January 2018 AOS Filers

[A&H2018 146]

Actually one could already make a case you are experiencing a delay as even USCIS is at Jan 2nd 2018.

[S*UK 543]

Hey all, we have the interview tomorrow and I need some quick help. 

I heard someone struggled with showing the officer that the medical they took is still valid. The IO was insisting a K1 holder needs to retake the medical after 6 months. Its actually valid for a year for K1 holders. 

Has anyone else had this problem? If I run into this problem, how can I show that I don't need another medical? I can't find the policy online to print out. 

Thanks, S. 

[MrsMcCannigan 11]

On 6/23/2018 at 7:40 PM, A&H2018 said:

Actually one could already make a case you are experiencing a delay as even USCIS is at Jan 2nd 2018.

Hey, I tried that (my receipt date is January 2nd) and once I send the form I get a message saying that I’m still within processing times so I don’t get it...

[A&H2018 146]

21 minutes ago, MrsMcCannigan said:

Hey, I tried that (my receipt date is January 2nd) and once I send the form I get a message saying that I’m still within processing times so I don’t get it...

Best to call them, and truly have the petitioner to call them in these scenarios. USCIS has admitted the new website and their internal system is broken. If you get a nice T1 or T2, typically T2 officier you can usually get an SR filed over the phone. While the website now has that strict code for SRs on EADs. That said apparently some people were filing SRs every 5 days on their EAD so...

[janet3 1,170]

56 minutes ago, MrsMcCannigan said:

Hey, I tried that (my receipt date is January 2nd) and once I send the form I get a message saying that I’m still within processing times so I don’t get it...

I agree with @A&H2018.....you need to call

[MrsMcCannigan 11]

I was planing on calling today so... wish me luck...

[Chicken7585 36]

6 hours ago, S*UK said:

Hey all, we have the interview tomorrow and I need some quick help. 

I heard someone struggled with showing the officer that the medical they took is still valid. The IO was insisting a K1 holder needs to retake the medical after 6 months. Its actually valid for a year for K1 holders. 

Has anyone else had this problem? If I run into this problem, how can I show that I don't need another medical? I can't find the policy online to print out. 

Thanks, S. 

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

 

4. Validity Period of Form I-693 (Including Use of Prior Versions)

Evidentiary Value

 

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. ^[20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible. 

 

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

 

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

•The medical examination report was properly completed; ^[21] 

•The medical examination report was submitted to USCIS less than one year after completion of the examination;^[22] 

•The benefit application ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; ^[24] and

•The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. ^[25] 

 

In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render him or her inadmissible to the United States. In this case, the officer should follow standard operating procedures regarding issuance of an RFE or Notice of Intent to Deny (NOID) to address the deficiency. 

 

Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asyleedependents. Such foreign nationals usually do not need to repeat the full medical exam in the United States for purposes of adjustment of status. ^[26] 

 

Generally, the only acceptable version of Form I-693 is the version in use at the time of the medical examination. Prior versions of Form I-693 are generally not acceptable because they may lack necessary information. ^[27] 

 

Timing of the Submission of the Medical Examination Report

 

The medical examination report may be submitted to USCIS:

 

•Concurrently with the immigration benefit application; or

 

•At any time after filing the immigration benefit application but prior to the adjudication of that application; if not filed concurrently with the immigration benefit application, USCIS encourages applicants to wait until USCIS requests the medical examination report before submitting it. ^[28] 

• 

Place of Submission of the Medical Examination Report

 

The medical examination report should be submitted to the appropriate location. ^[29] 

 

 

Edited June 25, 2018 by Chicken7585

[MrsMcCannigan 11]

Well, I just hung up. The normal processing times for my office is between 13 and 35 months so I’m good.

 

Allow me to go to my corner and cry for a title bit.

[MrsMcCannigan 11]

1 hour ago, MrsMcCannigan said:

Well, I just hung up. The normal processing times for my office is between 13 and 35 months so I’m good.

 

Allow me to go to my corner and cry for a title bit.

So I had a baby and I’m sleep deprived and I gave the receipt number for my 485, so I called again and asked about my 765 and she told me that the inquiry date is an estimate and not a guarantee and that I should try again in another 30 days.

 

So I’ll go back to my corner.

 

What would you guys do? I’d really like to get my EAD and my SSN and god, I do need a driving license...

[A&H2018 146]

Hey,

 

Get the petitioner to call and speak calm and relax, you are sleep deprived and tired. Also seems you got a grumpy T2 agent who did not want to discuss anything. Get petitioner to call and say i485 is waiting for an interview and mention you need your i765 asap to drive especially now have a baby and need to drive to xyz, give a good story. Try to never call USCIS when you are sleepy/tired/bitter/angry. That is your best shot, after that may be time for your spouse to call their congressman.

