Why does USCIS choose to sometimes ignore their own policy regarding validity of medical exam done for K-1 applicants?

[NYLondon 142]

1 hour ago, FlashLG said:

Thanks for explaining so clearly. If only USCIS explained things so easily! I had come to this conclusion too since my post, after reading some of your other comments on this thread. 

Thanks!

@Cmoran72

[Orangesapples 1,954]

Honestly, I think the reason is that some of the officers are incompetent. I would suggest printing out their instructions and bringing them to the interview just in case 

[vocal 41]

1 hour ago, Orangesapples said:

Honestly, I think the reason is that some of the officers are incompetent. I would suggest printing out their instructions and bringing them to the interview just in case 

That's what I was planning on doing.. Hoping it wouldn't come off as too condescending as "I know about your policies better than you" kind of way...

If they ask for a new medical then, well, there goes $180 I guess.

[AshMarty 360]

17 minutes ago, vocal said:

That's what I was planning on doing.. Hoping it wouldn't come off as too condescending as "I know about your policies better than you" kind of way...

If they ask for a new medical then, well, there goes $180 I guess.

I am all about going and trying but the validity is pretty clearly stated in the policy manual. I think you are confusing the two sections that are being referred to. The Chapter 3. you are referring to is about the ability to submit a medical exam for submission of AOS and you omitted an important sentence on the end your original post.

 

 ".... if you meet the requirements above no need for a new medical before you apply for AOS. "

 

 

But AFTER you apply for AOS there is a set of validity rules that are pretty clearly stated.

• Chapter 4. titled Review of Medical Examination Documentation / subsection 4. Validity Period of Form I-693 (Including Use of Prior Versions) which explains how the medical exam is determined to be valid after submission. 

 

Chapter 3 – Applicability of Medical Examination and Vaccination Requirement

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

 

.... if you meet the requirements above no need for a new medical before you apply for AOS. 

 

Good luck in your interview. Immigration is confusing but unfortunately the policy manual is up to date and accurate with rules regarding expiration of the medical exam. 

 

 

Edited July 25, 2018 by AshMarty

[Orangesapples 1,954]

4 hours ago, AshMarty said:

I am all about going and trying but the validity is pretty clearly stated in the policy manual. I think you are confusing the two sections that are being referred to. The Chapter 3. you are referring to is about the ability to submit a medical exam for submission of AOS and you omitted an important sentence on the end your original post.

 

 ".... if you meet the requirements above no need for a new medical before you apply for AOS. "

 

 

But AFTER you apply for AOS there is a set of validity rules that are pretty clearly stated.

• Chapter 4. titled Review of Medical Examination Documentation / subsection 4. Validity Period of Form I-693 (Including Use of Prior Versions) which explains how the medical exam is determined to be valid after submission. 

 

Chapter 3 – Applicability of Medical Examination and Vaccination Requirement

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

 

.... if you meet the requirements above no need for a new medical before you apply for AOS. 

 

Good luck in your interview. Immigration is confusing but unfortunately the policy manual is up to date and accurate with rules regarding expiration of the medical exam. 

 

 

You don't need a new medical if you apply for AOS within one year of the overseas medical. I know this for a fact because I got approved and I got my green card in March 2018 and my medical back home was in October 2016. And at my interview my medical was missing from the file because it turned out to be at another office. The officer requested a transfer and after one month I was approved without a new medical. 

 

And the quote from USCIS you added is pretty clear on that. No need for a new, up to date manual. 

[AshMarty 360]

13 minutes ago, Orangesapples said:

You don't need a new medical if you apply for AOS within one year of the overseas medical. I know this for a fact because I got approved and I got my green card in March 2018 and my medical back home was in October 2016. And at my interview my medical was missing from the file because it turned out to be at another office. The officer requested a transfer and after one month I was approved without a new medical. 

 

And the quote from USCIS you added is pretty clear on that. No need for a new, up to date manual. 

I am confused about your statement because your AOS timeline states your medical would not have expired anyway if you follow the validity process stated in the manual.

 

Your AOS case was approved in less than a year after submission AOS as per your timeline?  Yes? Then it would not have expired.

 

You can follow the June 2017 / July 2017 AOS K1 forums they are all being asked for new medicals currently because interviews are taking place after a year of submission of AOS.

Edited July 26, 2018 by AshMarty

[Orangesapples 1,954]

12 minutes ago, AshMarty said:

I am confused about your statement because your AOS timeline states your medical would not have expired anyway if you follow the validity process stated in the manual.

 

Your AOS case was approved in less than a year after submission AOS as per your timeline?  Yes? Then it would not have expired.

 

You can follow the June 2017 / July 2017 AOS K1 forums they are all being asked for new medicals currently because interviews are taking place after a year of submission of AOS.

What? Yes, my AOS was approved less than a year after submission but a year and a half after my medical. I'm really not sure what you mean. Nothing you quoted supports anything different from what I've said. 

[AshMarty 360]

11 minutes ago, Orangesapples said:

What? Yes, my AOS was approved less than a year after submission but a year and a half after my medical. I'm really not sure what you mean. Nothing you quoted supports anything different from what I've said. 

I would suggest reading the first part of this forum. Here are my previous discussions about policy.

 

https://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

 

"Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS."

 

My second post about the manual and validity clearly defined:

 

It is in their official documents:  Here is section 4 of the  Policy Manual ( I just followed the link of the update I posted in the previous post).

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html}

 

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] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html} 

 

Edited July 26, 2018 by AshMarty

[Orangesapples 1,954]

18 minutes ago, AshMarty said:

I would suggest reading the first part of this forum. Here are my previous discussions about policy.

 

https://www.uscis.gov/news/alerts/uscis-issues-new-policy-form-i-693-report-medical-examination-and-vaccination-record

 

"Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS."

 

My second post about the manual and validity clearly defined:

 

It is in their official documents:  Here is section 4 of the  Policy Manual ( I just followed the link of the update I posted in the previous post).

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html}

 

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] 

 

^{https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html} 

 

Interesting, thank you