Filing AOS past 1 year of medical exam

[KhmerAmerican562 0]

Hi, I'm getting ready to file AOS for my wife, and it'll be about a year and a month past her overseas medical exam.  How would this be calculated, from the date of the exam to when the !-485 form is received? If so, it'd be longer.  How lenient are the IO's, is it a hit or miss?  I do not plan to submit the I-693 form with the I-485, in hopes they do not require us to get another exam.  *It even states in the instructions that it's best to wait, to avoid having to repeat the exam.

 

If they RFE, will they notify us before the interview, if we are called in for an interview?  If they do not notify us and we attend the interview without the I-693, but require one, I assume we would need to schedule another interview, or would we have to go through the AOS file process again?

 

Anyone go through a similar experience?

[K1visaHopeful 2,817]

9 minutes ago, KhmerAmerican562 said:

Hi, I'm getting ready to file AOS for my wife, and it'll be about a year and a month past her overseas medical exam.  How would this be calculated, from the date of the exam to when the !-485 form is received?

 

Yes. The date from the first day of your overseas medcal exam to your I485 Noa1 receipt date. It would need to be less than 365 days in order for you to be able to use that medical exam to fulfill the medical requirements.

 

If so, it'd be longer.  How lenient are the IO's, is it a hit or miss? Lol

 

I do not plan to submit the I-693 form with the I-485, in hopes they do not require us to get another exam.  *It even states in the instructions that it's best to wait, to avoid having to repeat the exam. That's fine and best. You can go to the interview without an I693/new medical and 99% chance they will require you to fulfill the requirement before they will issue approval of the GC.

 

If they RFE, will they notify us before the interview, if we are called in for an interview?

You WILL be called for an interview. All K1s get interviewed. You CANNOT get an RFE for a medical exam as it is not a required document to submit before the interview. You MAY get a Courtesy Letter for an I693 but again that is NOT an RFE.

 

If they do not notify us and we attend the interview without the I-693, but require one, I assume we would need to schedule another interview, or would we have to go through the AOS file process again? 

No you would just have to go to a Civil Surgeon, redo your medical and submit it to USCIS after your interview.

 

Anyone go through a similar experience?

 

[KhmerAmerican562 0]

10 minutes ago, K1visaHopeful said:

 

Thanks for the quick response.  I'll expect my wife having to undergo another exam but looks like we have some time to do it.  I'll plan for her to do it before the interview just to be safe, it'll give us time to research a local Civil Surgeon.

[geowrian 22,337]

26 minutes ago, K1visaHopeful said:

That's fine and best. You can go to the interview without an I693/new medical and 99% chance they will require you to fulfill the requirement before they will issue approval of the GC.

I'm not sure if that's still the case for new filings or not. My understanding is they changed to a 2 year validity - once submitted within 60 days of beign signed - but changed to making it a required document at the time of filing.

https://www.uscis.gov/news/alerts/uscis-policy-manual-update

"By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application. "

 

Edit: Note this is in reference to those who require a medical exam from a civil surgeon. Normally a K-1 AOS applicant uses the medical from the panel physician overseas, so the provisions never applied, but not in this case since that medical is expired.

 

Edit: Retracted - the instructions have subsequently clarified the above. It is NOT required at the time of filing still. OP is fine to not send it in.

Edited April 5, 2019 by geowrian

[K1visaHopeful 2,817]

20 minutes ago, geowrian said:

I'm not sure if that's still the case for new filings or not. My understanding is they changed to a 2 year validity - once submitted within 60 days of beign signed - but changed to making it a required document at the time of filing.

https://www.uscis.gov/news/alerts/uscis-policy-manual-update

"By specifying that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required, the validity of the form is more closely tied to the timing of the underlying application. "

 

Edit: Note this is in reference to those who require a medical exam from a civil surgeon. Normally a K-1 AOS applicant uses the medical from the panel physician overseas, so the provisions never applied, but not in this case since that medical is expired.

 

Edit: Retracted - the instructions have subsequently clarified the above. It is NOT required at the time of filing still. OP is fine to not send it in.

Not contradicting you at all. Just adding this in addition so it's clear for the OP.

 

I485 instructions:

 

"You are NOT required to submit Form I-693 at the time you file your adjustment application, but may do so if you wish. Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required. By waiting to submit Form I-693, you may avoid having to repeat the immigration medical examination."