AOS for K1

[Lentoco 0]

Hi im in the Navy stationed overseas in Japan with my wife. Shes Filipino and came to the US with her K1 visa. Just as we were about to file for her i-485 we got orders to Japan. Long story short were here in Japan and her medical expired so we have to get an i693 done. The USCIS website states that overseas only a panel physician can do the medical exam. So we began with that approach and went to one of the Doctors listed on the USCIS websites here in Tokyo. At the end we were given a ds3030 and not an i693. Will a ds3030 be ok instead of i693? 2nd question, uscis states that military physicians within the US are authorized to complete i693, does this include military physicians here stationed in Japan? Out address here is technically still US. (sidenote: we were given the ok to come to Japan by USCIS as long as we updated her address to the base we were at)

Thanks for any help guys.

[EM_Vandaveer 2,408]

I hate to break it to you but if your wife left the US after a K-1 entry & marriage to the petitioner but before filing I-485, then the only way forward is filing for a spousal visa.

You have to file an I-130 first. The whole process is going to take a year.

Now I may be misunderstanding you. Did you file the I-485 along with I-131 and receive an AP document?

Edited July 9, 2016 by EM_Vandaveer

[Lentoco 0]

I made sure that wasnt the case before we left the us. My wife has a SOFA stamp in her passport and technically has not left the US. We have alteady travelled back to the states multiple times vis AMC flights. So this is not the issue.

[EM_Vandaveer 2,408]

OK then. You need an I-693 specifically, and I think you need a civil surgeon in the US to fill it out. If you visit the US from time to time, get it done during a visit.

I suppose you could ask a military physician where you are, see what they say? I'd think if they were allowed to fill it out, they would know? It could be a long shot.

Edited July 9, 2016 by EM_Vandaveer

[Shauneg 762]

I made sure that wasnt the case before we left the us. My wife has a SOFA stamp in her passport and technically has not left the US. We have alteady travelled back to the states multiple times vis AMC flights. So this is not the issue.

Be sure to look into expediting her citizenship once you get the green card....

[KayDeeCee 4,893]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartC-Chapter3.html

B. Blanket ​D​esignation of ​M​ilitary ​P​hysicians as ​C​ivil ​S​urgeons​ ​
​
1. Overview​

Through policy, USCIS extended a blanket civil surgeon designation to military physicians for the completion of all parts of a required immigration medical examination for members and veterans of the ​U.S. a​rmed ​f​orces and certain eligible dependents if the military physician meets certain conditions. ​

This blanket designation eases the difficulties encountered by ​U.S. a​rmed ​f​orces ​members, veterans, and certain eligible dependents ​when ​obtain​ing immigration​ medical examination​s​. It also ​eases the civil surgeon designation process for military physicians, since many military physicians are not licensed in the states in which they provide medical services for the military. ​Furthermore, this policy relieves USCIS of the need to maintain lists of individual military physicians designated as civil surgeons. ​
​
2. Eligible ​P​hysicians​

Participation in this blanket civil surgeon designation is entirely voluntary and at the discretion of each medical facility. This blanket designation only applies to military physicians who:​

•Meet the professional qualifications of a civil surgeon​ [12] except that the physician may be licensed in ​any ​state​ in the United States​, and is not required to be licensed in the state in which the physician is performing the immigration medical examination; ​

•Are employed by the Department of Defense (DOD)​ or provides medical services to ​U.S. armed forces​ members, veterans, and their dependents as military contract providers or civilian physicians​; and​

•Are a​uthorized to provide medical services at a ​military ​treatment facility (MTF) within the United States. ​

​Neither the medical facility nor the physician who qualifies and wishes to participate in the blanket designation need​s to​ obtain approval from USCIS prior to performing immigration medical examinations as specified in the next section. Blanket designated civil surgeons are exempt from both USCIS application and fee requirements for civil surgeon designation.​

