adjustment of status My green card has been denied because of the doctors mistakes!

[geowrian 22,337]

They tend to accept a K-1 based medical exam so long as the I-485 is filed within a year of the medical. For other people doing AOS, they tend to require a valid medical at the time of adjudication.

[Mari181 30]

Just now, Mmagic said:

Yeap, we had the interview on June 9th and all went well, they asked for new Medical Exam since my wife's was expired. Maybe he is lucky or it is different form one USCIS office to another. We were not that lucky and got RFE. 

Yep, some people just lucky, but it happens rarely. I will come  with my fresh medical for my next interview. But I will pray that they will invite me before my current one will be expired!  

[Mari181 30]

1 minute ago, geowrian said:

They tend to accept a K-1 based medical exam so long as the I-485 is filed within a year of the medical. For other people doing AOS, they tend to require a valid medical at the time of adjudication.

Yes, but my K-1 based medical exam was expired (one month) by the time of the interview. 

[Mari181 30]

This is the clinic who did that to me

Very unprofessional!   https://www.miamivipdoctor.com/contact

VIP MEDICAL CENTER, PLLC
2500 E. Hallandale Beach Blvd ,

Suite. 207, - 2nd floor

Hallandale, FL 33009 

[Orangesapples 1,954]

23 minutes ago, Mari181 said:

Yes, I am sure! As I learned later on USCIS site, the medical exam must be valid by the time of the interview. You were just lucky. You are right I need to write the review to prevent others from that doctor. I will.  

I don't know if I was lucky. My green card approval was delayed because of the medical and I assume that a supervisor looked at it. 

 

Also, here are the instructions straight from the USCIS site:

 

  What if I am a K nonimmigrant visa holder  and already had a medical examination overseas? If you were admitted as a: A.  K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or B.  K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and C.  You received a medical examination prior to admission, then: (1)  You are not required to have another medical examination as long as you file 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 find 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.

[Mari181 30]

6 minutes ago, Orangesapples said:

I don't know if I was lucky. My green card approval was delayed because of the medical and I assume that a supervisor looked at it. 

 

Also, here are the instructions straight from the USCIS site:

 

  What if I am a K nonimmigrant visa holder  and already had a medical examination overseas? If you were admitted as a: A.  K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or B.  K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and C.  You received a medical examination prior to admission, then: (1)  You are not required to have another medical examination as long as you file 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 find 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.

Interesting...I think it all depend on the officer who interviews you...

[Orangesapples 1,954]

19 minutes ago, Mari181 said:

Interesting...I think it all depend on the officer who interviews you...

It shouldn't. The instructions are clear. If an officer asks for a new medical he or she is wrong and there must be a way to take this to a supervisor. I think you can maybe argue this? It's obvious that you were wrongly denied. 

Edited June 20, 2018 by Orangesapples

[Mari181 30]

6 minutes ago, Orangesapples said:

It shouldn't. The instructions are clear. If an officer asks for a new medical he or she is wrong and there must be a way to take this to a supervisor. I think you can maybe argue this? It's obvious that you were wrongly denied. 

Probably...But it is late any way. We have started this process from the beginning...Or may be we have a chance to write to the senator to shorten our interview waiting time...All I need is justice.  

Thank you very much for your information and your participation!

Edited June 20, 2018 by Mari181

[Mmagic 127]

51 minutes ago, geowrian said:

They tend to accept a K-1 based medical exam so long as the I-485 is filed within a year of the medical. For other people doing AOS, they tend to require a valid medical at the time of adjudication.

I know you are one of the informed VJ  members in here...Can you comment on my case?

I am a K1 applicant in 2016.

1-I took my Medical Exam in Singapore on September 2016

2- I had my Visa on January 13th. 2017

3-Arrived in the States on February 25th.2017

4- Got married on March 24th. 2017

5- Applied for AOS on May 31st. 2017

6- Had my interview this June 9th, 2018

7- Officer told me I need a new Medical Exam since my old one already expired (More than 12 months) and why would he say my exam expired on  March of this year? 

 

Thanks

 

[Mari181 30]

2 minutes ago, Mmagic said:

I know you are one of the informed VJ  members in here...Can you comment on my case?

I am a K1 applicant in 2016.

1-I took my Medical Exam in Singapore on September 2016

2- I had my Visa on January 13th. 2017

3-Arrived in the States on February 25th.2017

4- Got married on March 24th. 2017

5- Applied for AOS on May 31st. 2017

6- Had my interview this June 9th, 2018

7- Officer told me I need a new Medical Exam since my old one already expired (More than 12 months) and why would he say my exam expired on  March of this year? 

 

Thanks

 

Wow. I don really know what to answer... If you had your exam on Spt 2016 it should be expired on Spt 2017...Please take a look on the information above quoted  by the user Orangesapples  

[Orangesapples 1,954]

48 minutes ago, Mmagic said:

I know you are one of the informed VJ  members in here...Can you comment on my case?

I am a K1 applicant in 2016.

1-I took my Medical Exam in Singapore on September 2016

2- I had my Visa on January 13th. 2017

3-Arrived in the States on February 25th.2017

4- Got married on March 24th. 2017

5- Applied for AOS on May 31st. 2017

6- Had my interview this June 9th, 2018

7- Officer told me I need a new Medical Exam since my old one already expired (More than 12 months) and why would he say my exam expired on  March of this year? 

 

Thanks

 

My timeline is very similar to yours, except my interview was in February. If you read the USCIS instructions (copy and pasted them earlier in the thread but you can easily find them), the officer was wrong. I don't know how you can do it, but try contacting a supervisor or making an infopass, and bring the instructions for the form with you. 

[Mari181 30]

3 minutes ago, Orangesapples said:

My timeline is very similar to yours, except my interview was in February. If you read the USCIS instructions (copy and pasted them earlier in the thread but you can easily find them), the officer was wrong. I don't know how you can do it, but try contacting a supervisor or making an infopass, and bring the instructions for the form with you. 

I agree! While it's not too late, try every single chance and read a lot!

[Mmagic 127]

1 hour ago, Orangesapples said:

My timeline is very similar to yours, except my interview was in February. If you read the USCIS instructions (copy and pasted them earlier in the thread but you can easily find them), the officer was wrong. I don't know how you can do it, but try contacting a supervisor or making an infopass, and bring the instructions for the form with you. 

Yeah I read what you posted. Thanks. Already submitted the Medical Exam and just will wait and see. I don't want to complicate the issue anymore...lol

By the way, the officer said at the time of the interview that he received an email saying I need new medical exam. We really did not question him, the last thing we wanted to do is start questioning him.

Edited June 20, 2018 by Mmagic

[geowrian 22,337]

A new medical should not be required by the IO so long as you file within the 1 year period of the old medical. This is in their own AFM/USCIS Policy Manual regarding AOS. Unfortunately, not all IOs know this and it's usually faster and simpler to comply than challenge it.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B

"4. K or V Nonimmigrants Applying for Adjustment ^[26]

 

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

•The medical examination did not reveal a Class A medical condition; or

•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27] "

...

"An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE). "

[Boiler 45,466]

My K1 to PR was significantly longer than 6 months, no need for a new medical.