Interview: RFE medical exam expired (but it was submitted within the year)

[Ksenia_O 696]

Hi.

 

I'm really sorry you got the  RFE - we had the same situation during my AOS, so I completely understand your frustration...

 

Anyway, you are right - you are not required to have another medical, according to I-693 instruction.  At the same time the Policy states that an Officer may determine that an applicant has met the burden of proof...etc.  May determine, but may not.  As it's been already said by others here - it's all up to IO to decide. 

 

So, I'd recommend to start calling around, trying to find a civil surgeon with reasonable prices - you will be surprised how different  they can be. 

 

Also, you should make sure they do both, medical examination and lab work (TB test and etc) at the same facility - very often , when you call and get the price, you are not aware that all lab work will be done in a different facility/location So, it's additional time and fee.

 

You also mentioned you have plenty of time - well, two+ months are actually not that much. You have to make an appointment, which is not usually the "next day availability". Then TB test - if they do QuantiFeron test (which seems they are doing more often now than a skin test)    - it can take up to 10-14 days to get results. 

 

Once again - I understand how you feel. But I've seen just one person here, on VJ, who successfully "fought" the RFE to re-do medical. Maybe there are more, I don't know, but is it worth it - to fight and put your AOS at the risk of denial?..

 

Also, with a current processing time, when everything takes forever - you are actually a lucky one, your case took only about 7+ months... I would just go ahead and got new medical done to comply with RFE. We got our green cards in the mail 4 weeks later after new medical submission. 

 

P.S. There is a new I-639 form, since October 2017. Print and bring it in for your medical exam - to be sure a new form will be used. 

 

Good luck!

 

 

 

[debbiedoo 2,339]

Don't try to argue semantics with the government! Get a new medical and carry on.

[Diane and Chris 651]

Question to the OP.  Were all of your immunizations current when you entered the US?  If you had to receive additional vaccinations upon entering the US, perhaps that is why you were scrutinized for the medical at your interview. Maybe your vaccines weren’t complete?  We have our interview later this month. That’s why I’m asking. Thanks. 

[AshMarty 360]

3 hours ago, Dutchster said:

There is no time limit to adjust status. You already fulfill the purpose of the K-1 visa by marrying within the 90 days. The K-1 visa is invalid after use so you have authorized stay because of your I-94, once that expires you are out of status but still, there is no time frame to when one should file AOS. It's recommended to file within the 90 days just to stay in authorized stay. That's all. There is no "no longer being adjudicated from the K-1 visa because you didn't adjust in time" You can only adjust in the US because of the K-1 and the US petitioner. 

My point in the post, if you read the paragraph prior or post. Was that the CO will very likely come back with some reasoning that will still require another medical is needed. I was playing devil's advocate because again it doesn't make any sense, I agreed, but we on VJ are not making the decision of valid medicals. Per my previous post ....."(the COs) decisions and interpretations are all over the place." regarding policies.

 

My previous post to this was just to get another medical and be done with it.  

Edited August 10, 2018 by AshMarty

[Hypnos 6,576]

19 hours ago, amoeba&md said:

Reason one: "The new policy states that all Forms I-693 are valid for only one year from the date submitted to us."   Then my form meets this requirement. :)

You met this requirement until 5/2/18. The I-693 is valid for one year from the date you submit it. Since your interview wasn't until June of this year, your I-693 expired. This is why you were RFE'd for a new one. 

[mushroomspore 3,044]

3 hours ago, Ksenia_O said:

Hi.

 

I'm really sorry you got the  RFE - we had the same situation during my AOS, so I completely understand your frustration...

 

Anyway, you are right - you are not required to have another medical, according to I-693 instruction.  At the same time the Policy states that an Officer may determine that an applicant has met the burden of proof...etc.  May determine, but may not.  As it's been already said by others here - it's all up to IO to decide. 

Right, the IO even let them know, "The medical may NOT be an issue or it MAY require an RFE". Since the IO was unsure, he/she probably asked his/her supervisor, who then advised the issuance of the RFE. I still believe going to an Infopass will be a waste of time and energy over this. The officer is highly (almost guaranteed) unlikely to say, "Oh sorry that was a mistake. You don't need to submit a new medical."

