Jump to content
TrufflePiggy

RFE (They lost my medical), replied with DS-3025, two months no response

 Share

40 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Canada
Timeline

Then I would do a service request fast. Because if you sent in the wrong response for the RFE they might deny your case.

How do I do a service request? Is that on the website or by phone

Link to comment
Share on other sites

They ticked a box on an RFE sheet.

It said:

"Complete updated form edical examination report form (I-693) and mediccal examination report supplemental (I-693A) The documents must be submitted in the original envelope sealed by the medical office"

While I am not sure if it's what caused your status to be stalled, not sending in the I-693 or I-693A will likely be an issue.

It seems to be a common issue that people who provided a complete DS-3025 with their K-1 visas are now getting RFEs asking them to send in the I-693/A.

I would definitely make a service request as other have mentioned and start looking for civil surgeons in your area.

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

While I am not sure if it's what caused your status to be stalled, not sending in the I-693 or I-693A will likely be an issue.

It seems to be a common issue that people who provided a complete DS-3025 with their K-1 visas are now getting RFEs asking them to send in the I-693/A.

I would definitely make a service request as other have mentioned and start looking for civil surgeons in your area.

I just called USCIS and talked to a representative. They are looking into my case and said I should get a response within 30 days. I have a confirmation # from the phone call.

Is calling the same as sending an online service request?

Link to comment
Share on other sites

Ugh this stupid RFE.

One, was this the Newark Field Office by any chance?

Two, forget calling USCIS on your own. This is a bigger problem than the misinformation line can handle. Contact the Congressman who represents you. Find out who it is here: http://www.house.gov/representatives/find/ Go to his/her website and find the area for "constituent service" or "problems with federal agencies". There may be an e-form, or a phone number or email address. Whatever it is, explain the problem quickly and succinctly, and with your desired outcome. I would also find the number for the office and follow up with a phone call (NOT the office in Washington, DC, the local office... they all have a full staff of people whose only job it is is to work out issues like this. They have access to phone numbers that the public does not and are able to get a more than halfway competent person on the phone).

Your issue threefold:

1. You never should have received that RFE in the first place (unless that packet you submitted to CBP was actually truly lost which is rare). They were supposed to link it up with your AOS packet, and didn't for whatever reason and issued an RFE instead. Based on the response I got from my congressional inquiry, it sounds like they should have waited a bit longer for the file to arrive. They said ""We sent him a request for evidence to submit a new I-693 medical form. This was sent in error. His original overseas medical report was in a related file at the time the request for evidence was issued. The related file has now been received by the Newark Field Office and the original medical attached to the I-485 application.". So it's anyone's guess if they didn't have it because they didn't request it, or if it was late getting there or what. But, you shouldn't have gotten that RFE.

2. You then responded to the RFE incorrectly. They wanted you to take the CD and the DS 3025 to a civil surgeon and have them transcribe the vaccination history onto form I-693 and/or get a full medical again. It's not clear what they actually want because the instructions for I-693 clearly state that K-1 folks don't need it. So the RFE says "do this form, follow the instructions" and the instructions say "don't do this form". Good times.

3. The address issue/ you don't know if they've been trying to contact you.

I'd explain this to them by saying you got this RFE and it confused you because if you look at the instructions (link-- page 6 and 7 question 3), it says you don't need to do form I-693. So you sent the DS 3025 instead, thinking that's what they were after, but you realize now that that may not be the case, and on top of it you've moved and are not sure if they have the correct address and are concerned because you haven't heard anything. Tell them specifically that you're worried about a follow-up RFE or a notice of intent to deny that you haven't received and which could result in the denial of your case. Ask them if they can check to see if they have the right address and if they've tried to contact you in the past two months. Ask if they can also check into the RFE issue-- what were you supposed to do and is what you did going to be sufficient?

They'll call over and probably address the address issue first, then get into the weeds about the RFE. I'd bet that your packet from CBP either has arrived on its own already or being contacted by a congressional office will jog someone's memory that that's what they're supposed to do with K1s.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

Ugh this stupid RFE.

One, was this the Newark Field Office by any chance?