However, military physicians must review and be familiar with CDC​’​s ​Technical Instructions​ ​for the Medical Examination of Aliens in the United States​ before they can begin performing immigration medical examinations.​ [13]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html#S-C-4

Signature of a Military Physician designated as a Civil Surgeon for Members and Veterans of the Armed Forces​

​

To ease the difficulties encountered by physicians and applicants in the military, USCIS issued a blanket civil surgeon designation to qualifying military physicians to permit them to perform the immigration medical examination and complete the ​Form I-693​ ​for eligible members and veterans of the ​U.S. armed forces​ and their dependents.​ ^[16] ​

​

Pursuant to the understanding reached between USCIS and the CDC, military physicians who qualify under this blanket civil surgeon designation may perform the entire immigration medical examination as long as the exam is conducted in the United States on the premises of a Military Treatment Facility (MTF) and conducted for a​ U.S. armed forces​ member, veteran, or dependent who is eligible to receive medical care at the MTF.​

​

If operating under the blanket civil surgeon designation for military physicians, a physician’s signature may be either an original (handwritten) ​or​ stamped signature, as long as it is the signature of a qualifying military physician. Nurses and other health care professionals may, but are not required to,​ ​co-sign the​ form​. The signature of the physician must be accompanied by the official stamp or raised seal of the MTF, whichever is customarily used.​

​

If the military physician does not properly sign, the officer should return the medical documentation to the applicant for corrective action.​

[EM_Vandaveer 2,408]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartC-Chapter3.html

B. Blanket ​D​esignation of ​M​ilitary ​P​hysicians as ​C​ivil ​S​urgeons​ ​

​

1. Overview​

Through policy, USCIS extended a blanket civil surgeon designation to military physicians for the completion of all parts of a required immigration medical examination for members and veterans of the ​U.S. a​rmed ​f​orces and certain eligible dependents if the military physician meets certain conditions. ​

This blanket designation eases the difficulties encountered by ​U.S. a​rmed ​f​orces ​members, veterans, and certain eligible dependents ​when ​obtain​ing immigration​ medical examination​s​. It also ​eases the civil surgeon designation process for military physicians, since many military physicians are not licensed in the states in which they provide medical services for the military. ​Furthermore, this policy relieves USCIS of the need to maintain lists of individual military physicians designated as civil surgeons. ​

​

2. Eligible ​P​hysicians​

Participation in this blanket civil surgeon designation is entirely voluntary and at the discretion of each medical facility. This blanket designation only applies to military physicians who:​

Meet the professional qualifications of a civil surgeon​ [12] except that the physician may be licensed in ​any ​state​ in the United States​, and is not required to be licensed in the state in which the physician is performing the immigration medical examination; ​

Are employed by the Department of Defense (DOD)​ or provides medical services to ​U.S. armed forces​ members, veterans, and their dependents as military contract providers or civilian physicians​; and​

Are a​uthorized to provide medical services at a ​military ​treatment facility (MTF) within the United States. ​

​Neither the medical facility nor the physician who qualifies and wishes to participate in the blanket designation need​s to​ obtain approval from USCIS prior to performing immigration medical examinations as specified in the next section. Blanket designated civil surgeons are exempt from both USCIS application and fee requirements for civil surgeon designation.​

However, military physicians must review and be familiar with CDC​​s ​Technical Instructions​ ​for the Medical Examination of Aliens in the United States​ before they can begin performing immigration medical examinations.​ [13]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html#S-C-4

Signature of a Military Physician designated as a Civil Surgeon for Members and Veterans of the Armed Forces​

​

To ease the difficulties encountered by physicians and applicants in the military, USCIS issued a blanket civil surgeon designation to qualifying military physicians to permit them to perform the immigration medical examination and complete the ​Form I-693​ ​for eligible members and veterans of the ​U.S. armed forces​ and their dependents.​ ^[16] ​

​

Pursuant to the understanding reached between USCIS and the CDC, military physicians who qualify under this blanket civil surgeon designation may perform the entire immigration medical examination as long as the exam is conducted in the United States on the premises of a Military Treatment Facility (MTF) and conducted for a​ U.S. armed forces​ member, veteran, or dependent who is eligible to receive medical care at the MTF.​

