OCTOBER AOS 2018 Filers

[dr01d3k4 21]

Well I'm going on 298 days for EAD now and just got off the phone with USCIS. All they could say was they see my lawyer sent a service request on July 31st, so I have to wait 15-30 days after that, so between this Thursday 15th and 2.5 weeks away on Friday 30th. Very helpful for paying August's rent that!

[Hemzi 244]

Well it's happened - a year earlier than I thought it would! But got the notification last night that our Interview has been scheduled! Anyone have any interview tips? I was not expecting it and don't feel like I'm ready for it! And does anyone here have any experience with the Dallas office?

[ThomasNC1988 762]

51 minutes ago, Hemzi said:

Well it's happened - a year earlier than I thought it would! But got the notification last night that our Interview has been scheduled! Anyone have any interview tips? I was not expecting it and don't feel like I'm ready for it! And does anyone here have any experience with the Dallas office?

Will most likely be easy unless they have a reason to suspect something is off. Just don't stress about it.

[dr01d3k4 21]

Well I just got off the phone with USCIS as I'm still waiting for my EAD, and my service request sent on July 31st hadn't been answered. The officer on the phone offered to put in a second request, but I want to know why the first one went nowhere - why aren't USCIS doing the job we paid them nearly $2k to do? So I asked to be transferred to a tier 2 operator, but it's a 388 minute wait, so hopefully I'll get a call around 3:30-4:30 pm PST and get this mess sorted out.

[dr01d3k4 21]

Tier 2 operator called. She took my email address and sent another service request (not like the first one helped though did it!), and said the NBC will respond within 1 week by email or 2 weeks by letter. Hopefully this time cause it was sent by a tier 2 there's a chance....?

[dr01d3k4 21]

Not had a response from that second service request, so I just contacted USCIS. Again all they could do was send another service request, though she said cause it's the third I've sent it has priority. Annoyingly it still has a reply by date of the 21st, but potentially up to 30 days. 

 

If I've not heard today, I'll be contacting politicians and/or the ombudsman.

[dr01d3k4 21]

Emailed one of my senators back on the 8th, but I never heard back from them, so I've just contacted the ombudsman and sent a request for assistance to them. I'm at 330 days (11 months) waiting for my EAD/AP now; hopefully the nightmare will be over next week?

[jackyjimenez 115]

hiii! did anyone have the experience of their medical being expired? i have the interview this 26th and i dont want to get everything done again since i just had a baby and got my blood tested a few times and all that stuff. Also i dont know how much is going to be

[Allaboutwaiting 2,503]

11 minutes ago, jackyjimenez said:

hiii! did anyone have the experience of their medical being expired? i have the interview this 26th and i dont want to get everything done again since i just had a baby and got my blood tested a few times and all that stuff. Also i dont know how much is going to be

Those who apply for adjustment of status based on a K1 visa, are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination.

[jackyjimenez 115]

25 minutes ago, Allaboutwaiting said:

Those who apply for adjustment of status based on a K1 visa, are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination.

yeah but they sent me another paper besides the letter saying that my medical exam was expired.  My medical exam was in june 2018 so by this time has been more than a year i guess that is why.

[Allaboutwaiting 2,503]

8 minutes ago, jackyjimenez said:

yeah but they sent me another paper besides the letter saying that my medical exam was expired.  My medical exam was in june 2018 so by this time has been more than a year i guess that is why.

Sounds like a misunderstanding from the IO. 😞

 

You could wait until the interview, bring the regulations that state your examination is not expired and tell the officer your medical is still valid. If not convinced, he/she will issue an RFE, therefore delaying the decision.

 

Or you can go through the medical again and bring it to the interview, which I know is exactly what you want to avoid. 

[jackyjimenez 115]

1 minute ago, Allaboutwaiting said:

Sounds like a misunderstanding from the IO. 😞

 

You could wait until the interview, bring the regulations that state your examination is not expired and tell the officer your medical is still valid. If not convinced, he/she will issue an RFE, therefore delaying the decision.

