Infopass Relationship K1 I-485 I-693 DS-3025 Intent to Deny Submitted in Error

[skywheel 2]

Just sharing my experience with an I-485 Intent to Deny with this box checked:

Submit a properly completed and signed Form I-693, Report of Medical Examination and Vaccination Record (all pages of Form I-693 must be the same revision date).  The medical examination must be conducted by a civil surgeon who has been designated by USCIS.

 

And also providing a link to another post below I found to be very helpful.  We had 30 days to reply to the Intent to Deny or have the I-485 process start all over again with all associated costs again.  I called USCIS and spoke to 2 different people.  Neither could see the Intent to Deny in our file.  The first was entirely unhelpful, basically saying do what the letter said.  The second was much more willing but didn't have any notes from the adjudicating officer to have any more detail about the issue.

 

This story has a happy ending!  The key to this happy ending was a relationship established with an officer at an Infopass appointment to resolve missing dates on our NOA1 for the I-485 and I-765 back in March.  She provided her direct email at that appointment and then assisted us with an expedite request on the I-765 in April via email that was approved.  When we received the Intent to Deny for the I-485, I contacted her - first with a more general email to which she responded "The officer adjudicating this case indicated that the documentation submitted was not sufficient (likely reasons it was rejected: photocopy, or missing age appropriate vaccinations, or vaccinations not included, or entire package missing from the file)."

 

I then responded with the following information:

Can you please provide the reason that the documentation submitted was not sufficient?  He had a medical examination overseas with a USCIS surgeon within the past year, and we submitted the original DS 3025 created at the same time with the I-485.  We would like to understand if the entire medical including the vaccination supplement must be repeated at an additional cost of over $500 or if just the vaccination supplement must be completed at a cost of around $75.  We are asking in the context of the following references:  

 

• I-485 instructions for section 7C Fiancé(e)s:   If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your Form I-485. 
• I-693 frequently asked question #3:  What if I am a K nonimmigrant visa holder and already had a medical examination overseas?
  If you were admitted as a:

          • K-1 fiancé(e) or a K-2 child of a K-1 ancé(e); or

          • K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

          • You received a medical examination prior to admission, then:

              • (1)  You are not required to have another medical examination as long as you le 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 nd 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 9. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 3., 4., 6., and 9. of Form I-693.

 

She escalated to a supervisor and then replied back that the Intent to Deny was submitted in error and later that same day we received notices that the I-485 had been approved and the card was in production.  If I had it to do over again, I would schedule an Infopass appointment for informational purposes even if I didn't have any challenges, just to have the opportunity to establish a relationship with an officer.

 

Best of luck in your journey!

 

 

[Ebunoluwa 6,136]

Glad you were lucky to get it resolved.