Two, forget calling USCIS on your own. This is a bigger problem than the misinformation line can handle. Contact the Congressman who represents you. Find out who it is here: http://www.house.gov/representatives/find/ Go to his/her website and find the area for "constituent service" or "problems with federal agencies". There may be an e-form, or a phone number or email address. Whatever it is, explain the problem quickly and succinctly, and with your desired outcome. I would also find the number for the office and follow up with a phone call (NOT the office in Washington, DC, the local office... they all have a full staff of people whose only job it is is to work out issues like this. They have access to phone numbers that the public does not and are able to get a more than halfway competent person on the phone).

Your issue threefold:

1. You never should have received that RFE in the first place (unless that packet you submitted to CBP was actually truly lost which is rare). They were supposed to link it up with your AOS packet, and didn't for whatever reason and issued an RFE instead. Based on the response I got from my congressional inquiry, it sounds like they should have waited a bit longer for the file to arrive. They said ""We sent him a request for evidence to submit a new I-693 medical form. This was sent in error. His original overseas medical report was in a related file at the time the request for evidence was issued. The related file has now been received by the Newark Field Office and the original medical attached to the I-485 application.". So it's anyone's guess if they didn't have it because they didn't request it, or if it was late getting there or what. But, you shouldn't have gotten that RFE.

2. You then responded to the RFE incorrectly. They wanted you to take the CD and the DS 3025 to a civil surgeon and have them transcribe the vaccination history onto form I-693 and/or get a full medical again. It's not clear what they actually want because the instructions for I-693 clearly state that K-1 folks don't need it. So the RFE says "do this form, follow the instructions" and the instructions say "don't do this form". Good times.

3. The address issue/ you don't know if they've been trying to contact you.

I'd explain this to them by saying you got this RFE and it confused you because if you look at the instructions (link-- page 6 and 7 question 3), it says you don't need to do form I-693. So you sent the DS 3025 instead, thinking that's what they were after, but you realize now that that may not be the case, and on top of it you've moved and are not sure if they have the correct address and are concerned because you haven't heard anything. Tell them specifically that you're worried about a follow-up RFE or a notice of intent to deny that you haven't received and which could result in the denial of your case. Ask them if they can check to see if they have the right address and if they've tried to contact you in the past two months. Ask if they can also check into the RFE issue-- what were you supposed to do and is what you did going to be sufficient?

They'll call over and probably address the address issue first, then get into the weeds about the RFE. I'd bet that your packet from CBP either has arrived on its own already or being contacted by a congressional office will jog someone's memory that that's what they're supposed to do with K1s.

I don't think it was the Newark Field Office.

Thank you for your response. I'm going to contact the congress office also.

I wish I hadn't sent in the CD, gah!

Link to comment
Share on other sites

The CD actually should just have the chest xray on it. It's of no value or use to the USCIS. I would still make an Infopass appointment, because waiting for a service request is going to take a while.

Our Journey Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo ext) 8/13/18 (18 mo ext)  - Bio: 6/27/18

Transferred: Potomac Service Center 3/26/19

Approved/New Card Produced status: 4/25/19 - NOA2 hardcopy 4/29/19

10yr Green Card Received: 5/2/19 with error >_<

N400 : 7/16/23 - Oath : 10/19/23

 

 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

The CD actually should just have the chest xray on it. It's of no value or use to the USCIS. I would still make an Infopass appointment, because waiting for a service request is going to take a while.

"

Currently, there are no available appointments. Please check again tomorrow."
Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

Ugh this stupid RFE.

One, was this the Newark Field Office by any chance?

Two, forget calling USCIS on your own. This is a bigger problem than the misinformation line can handle. Contact the Congressman who represents you. Find out who it is here: http://www.house.gov/representatives/find/ Go to his/her website and find the area for "constituent service" or "problems with federal agencies". There may be an e-form, or a phone number or email address. Whatever it is, explain the problem quickly and succinctly, and with your desired outcome. I would also find the number for the office and follow up with a phone call (NOT the office in Washington, DC, the local office... they all have a full staff of people whose only job it is is to work out issues like this. They have access to phone numbers that the public does not and are able to get a more than halfway competent person on the phone).

Your issue threefold:

1. You never should have received that RFE in the first place (unless that packet you submitted to CBP was actually truly lost which is rare). They were supposed to link it up with your AOS packet, and didn't for whatever reason and issued an RFE instead. Based on the response I got from my congressional inquiry, it sounds like they should have waited a bit longer for the file to arrive. They said ""We sent him a request for evidence to submit a new I-693 medical form. This was sent in error. His original overseas medical report was in a related file at the time the request for evidence was issued. The related file has now been received by the Newark Field Office and the original medical attached to the I-485 application.". So it's anyone's guess if they didn't have it because they didn't request it, or if it was late getting there or what. But, you shouldn't have gotten that RFE.