[MrsMcCannigan 11]

15 minutes ago, A&H2018 said:

Hey,

 

Get the petitioner to call and speak calm and relax, you are sleep deprived and tired. Also seems you got a grumpy T2 agent who did not want to discuss anything. Get petitioner to call and say i485 is waiting for an interview and mention you need your i765 asap to drive especially now have a baby and need to drive to xyz, give a good story. Try to never call USCIS when you are sleepy/tired/bitter/angry. That is your best shot, after that may be time for your spouse to call their congressman.

I’ll make him call right now, he’s on his day off!

 

I hope it helps somehow, I’ve been waiting for almost six months now and even though I cannot work right now with a baby this feels

so frustrating!

[Nouchigang 200]

43 minutes ago, MrsMcCannigan said:

So I had a baby and I’m sleep deprived and I gave the receipt number for my 485, so I called again and asked about my 765 and she told me that the inquiry date is an estimate and not a guarantee and that I should try again in another 30 days.

 

So I’ll go back to my corner.

 

What would you guys do? I’d really like to get my EAD and my SSN and god, I do need a driving license...

Sorry for the stress and not getting the EAD till now take a deep breath it shall be well,

Like A&H suggested, I would have either your husband call back and inquire for you, or call back yourself and request an expedite for financial and humanitarian reasons. You could try to explain to them that you just had a baby and without the EAD you are not able to drive and go do medical visits and all and it is hard for your husband to always take off work to drive you.

Also google to find out who is your senator and congressman and contact them both, you just google for example: senator + your zip code

It will tell you who he/she is, and how to get in touch. 

I believe you fill out a form and they do the inquiry on your behalf. You can explain on the form the urgency of your EAD because without it you cannot get a Drivers License, insist on it. Hopefully you have representatives that will help, it is not always the case so be ready either way. If there is a phone number you can also call and try to get them on your side and hopefully help you out.

Hang in there, better days are coming and Congrats for the baby

[Keith & Monica 986]

2 hours ago, MrsMcCannigan said:

I’ll make him call right now, he’s on his day off!

 

I hope it helps somehow, I’ve been waiting for almost six months now and even though I cannot work right now with a baby this feels

so frustrating!

With the AOS/EAD they are for the Immigrant.  They have to be present and give the USC the right to speak for them.  I had to have Monica ok them talking to me.  It was just hand her the phone, they ask some questions and then they would talk to me.

[A&H2018 146]

1 hour ago, Keith & Monica said:

With the AOS/EAD they are for the Immigrant.  They have to be present and give the USC the right to speak for them.  I had to have Monica ok them talking to me.  It was just hand her the phone, they ask some questions and then they would talk to me.

Good post, sorry correct they will need to verify some information then return to speaking to petitioner. Many officers will take the USC more serious these days. I just think you have some people calling everyday so USCIS officers are annoyed and exhausted.

Edited June 25, 2018 by A&H2018

[MrsMcCannigan 11]

3 hours ago, Nouchigang said:

Sorry for the stress and not getting the EAD till now take a deep breath it shall be well,

Like A&H suggested, I would have either your husband call back and inquire for you, or call back yourself and request an expedite for financial and humanitarian reasons. You could try to explain to them that you just had a baby and without the EAD you are not able to drive and go do medical visits and all and it is hard for your husband to always take off work to drive you.

Also google to find out who is your senator and congressman and contact them both, you just google for example: senator + your zip code

It will tell you who he/she is, and how to get in touch. 

I believe you fill out a form and they do the inquiry on your behalf. You can explain on the form the urgency of your EAD because without it you cannot get a Drivers License, insist on it. Hopefully you have representatives that will help, it is not always the case so be ready either way. If there is a phone number you can also call and try to get them on your side and hopefully help you out.

Hang in there, better days are coming and Congrats for the baby

Thank you!!

 

So yes, I made my husband call but they asked for me to verify that everything was legit so I didn’t get much, the agent explained to me that I’m still within processing times because I’ve been waiting for 5 months and 3 weeks and I’d need to wait at least another week to be outside of the normal processing times and then I could submit a service request. I also

mentioned to expedite it due to humanitarian reasons but he said to wait another week so I’ll call next week. Oh, he also said that those processing times are updated once a month so there could be another delay, I guess.

 

In the meantime I’ll try to contact our senator or the ombudsman office and see if that helps.

 

I’d like to say that “hopefully I’ll get it this week” but every time I say that I jinx it. I don’t understand how they can be such a mess...