AOS Nov 2015 Filers

[yuna628 9,652]

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.

That's wonderful!

I hope the result is similar when we reply to our RFE next week.

[Jeffrey&David 26]

That's wonderful!

I hope the result is similar when we reply to our RFE next week.

Thanks....as you know the journey has been long for us! I hope it does as well. I'm thinking they felt bad for me to wait so long, and then have an RFE that wasn't correct. Everyone's support here has been great though.

[ChasUno 101]

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.

Congratulation Jeffrey&David!

Also, sorry I didn't respond to your earlier posting. I've been away for almost a week. Glad that finally you are over that last USCIS hurdle

As to my case, I sent the latest details to my local congressman who are now involved with the case. They contacted USCIS, and this is the response from my congressman:

"I just spoke with our liaison and I will try to put this in an email where it makes sense…basically, the issue is what you mentioned below: DS3025 Form #2) ‘Summary for an Immigrant Visa Applicants’ not having a checked box. For State Department purposes, a box does not need to be checked; however, for USCIS purposes it does (which I know, does not seem to make any sense). This was taken to a senior officer for review to make sure it is 100% necessary and had this not been caught now, it could cause you bigger problems down the road. I’m sorry to be the bearer of bad news, but you will be required to follow the exact instructions on the RFE and send it in."

It SOUNDS as if it's just the DS3025 that is the issue, and that damn blanket waiver check box that Knightsbridge refused to tick. However, seeing Yuna's RFE, hers specifically mentioned they just wanted the vaccination work sheet, whereas mine suggests they want the ENTIRE I-693 Medical AND vaccination worksheet. This is what my RFE stated:

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

If they only want the vaccination sheet part, they have not worded it clearly to indicate this. To me, "Submit a complete Form I-693", followed with "Report of Medical Examination and Vaccination Record" sounds more that they want BOTH.

I have just called my congressman's office to see if they can clarify this, and will hopefully hear this afternoon. If they can clarify that it means just the DS3025 completed by a USCIS Civil Surgeon, then I will do as they ask. I will also do the same as Jeffrey&David and submit it with a covering letter including the USCIS' instructions that clearly state that K1 visa applicants who had a medical done overseas DO NOT require another medical if no Class A conditions were found as part of the K1 Visa medical.

I also feel that heads should roll at Knightsbridge, as so many of us having the medical done there were all denied having the Blanket Waiver check box ticked, even though many of us asked them to do it. The fact that they've now allegedly changed the form to include a second page that WILL show K1 visa holders meet US vaccination requirements means someone screwed up the form for us K1 applicants. A shoddy state of affairs.

For those in a similar situation with an RFE suggesting a complete new medical is required, these instructions from USCIS' own website clearly show that K1 applicants with no Class A conditions DO NOT NEED ANOTHER MEDICAL!

"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."

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

Note also C. (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". This might alleviate concerns from those about whether the medical expires, because as long as you FILE the medical with your I-485 within one year of having the medical, it is indefinitely valid while the I-485 application is active. In other words, you can file your AOS 11 months and 30 days from the date of the medical, and as long as USCIS gets the application before 12 months has elapsed then your medical is valid. If your I-485 is denied, or expires, and you subsequently re-apply for AOS, then you will have to get another medical done if it is more than one year since the date of your previous medical.

[gpiper 77]

Good for you, mine is still stuck and I'm guessing it will be minimum of 30 days before anything changes.

[yuna628 9,652]

Senior officer for review huh? I guess that guy also missed the I-485 instructions (pg4 7© ) which also clearly state you only need the vaccination supplement. While our civil surgeon feels perhaps they simply lost everything (which would only make sense if the RFE had requested everything), I also agree and think it's because of the DS3025 checkbox. The officer in both our cases has discredited it's use due to the checkbox not being ticked. The officer on our case is perhaps wise enough to know the I-485/I-693 instructions stating the need for only the I-693 vaccination portion and knows that the medical is still good.

It's more murky for you though. Stating a need for the entire form implies that they have lost your medical completely. But the fact that the congressperson has determined it relates to the checkbox tells me, the person reviewing your case doesn't quite get the rules about a K1 not needing a new medical entirely... and it's even worse that the senior officer wouldn't know this either. So the question remains, have they lost your medical entirely? Or have you got a few fries short of a happy meal in that office on your hands....

Edited June 3, 2016 by yuna628

[wbeem 568]

Geez, what a damn nightmare. Every time I see Chas or Yuna has posted I click on here hoping for good news.

Chas, we had issues at Knightsbridge with that blasted box and they refused to check it. I was in there for hours and the receptionist eventually went back to speak with a Doctor and they were adamant that the new forms do not get it checked. Of course after the fact, I read that people were having issues with this.

However, despite that, we were approved with a medical over a year past, and no RFE for it. Bottom line is, I guess it depends which agent picks up your file

There is so much inconsistency in this whole process. It's not just waiting times but the manner of processing that varies so widely it's impossible to figure out what they want. At least if it was all cut and dried at the outset, we could make sure they had what they needed. But they seem to 'need' whatever and whichever agent wants at any given time and that appears to change continuously.

I'm so sorry you guys are still going through this. I really don't even have any words of comfort to offer.

In other news, I am still without my Green Card which was approved over a month ago. It sounds like I just have to sit and wait.

[Jeffrey&David 26]

Thanks for the congratulations. I still want David to have that physical card before celebrating fully though! Ha Ha.