2. You then responded to the RFE incorrectly. They wanted you to take the CD and the DS 3025 to a civil surgeon and have them transcribe the vaccination history onto form I-693 and/or get a full medical again. It's not clear what they actually want because the instructions for I-693 clearly state that K-1 folks don't need it. So the RFE says "do this form, follow the instructions" and the instructions say "don't do this form". Good times.

3. The address issue/ you don't know if they've been trying to contact you.

I'd explain this to them by saying you got this RFE and it confused you because if you look at the instructions (link-- page 6 and 7 question 3), it says you don't need to do form I-693. So you sent the DS 3025 instead, thinking that's what they were after, but you realize now that that may not be the case, and on top of it you've moved and are not sure if they have the correct address and are concerned because you haven't heard anything. Tell them specifically that you're worried about a follow-up RFE or a notice of intent to deny that you haven't received and which could result in the denial of your case. Ask them if they can check to see if they have the right address and if they've tried to contact you in the past two months. Ask if they can also check into the RFE issue-- what were you supposed to do and is what you did going to be sufficient?

They'll call over and probably address the address issue first, then get into the weeds about the RFE. I'd bet that your packet from CBP either has arrived on its own already or being contacted by a congressional office will jog someone's memory that that's what they're supposed to do with K1s.

I sent an email to congress woman then called and talked to someone, and they told me to come in with the RFE. I'm headed there now.

Link to comment
Share on other sites

I sent an email to congress woman then called and talked to someone, and they told me to come in with the RFE. I'm headed there now.

Good. They will be able to help. I am pretty sure that whoever you'll talk to will know USCIS pretty well. Just in case though, remember the major bullet points.

First concern: have they tried to contact me at my old address?

Second concern: I think I responded to this RFE incorrectly can you help me fix it if I need to fix it which I may not because....

Third concern: I should not have gotten this in the first place. Here is why (go to the linked instructions). Can we check and see if there is some confusion on their end first? And if they still need something from me, is it full medical or only the vaccinations because the instructions are not clear.

Finally, don't worry about that CD. Every civil surgeon I talked to said that the fee for the medical is a flat fee, it doesn't matter if you don't need the chest x-ray. So really, just hope that they can realize that USCIS made a mistake here and if they're going to make you fill out a form, it's only the vaccination form, not the full medical.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

Good. They will be able to help. I am pretty sure that whoever you'll talk to will know USCIS pretty well. Just in case though, remember the major bullet points.

First concern: have they tried to contact me at my old address?

Second concern: I think I responded to this RFE incorrectly can you help me fix it if I need to fix it which I may not because....

Third concern: I should not have gotten this in the first place. Here is why (go to the linked instructions). Can we check and see if there is some confusion on their end first? And if they still need something from me, is it full medical or only the vaccinations because the instructions are not clear.

Finally, don't worry about that CD. Every civil surgeon I talked to said that the fee for the medical is a flat fee, it doesn't matter if you don't need the chest x-ray. So really, just hope that they can realize that USCIS made a mistake here and if they're going to make you fill out a form, it's only the vaccination form, not the full medical.

Thank you for this it was helpful at the office. They told me I'd hear back in 45 days or less.

I forgot to mention also that they sent the RFE to my new address, but they didn't have any apt # and the zip code was my old zip code not my new one. I'm lucky I even received it.

Is it strange that I did not receive a response to my change of address?

Link to comment
Share on other sites

Filed: K-1 Visa Country: Iran
Timeline

I would suggest scheduling infopass appointment with the local field office. They can pull your file and tell you where the case is at and whether the item you sent is satisfactory. We had similar issues with our case and it took a couple infopass appointments to ger everything straightened away.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

I would suggest scheduling infopass appointment with the local field office. They can pull your file and tell you where the case is at and whether the item you sent is satisfactory. We had similar issues with our case and it took a couple infopass appointments to ger everything straightened away.

Thanks, I'll try and tackle it from that angle also. Hopefully an appointment opens up.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...