Medical valid or invalid?

[vocal 41]

Hi all,

 

I have my AOS interview from K-1 in about a month from now.

I have basically all the evidence needed as specified on the checklist, but I was wondering regarding he medical.

 

There are many contradictory comments/threads here about the validity of the medical.

I had my medical about a year and 2 month ago, and filed for AOS about a year ago (so AOS filing was well within the 1 year after medical...).

 

Will I need another medical done simply because USCIS is slow? In the interview notice they say that if I had completed my medical and no conditions were found (blanket waiver) and filed less than 1 year after medical I don't need a new one... But some people say that they have gotten an RFE for that and I want to avoid that as much as possible obviously..

 

Can anyone give some credible source on this requirement?

 

Thanks!

Edited July 18, 2018 by vocal

[Ben&Zian 4,398]

No. The medical, as long as submitted and accepted within the one year time frame is fine. USCIS got it, accepted it, no need for another one.

 

For instance, my husband had his early November 2016, got the to US that month, we did AOS submittion March 2018. November came a passed and medical expired. We received green card in the mail that December so a month or so after his medical had expired. No issues.

[VinceKath 60]

My wife and I were confused on this one as well. Her medical exam was done on March 2017 and we filed for AOS August 2017, so going by the USCIS' written rule, we should be ok. We had our AOS interview last 7/13/2018 in Los Angeles. USCIS officer asked for a new medical since the one we submitted with the AOS fling was now "expired". It's a good thing that I didn't take the chance of going in there without having a new medical exam done or else we would've gotten an RFE. I handed her the new medical exam sealed in an envelope and politely asked her about their written rule. She just shrugged and said that the 1 year applies from the date of her medical to when the AOS is adjudicated. So in our case, her medical expired March 2018. Since the interview was going well, I didn't want to argue with her further on the fact that their written instructions stated otherwise so I just let it go. So judging by our experience, I would suggest getting a new medical exam. But like you, I've also read some people who went in without having to get new medical exam and it went well... My wife got approved btw. Goodluck.      

[FlashLG 152]

12 hours ago, VinceKath said:

My wife and I were confused on this one as well. Her medical exam was done on March 2017 and we filed for AOS August 2017, so going by the USCIS' written rule, we should be ok. We had our AOS interview last 7/13/2018 in Los Angeles. USCIS officer asked for a new medical since the one we submitted with the AOS fling was now "expired". It's a good thing that I didn't take the chance of going in there without having a new medical exam done or else we would've gotten an RFE. I handed her the new medical exam sealed in an envelope and politely asked her about their written rule. She just shrugged and said that the 1 year applies from the date of her medical to when the AOS is adjudicated. So in our case, her medical expired March 2018. Since the interview was going well, I didn't want to argue with her further on the fact that their written instructions stated otherwise so I just let it go. So judging by our experience, I would suggest getting a new medical exam. But like you, I've also read some people who went in without having to get new medical exam and it went well... My wife got approved btw. Goodluck.      

@VinceKath Can you point me in the direction of where the USCIS written rule is that you refer to please? I'm in a similar situation as I have my AOS interview next week. My medical was in July 2017, and I applied for AOS in November 2017. By the time of my interview, my medical will have taken place 1 year and 3 weeks ago.

[vocal 41]

9 hours ago, FlashLG said:

@VinceKath Can you point me in the direction of where the USCIS written rule is that you refer to please? I'm in a similar situation as I have my AOS interview next week. My medical was in July 2017, and I applied for AOS in November 2017. By the time of my interview, my medical will have taken place 1 year and 3 weeks ago.

It's written on your interview notice very clearly actually. USCIS are simply idiots sometimes and ignore their own rules. I hope they approve mine... 

[Visitor User 253]

My Medical was done in June 2017. 

 

RD: 10/4/17 for I-485/I-765. 

 

I had a RFIE on 4/30/17 for BC with ET. Submitted evidence. USCIS received on 7/19/18. Now, waiting. 

 

Will I need to do a new Medical?

Edited July 21, 2018 by Visitor User