​

If operating under the blanket civil surgeon designation for military physicians, a physicians signature may be either an original (handwritten) ​or​ stamped signature, as long as it is the signature of a qualifying military physician. Nurses and other health care professionals may, but are not required to,​ ​co-sign the​ form​. The signature of the physician must be accompanied by the official stamp or raised seal of the MTF, whichever is customarily used.​

​

If the military physician does not properly sign, the officer should return the medical documentation to the applicant for corrective action.​

So it has to happen in the US?

[KayDeeCee 4,893]

So it has to happen in the US?

That is how it is worded, and how it seems. Makes sense, since AOS happens with the US.

If this includes doctors working in military treatment facilities outside the US, I cannot find any source that states it.

https://my.uscis.gov/findadoctor

Finding an Authorized Doctor

When you apply for a green card (adjustment of status) in the United States, you usually need to have a medical examination. The exam must be done by a doctor who is authorized by U.S. Citizenship and Immigration Services (USCIS). USCIS designates certain doctors (also known as civil surgeons) to perform the medical exam required for most Green Card applicants. Military physicians are authorized to perform immigration medical exams at a military treatment facility within the United States for U.S. veterans, members of the U.S. military and designated dependents.

[NikLR 13,227]

Sounds to me like they need to be authorized in the USA, not necessarily within the USA. So it can't be a foreign doctor; it has to be one who's A) employed by the DoD and B) a US based doctor who can treat people within the USA at a military base.

Edited July 11, 2016 by NLR

[KayDeeCee 4,893]

But it states as long as as the exam is conducted within the US >"..military physicians who qualify under this blanket civil surgeon designation may perform the entire immigration medical examination as long as the exam is conducted in the United States on the premises of a Military Treatment Facility (MTF).."

And they even underlined within the United States on the USCIS page for finding civil surgeons, stating they can perfom the exam at a MTF within the US.

If they were meaning for doctors working on military bases abroad to be able to be designated as civil surgeons and provide the required exam and I-693, then they really need to change the wording of their policies. As it reads, it appears they can only be designated civil surgeons if they are performing the exams at a MTF inside the US, and not MTFs on bases abroad.

The OP can ask about it at the MTF on his base and see if they say they have a doctor that can act as a civil surgeon and supply an I-693 for an adjustment of status applicant, or if they need to see one within the US.

[NikLR 13,227]

Technically all bases are on us soil. I agree to ask the MD at their base.

Edited July 11, 2016 by NLR

[KayDeeCee 4,893]

Military bases are not actually US soil. That is why children born abroad on military bases do not automatically acquire US citizenship as if born within the US.

https://fam.state.gov/fam/07fam/07fam1110.html

Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not born in the United States and does not acquire U.S. citizenship by reason of birth.

[Shauneg 762]

Are you in Okinawa? I've known folks who've adjusted there...they use the on base doctors...

[Shauneg 762]

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.uscis.gov/sites/default/files/USCIS/Outreach/Feedback%2520Opportunities/Interim%2520Guidance%2520for%2520Comment/MilitaryPhysicians-PM.pdf&ved=0ahUKEwjSlreJtezNAhVIlx4KHWVaAn8QFgglMAM&usg=AFQjCNHGYrsEVneuv797z-hqDzN-pv2U1g&sig2=n-MCoA_sW_yDzJwREmkm1Q

[NikLR 13,227]

Military bases are not actually US soil. That is why children born abroad on military bases do not automatically acquire US citizenship as if born within the US.

https://fam.state.gov/fam/07fam/07fam1110.html

Despite widespread popular belief, U.S. military installations abroad and U.S. diplomatic or consular facilities abroad are not part of the United States within the meaning of the 14th Amendment. A child born on the premises of such a facility is not born in the United States and does not acquire U.S. citizenship by reason of birth.

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