I originally sent only part of the I-693 that was required (and did not send pages 5,6,7,8 which are the medical exam portions.) My RFE did request those pages, however, even though they had the medical in my file. So it could just be an error in review. As you saw above, my response was basically saying their RFE was incorrect, however I did send the "blank" pages, since they specifically requested in the RFE. Maybe it is just a checklist that they look for every page, even if blank. So I would get your vaccinations completed, but still send all the pages even blank, with the same instructions info I sent etc.

It still amazes me that for as many K-1's as are completed by USCIS, a reviewer could have missed that on our file and sent the RFE. It seems pretty basic, but as I am learning, nothing is basic in this process!

Hope it gets fixed for you soon!

JB

[ChasUno 101]

Latest update on my case. I queried with my congressman's office regarding the wording of the RFE, and also the initial response from USCIS regarding that wretched check box on form DS3025.

She (congressman's aid) contacted USCIS again, and while they basically agreed that it's the vaccination worksheet that's the prime issue, they are still insisting that I have to have a COMPLETE I-693 submitted along with a medical completed by a USCIS Civil Surgeon. They were also vague over the wording of their own instructions whereby a K1 does not require another medical. Their argument being that I need to comply with the full request of the RFE otherwise I risked having my petition denied. Either that, or someone has lost the medical, or the US Embassy in London didn't include it in the K1 sealed envelope.

It sounds to me more that someone messed up (again) when the RFE was initially issued (they should've specifically asked for the vaccination part only), but they won't backtrack on it. In other words, I have to be inconvenienced in time and finances in seeking out a Civil Surgeon because USCIS are incapable of doing their jobs in a timely and efficient manner. Right now I am mentally burning both Knightsbridge and USCIS with the largest amount of Hellfire I can muster...

Anyone else in my situation, also be aware if the time it takes to find and book a Civil Surgeon. Matters in my case weren't helped by the RFE being dated 20th May and not arriving until a week later until 27th May (Friday). I couldn't get hold of my congressman's office until the 30th, and with the time taken to have them contact USCIS and reply to emails and such, another week went past. By the time I realised that USCIS weren't going to play by their own rules and regulations, I was barely two weeks away from the deadline to submit the RFE. Many of the Civil Surgeons near me can't see me until next week (13th), and you need two appointments. The one I am using could only follow up the initial appointment a week after the first visit, which is barely days from the deadline. If everything goes to plan, I should still have a couple of days to get the completed I-693 express posted overnight to USCIS (with a signature on receipt obviously).

I'll be glad when this whole farce is over. However, after I get that green card in my hand, I really feel like making a formal complaint against USCIS for their utter incompetence and their inability to follow their own rules. Even rules that are waived in front of them completely contradicting what they are asking.

So thanks once again USCIS for wasting both my time and money. One has to wonder what was the whole point of paying for the K1 medical at Knightsbridge, as well as doing everything possible to ensure I got all the required vaccinations beforehand if they are just going to completely discard them. GRRRRRRRRRR!

[yuna628 9,652]

It sounds to me as if the medical has been lost, and they won't let you slide because of the tick box. Maybe the officer was thinking about letting you slide, but went to someone higher when they realized the medical was missing. The overhead guy won't let it slide, and if the officer does they might get in trouble.

In our case, I think it's that they have the medical.. but it won't matter because of the tick box. And even the original copy won't be ticked either.. so that's why they requested the vax sheet only (which should be normal I guess).

Or maybe no one is telling the truth here in an attempt to hide their own stupidity. Our civil surgeon said she sees it so much now. They are the ones at fault, but they will never admit it, and the immigrant has no way of fighting it other than to comply.

It's also kind of odd that they gave you not a lot of time to respond to the RFE. In our case, we had from May to August. That seems a great deal more time than you were given.

Feel so bad for you guys...

We responded to our RFE with a polite but strongly worded letter as to why we have complied to their request but needlessly... they received it this morning. Here's hoping..

[Jeffrey&David 26]

I'll be glad when this whole farce is over. However, after I get that green card in my hand, I really feel like making a formal complaint against USCIS for their utter incompetence and their inability to follow their own rules. Even rules that are waived in front of them completely contradicting what they are asking.

I have thought that myself. But in the end, who do you send that complaint too, and who will listen. Sorry you have to go through all that nonsense. The inconsistency of the entire process is what bothers me the most. Time is one thing. If we all are on the same track and there is consistency in the processing, then waiting is easier. But when the whole process is inconsistent, that's what drives us all crazy!

We are hoping once you get this done, your approval is coming soon thereafter!

JB

[TXR21 2]

I submitted a service request May 20th and still have not heard back. How long did you guys wait for your service request for those of you that submitted one? I'm suppose to expect a reply by June 11th.

[PhuongNRon 5]

I submitted a service request May 20th and still have not heard back. How long did you guys wait for your service request for those of you that submitted one? I'm suppose to expect a reply by June 11th.

Hi TXR21

I submitted a request on May 7th and I got a response in the mail on May 24th. The letter dated May 19th, so it took them almost 2 weeks just to respond!! And then the letter says my case is still pending and they cannot give me a time frame how long it will take.....well that was a very helpful response...smh.

[laujersey 3]

Hi everybody! Just got the interview scheduled for july 12, no I-130 approved yet. I submitted the vaccination and affidavit of support papers in Nov, do I have to take them to the interview? Cause I dont have them ?

[Jeffrey&David 26]

David's Green Card Received Today. The AOS journey is over for us. I really hope all of you waiting and responding to RFE's get closure soon! It has been too long for all of us. I will keep checking in for sure on your progress. Thanks for all the support!

JB

[KASH2011 382]

David's Green Card Received Today. The AOS journey is over for us. I really hope all of you waiting and responding to RFE's get closure soon! It has been too long for all of us. I will keep checking in for sure on your progress. Thanks for all the support!

JB

Congrats!