[Ksenia_O 696]

4 minutes ago, mushroomspore said:

Right, the IO even let them know, "The medical may NOT be an issue or it MAY require an RFE". Since the IO was unsure, he/she probably asked his/her supervisor, who then advised the issuance of the RFE. I still believe going to an Infopass will be a waste of time and energy over this. The officer is highly (almost guaranteed) unlikely to say, "Oh sorry that was a mistake. You don't need to submit a new medical."

Agree.  OP should start doing what was requested by USCIS -  to  re-do medical. And be done with AOS  - it's almost over.

[gc@gc 184]

6 hours ago, Ksenia_O said:

Hi.

 

I'm really sorry you got the  RFE - we had the same situation during my AOS, so I completely understand your frustration...

 

Anyway, you are right - you are not required to have another medical, according to I-693 instruction.  At the same time the Policy states that an Officer may determine that an applicant has met the burden of proof...etc.  May determine, but may not.  As it's been already said by others here - it's all up to IO to decide. 

 

So, I'd recommend to start calling around, trying to find a civil surgeon with reasonable prices - you will be surprised how different  they can be. 

 

Also, you should make sure they do both, medical examination and lab work (TB test and etc) at the same facility - very often , when you call and get the price, you are not aware that all lab work will be done in a different facility/location So, it's additional time and fee.

 

You also mentioned you have plenty of time - well, two+ months are actually not that much. You have to make an appointment, which is not usually the "next day availability". Then TB test - if they do QuantiFeron test (which seems they are doing more often now than a skin test)    - it can take up to 10-14 days to get results. 

 

Once again - I understand how you feel. But I've seen just one person here, on VJ, who successfully "fought" the RFE to re-do medical. Maybe there are more, I don't know, but is it worth it - to fight and put your AOS at the risk of denial?..

 

Also, with a current processing time, when everything takes forever - you are actually a lucky one, your case took only about 7+ months... I would just go ahead and got new medical done to comply with RFE. We got our green cards in the mail 4 weeks later after new medical submission. 

 

P.S. There is a new I-639 form, since October 2017. Print and bring it in for your medical exam - to be sure a new form will be used. 

 

Good luck!

 

 

 

 

Very good advice/suggestion.

 

I would also suggest that you find a doctor who is in your health insurance network, it could save your hundreds dollars.

 

 

 

[Diane and Chris 651]

This is from USCIS concerning AOS. Read #2 concerning vaccines. Was your DS 3025 included in the packet and was it complete?

 

 

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.

[Dutchster 1,107]

21 hours ago, AshMarty said:

My point in the post, if you read the paragraph prior or post. Was that the CO will very likely come back with some reasoning that will still require another medical is needed. I was playing devil's advocate because again it doesn't make any sense, I agreed, but we on VJ are not making the decision of valid medicals. Per my previous post ....."(the COs) decisions and interpretations are all over the place." regarding policies.

 

My previous post to this was just to get another medical and be done with it.  

Whether I should re-read or not, you gave out very wrong information in the post I quoted. I'm just correcting that post before someone reads your comment and thinks you have to adjust within the 90 days and if they don't, they won't be adjudicated as K-1. I have no clue how you thought that information was correct, and I'm not going to bicker, but be careful with what you advise and if your info is actually correct. 

Edited August 11, 2018 by Dutchster
dang typooo

[Homeskin 1]

Hi guys,

 

Just to post my experience of this yesterday in case it's useful for anyone reading: I had a medical done as part of my K1 Visa in London in May 2018. I then came to the US and got married in July 2018 and filed for AOS under the I-485 in the same month (so the medical was valid as I filed well within a year).  

 

I just had my AOS interview yesterday (August 2018) which means technically the Officer could have asked for an updated medical as the guidelines say that medicals are valid only within a year of being assessed (I even called the USCIS line to confirm this). In this case filing in July 2018 and getting the interview in August 2019 meant I was just outside of this timeline. As a contingency, I booked a medical appointment for the day after (i.e. today) in case I got the RFE at the interview. 

 

As luck would have it, the Officer didn't ask for an updated medical as all the other paperwork was in order. I think it was just the luck of the draw. My advice is don't bother with the medical beforehand in this situation, gently appeal under the K1 rules for medicals but have a backup in case they do insist. I think ours was so straightforward the Officer just wanted us in and out, the interview took like less than 10 minutes.