attention to these materials and for the continuing process of David’s adjustment of status.

Yours truly,

[Anggva 22]

I finally got an update this morning. The interview was scheduled for June 30. Any good interview tips?

[Jeffrey&David 28]

Sent in RFE Response with the blank pages and explanation that David is adjusting from K-1 and had medical in Mexico as a requirement of the Visa. Also confirmed it does not fall outside of the 1 year since the medical. Sent along the I-693 Instructions explaining K-1 only needs to send the vaccination portion (Parts 1, 2, 4 & 7). Also sent blank pages that were specifically requested to be thorough. Hopefully it was just a mistake by whomever was reviewing, and when they receive the response they will see that. Of course I worded it as nicely as possible so not to ruffle any feathers!!!

JB

[Jeffrey&David 28]

Received Notification that RFE Response was received with following update online. Is this the standard response when RFE response received? Do you receive any specific response that what was sent is good or not good? Just curious. Interesting, because it also says National Benefits Center will begin working on your case again, but the file seems to be in Newark, not NBC. Anyway, at least they updated that they received, even though I tracked, it's good to know it got to where it needed to go. Just hoping it's a good enough response!

JB

Response To USCIS' Request For Evidence Was Received

On June 1, 2016, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number MSCXXXXXXXXXX. Our National Benefits Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[gpiper 77]

Yep that's the online status I have too. Now you just wait for some further news on east they made of your new evidence.

[Jeffrey&David 28]

Well - I guess my RFE response worked! Just got this update. Now just the wait for the actual card! Almost there!

New Card Is Being Produced

On June 2, 2016, we ordered your new card for Receipt Number MSCXXXXXXXXXX, and will mail it to the address you gave us. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.