 

Or you can go through the medical again and bring it to the interview, which I know is exactly what you want to avoid. 

do you know where i could find that information? i read somewhere that it would be valid for 2 years if it was signed by the doctor 60 days before i sent the papers to USCIS. 

[K1visaHopeful 2,817]

14 minutes ago, jackyjimenez said:

do you know where i could find that information? i read somewhere that it would be valid for 2 years if it was signed by the doctor 60 days before i sent the papers to USCIS. 

You are quoting the policy for immigrants who have not completed the medical requirements abroad and are required to obtain a medical exam and I693.

That does not apply to K1s.

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

"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 a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. [28]

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

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).

If the applicant was granted a change of status to V in the United States, [29] the medical examination report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted."

If you complied with the above and filed AOS within one year of your overseas medical exam date, the I693 and its procedures/policies do not apply to you as a K1 applicant. It does not matter when your AOS interview happens, as long as you filed AOS within one year of the medical exam date (and you meet the above conditions), your medical will never expire.
Submit a photocopy of your personal copy of the DS3025 Vaccination Record with I485 and bring your personal copy to the AOS interview as back up.
Your actual overseas medical exam documents were collected at your POE as they were IN your sealed K1 Visa packet and will be sent from CBP to DHS for storage in your A-file.
Your interviewing officer will collect your A-file for review at your AOS interview or shortly after and confirm that your previously submitted K1 medical exam and vaccinations meet the requirements.

So the two big questions are:

1. Is your DS3025 marked complete? Check the bottom left corner for the checkbox that says "K1 Visa applicant voluntarily completed vaccination requirements"

2. Will USCIS receive and issue you a receipt number within one year of your overseas medical date to have complied with the one year submission requirement?

If yes, you have completed the medical requirements to adjust status.

Are you sure you are reading your "notice" correctly? Likely it's just a courtesy letter reminding you to complete the medical exam requirements. They send them out like junk mail to many AOS filers and would have not even viewed your A-file to see you completed it already.

Post it please. 

 

[jackyjimenez 115]

10 minutes ago, K1visaHopeful said:

You are quoting the policy for immigrants who have not completed the medical requirements abroad and are required to obtain a medical exam and I693.

That does not apply to K1s.

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

"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 a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. [28]

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

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).

If the applicant was granted a change of status to V in the United States, [29] the medical examination report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted."

If you complied with the above and filed AOS within one year of your overseas medical exam date, the I693 and its procedures/policies do not apply to you as a K1 applicant. It does not matter when your AOS interview happens, as long as you filed AOS within one year of the medical exam date (and you meet the above conditions), your medical will never expire.
Submit a photocopy of your personal copy of the DS3025 Vaccination Record with I485 and bring your personal copy to the AOS interview as back up.
Your actual overseas medical exam documents were collected at your POE as they were IN your sealed K1 Visa packet and will be sent from CBP to DHS for storage in your A-file.
Your interviewing officer will collect your A-file for review at your AOS interview or shortly after and confirm that your previously submitted K1 medical exam and vaccinations meet the requirements.

So the two big questions are:

1. Is your DS3025 marked complete? Check the bottom left corner for the checkbox that says "K1 Visa applicant voluntarily completed vaccination requirements"

2. Will USCIS receive and issue you a receipt number within one year of your overseas medical date to have complied with the one year submission requirement?

If yes, you have completed the medical requirements to adjust status.

Are you sure you are reading your "notice" correctly? Likely it's just a courtesy letter reminding you to complete the medical exam requirements. They send them out like junk mail to many AOS filers and would have not even viewed your A-file to see you completed it already.

Post it please. 

 

wow! so confusing! I'll show what it says.

 

[K1visaHopeful 2,817]

25 minutes ago, jackyjimenez said:

wow! so confusing! I'll show what it says.

 

As a K1 you have never submitted an I693!

The medical exam that you completed abroad was completed on a DS302X series of forms. Panel Physicians do not use I693s. They are for US Civil Surgeons only. It would be impossible for your I693 to be expired as you never had one, were never required to have one and still arent required to have one as a K1.

Does anything else apply to you in this notice or is it simply a form letter?