EAD/AP RFE

[twstr9888 1]

Question. I know what the USCIS says but we are confused. We were issued for my wife and RFE on October 26. Her overseas medical expired on October 25. They gave us an RFE only for the work and travel permits. Not the I-485. What could that be from? I just wanna see what people think because now waiting we are both stressed and have to wait. Could it be her medical and have to get a new one being it was so close to the date? I mean within a day? Her biometrics was August 7 for both. But they issued a request for "Initial Evidence" not additional evidence. And it was only for the EAD and AP. Not the I-485. Thank you.

[Suss&Camm 2,213]

Her medical doesn't expire as long as it is valid at the time of filing the i-485. The i-485 is the main/principal application - so it doesn't matter what the rfe is issued for.

[Suss&Camm 2,213]

"Medical Examination

If you received a medical examination prior to admission as a K nonimmigrant, then you are not required to have another medical examination at time of adjustment as long as:

• Your Form I-485 is filed within 1 year of your overseas medical examination
• The medical examination did not reveal a Class A medical condition
• If you did have a Class A medical condition, you received a waiver of inadmissibility and you have complied with the terms and conditions of the waiver

Even if a new medical examination is not required, you still must show proof that you have 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 vaccination report completed by a designated civil surgeon. In this case, you are required to submit Part 1, Information About You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon's Certification, of Form I-693 (in an envelop sealed by the civil surgeon). Please see the instructions for Form I-693 (PDF, 333 KB) for further information."

 

https://www.uscis.gov/greencard/fiancees#medical

[twstr9888 1]

Thank you. Thats what I thought also. Just dont understand why the work and travel cases got an RFE but the I-485 didnt change or get anything. I saw one lawyer say they have to decide in 90 days and if they are behind they may issue an RFE for something like a photo ID even though you sent it just to delay it to catch up on files? I just have never seen an RFE for those 2 because its a combo card but nothing changed with the I-485.

[Stevephoto 230]

On 10/27/2017 at 10:34 AM, Suss&Camm said:

"Medical Examination

If you received a medical examination prior to admission as a K nonimmigrant, then you are not required to have another medical examination at time of adjustment as long as:

• Your Form I-485 is filed within 1 year of your overseas medical examination
• The medical examination did not reveal a Class A medical condition
• If you did have a Class A medical condition, you received a waiver of inadmissibility and you have complied with the terms and conditions of the waiver

Even if a new medical examination is not required, you still must show proof that you have 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 vaccination report completed by a designated civil surgeon. In this case, you are required to submit Part 1, Information About You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon's Certification, of Form I-693 (in an envelop sealed by the civil surgeon). Please see the instructions for Form I-693 (PDF, 333 KB) for further information."

 

https://www.uscis.gov/greencard/fiancees#medical

I agree with you in principal: This is the way I believe(d) it was supposed to be. However, a year or so ago (I am losing track of time!) there were suddenly a lot of posts similar to the OP's: USCIS was asking for a new medical even though the K-1 adjustment was filed within a year of the medical. It seemed that USCIS was requiring a new medical if the adjustment was not adjudicated within a year of the medical! There were numerous complaints about this because the time frame for AOS often extended beyond a year anyway. I am really not sure if this issue has been resolved or changed, but it might be the reason for the RFE   The advice I've seen here in those posts was to get the new medical. I hope the OP is able to find why the RFE came (maybe schedule an infopass if possible or talk to a tier 2 representative on the phone to find out) and that a new medical is not needed.

 

OP: It is my understanding that the EAD/AP is adjudicated separately from the AOS, so that might be why you got the RFE for those two while the GC status is as yet unchanged. Good luck OP.

[Suss&Camm 2,213]

3 hours ago, Stevephoto said:

I agree with you in principal: This is the way I believe(d) it was supposed to be. However, a year or so ago (I am losing track of time!) there were suddenly a lot of posts similar to the OP's: USCIS was asking for a new medical even though the K-1 adjustment was filed within a year of the medical. It seemed that USCIS was requiring a new medical if the adjustment was not adjudicated within a year of the medical! There were numerous complaints about this because the time frame for AOS often extended beyond a year anyway. I am really not sure if this issue has been resolved or changed, but it might be the reason for the RFE   The advice I've seen here in those posts was to get the new medical. I hope the OP is able to find why the RFE came (maybe schedule an infopass if possible or talk to a tier 2 representative on the phone to find out) and that a new medical is not needed.

 

OP: It is my understanding that the EAD/AP is adjudicated separately from the AOS, so that might be why you got the RFE for those two while the GC status is as yet unchanged. Good luck OP.

Yes, I know those posts. they were issued rfe's in error and this still happens.  It is solved by sending a letter explaining the K1 doesn't need it along with evidence from their own policies, stating the same. 

[Stevephoto 230]

1 hour ago, Suss&Camm said:

Yes, I know those posts. they were issued rfe's in error and this still happens.  It is solved by sending a letter explaining the K1 doesn't need it along with evidence from their own policies, stating the same. 

Good to know that there is a fairly easy fix. Thanks for the update.

[twstr9888 1]

Thanks for the replies. That is what I thought also. We will wait to see if we have to do a new medical for the AOS but for an RFE for just EAD and AP is what makes no sense because its just a couple documents they ask for and the only thing I can possibly think is either it was an error on their end OR the passport style photos never got sent with the EAD and AP when they split them and sent to the Benefits Center and kept the I-485 in Chicago. That is all I can think is either it was the photos or the photos were blurry, or, they made an error which I also see happens. Thanks for the help everyone

[twstr9888 1]

UPDATE on RFE! We got it in the mail today.

 

I wanted to update on the RFE for the EAD and AP. We got it in the mail today. They asked for pretty much all the same documents I sent in the the AOS. I was not aware I needed to also send the same documents such as her passport copy, visa copy and other things attached to both the EAD and also the same ones for the AP. Pretty much I just sent in all the documents just for the I-485. Wasnt aware I needed the same documents for the EAD and also the same documents for the AP. I just sent them the marriage certificate and I-94 with the EAD and also for the AP and also passport style photos. They never asked for those 3 things again. Just the birth certificate, passport bio page, visa page for both forms. Makes sense now but I didnt know I needed all the same documents attached to those forms also. I feel better knowing this now and its not a big deal. We are going to send all them next week. One thing that didnt make sense, on the EAD RFE they said "If recently married, submit marriage certificate with new married name". We were married in March and our county doesnt put the married name on the certificate. I assume that means if she remarried if we were divorced? Because Kane County here dont put her married name on it as it is her first marriage. I hope I made sense. Thanks for all the help.