Do I need a new medical??

[Track13 35]

I have heard a lot of conflicting information as to if K1 AOS applicants need to have another medical exam before their green card interview. My husband got his medical exam in Mexico in March 2017. 

 

The form instructions itself say that if you are a K1 applicant, as long as you filed your form within a year of the exam, you are exempt from a new I-693.

 

However, I also have found on the USCIS website that if your case has been processing longer than a year, you need a new medical. 

 

We filed my husband’s I-485 from a K1 visa 16 months ago. Which statement from USCIS is correct? Does he need a new medical or not? We are very confused and have heard both ways.

[K1visaHopeful 2,817]

9 minutes ago, Track13 said:

I have heard a lot of conflicting information as to if K1 AOS applicants need to have another medical exam before their green card interview. My husband got his medical exam in Mexico in March 2017. 

 

The form instructions itself say that if you are a K1 applicant, as long as you filed your form within a year of the exam, you are exempt from a new I-693.

 

However, I also have found on the USCIS website that if your case has been processing longer than a year, you need a new medical. 

 

We filed my husband’s I-485 from a K1 visa 16 months ago. Which statement from USCIS is correct? Does he need a new medical or not? We are very confused and have heard both ways.

As a K1 you did not submit an I693 form. You submitted your medical packet at your point of entry instead. As long as you filed AOS within one year of the date of your completed medical in your foreign country, you do not need to submit an I693. USCIS will have your medical on file for your interview and all you need to provide for AOS is a photocopy of the completed Vaccination Record (DS3025).

 

**so the bottom screenshot is correct. Ignore the top one as you would only need to complete a new exam and supply a current I693 if your foreign medical was no longer valid or it was not complete in the first place.

Edited November 26, 2018 by K1visaHopeful

[Track13 35]

10 minutes ago, K1visaHopeful said:

As a K1 you did not submit an I693 form. You submitted your medical packet at your point of entry instead. As long as you filed AOS within one year of the date of your completed medical in your foreign country, you do not need to submit an I693. USCIS will have your medical on file for your interview and all you need to provide for AOS is a photocopy of the completed Vaccination Record (DS3025).

 

**so the bottom screenshot is correct. Ignore the top one as you would only need to complete a new exam and supply a current I693 if your foreign medical was no longer valid or it was not complete in the first place.

Ok. Why is the K1 different than other types of adjustment on this requirement?

[TM92 527]

1 minute ago, Track13 said:

Ok. Why is the K1 different than other types of adjustment on this requirement?

K-1 AOS is the only AOS with an acceptable recently done medical. It is USCIS being considerate.

[K1visaHopeful 2,817]

3 minutes ago, Track13 said:

Ok. Why is the K1 different than other types of adjustment on this requirement?

Because the K1 visa requires a completed medical acquired recently before entry into the US. 

Other classes do not.

[K1visaHopeful 2,817]

8 minutes ago, Track13 said:

Ok. Why is the K1 different than other types of adjustment on this requirement?

Because the K1 requires a current medical exam before entry into the US while other types do not prior to entry however ALL AOS applicants must complete a medical exam at some point. We just completed ours already.

 

The policy manual is helpful to take a look at. This section is all about medical requirements:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8.html

Edited November 26, 2018 by K1visaHopeful

[TM92 527]

25 minutes ago, Track13 said:

Also, that info is outdated; hence why the hyperlink says "archive." The USCIS medical policy was updated the first of this month: https://www.uscis.gov/news/alerts/uscis-policy-manual-update

[K1visaHopeful 2,817]

2 minutes ago, TM92 said:

Also, that info is outdated; hence why the hyperlink says "archive." The USCIS medical policy was updated the first of this month: https://www.uscis.gov/news/alerts/uscis-policy-manual-update

However the K1 exemption to redo the medical is still in effect and outlined in the policy manual. (Just saying so the OP doesnt take the new policy the wrong way as many have).

[MLJ 1]

New Medical Examination is required if it has been a year since the last Medical Examination.  For Example, if 1st Medical Exam was on Jan. 2nd, 2017, and until now, the visa beneficiary hasn't left the country of origin or hasn't gotten a visa yet to travel as of today due to some uscis/nvc requirements (administrative processing), then, another medical examination is required prior to the next interview appointment (usually 2 weeks before interview). 

[Track13 35]

1 hour ago, MLJ said:

New Medical Examination is required if it has been a year since the last Medical Examination.  For Example, if 1st Medical Exam was on Jan. 2nd, 2017, and until now, the visa beneficiary hasn't left the country of origin or hasn't gotten a visa yet to travel as of today due to some uscis/nvc requirements (administrative processing), then, another medical examination is required prior to the next interview appointment (usually 2 weeks before interview). 

He got his medical in Mexico in March 2017. Traveled to US on K1 June 2017. Filed AOS July 2017. Still no interview. I still don’t understand if he needs a new medical.  because it’s been in processing over a year? But K1 requirements seem to be different? I’m still really confused. 

[TM92 527]

1 hour ago, MLJ said:

For Example, if 1st Medical Exam was on Jan. 2nd, 2017, and until now, the visa beneficiary hasn't left the country of origin or hasn't gotten a visa yet to travel as of today due to some uscis/nvc requirements (administrative processing), then, another medical examination is required prior to the next interview appointment (usually 2 weeks before interview). 

OP's husband is NOT at the NVC or embassy stage. OP's husband's K-1 AOS is pending. USCIS Policy Manual is very clear: https://www.uscis.gov/policymanual/Print/PolicyManual-Volume8-PartB.html

29 minutes ago, Track13 said:

But K1 requirements seem to be different? I’m still really confused. 

You were provided accurate advice yesterday. Heed it.

Edited November 27, 2018 by TM92

[K1visaHopeful 2,817]

20 hours ago, Track13 said:

He got his medical in Mexico in March 2017. Traveled to US on K1 June 2017. Filed AOS July 2017. Still no interview. I still don’t understand if he needs a new medical.  because it’s been in processing over a year? But K1 requirements seem to be different? I’m still really confused. 

@Track13

He received his medical in Mexico in March 2017.

You applied for AOS in July 2017.

That is less than one year.

It doesnt matter how long it takes for him to get his interview. What matters is the the date between his medical exam and the date of FILING the AOS package is less than 365 days.

AND YES, K1 have an exception to the rule. Do not read what the rules are for everyone else. They do not apply.

WHY? Because USCIS is being nice to us for complying with the addmissiblilty requirements before we arrived in the US.

Edited November 27, 2018 by K1visaHopeful

[Scandi 4,166]

General info for others who might stumble upon this thread:

 

If you you had your medical overseas and file for AOS within 1 year of your medical date, then you don't have to have another medical no matter how long it takes for your green card application to process. There is absolutely no information on USCIS website that tells otherwise.

 

If you had your medical done inside the US on the other hand (this is form i-693, one you don't have if you did your medical overseas), then you'll need another medical if your application takes longer than a year from when you submitted it.

 

It should be noted though, that even USCIS employees make mistakes or sometimes don't even know their own rules, and therefore asks for another medical when they shouldn't (for K-1ers for instance). Question is if you want to argue the case with them, or just comply with their wrongful request. Up to you.

 

My recommendation: do not get another medical unless they request one. If your case ends up with someone who knows what they're doing, then having another medical is a waste of both time and money.

Edited November 30, 2018 by Scandi