RFE Full Medical

[chris4336 3]

Hello all, my husband arrived March 2007 from Spain on a K-1 fiancee visa. He had his medical in Spain in January 2007. We filed for AOS in April 2007. Today we got an RFE for the full medical - even though it is stated quite clearly on the I-485 that this is not required. We submitted the vaccination record properly. I am just looking for some advice as to what we should do. I guess our options are:

1. Try to talk with someone at Infopass and get it sorted out (in my area there are no info pass appointments for 1 week).

2. Get another medical which I'm guessing is a few hundred dollars.

3. Try to get a copy of the medical sent from Spain and translated.

Is it possible to send back the RFE with a letter explaining that the medical exam is not necessary for K-1 applicants.

Please let me know what you guys would do in this situation.

Thanks

Christina

[misa 2]

1. What is the exact wording of the RFE?

2. The vaccination supplement you sent in, was it the DS form from your fiance's foreign medical OR was it a I-693A transcribed by a U.S. civil surgeon?

[chris4336 3]

The RFE is a yellow sheet and it says:

E. X (2) Submit a properly completely and signed Form I-693, Medical Examination of Aliens seeking Adjustment of Status, for the applicant on Form I-485. The medical examination must be conducted by a civil surgeon who has been designated by the USCIS. The medical must be issued less than one year prior to the filing date of Form I-485.....(it goes on about finding a civil surgeon)

The vaccination form was the "Appendix A SUPPLEMENTAL FORM TO I-693" that was transcribed by a US civil surgeon.

Thanks

[YuAndDan 153]

Sometimes something gets misplaced, and needs to be re-sent.

[chris4336 3]

Right, but the problem is I have nothing to resend because I did not send the medical in the first place. I'm not even sure if I can get it from Spain, and even when I do it will need to be translated.

I'm in NY and my closest Infopass is in NYC. However, the Infopass in Newark has appointments on Thursday, and in NYC there are no appointments until next week. Can I go to Newark?

[pnd629 0]

Isn't form I-693 the vaccination record that must be filled out by a civil surgeon in the U.S.?

You don't need a complete exam, just the vaccination supplement.

[chris4336 3]

The RFE calls for the "Form I-693, Medical Examination of Aliens Seeking Adjustment of Status" The whole second paragraph of the RFE is about the chest xray and blood work that needs to be done. I'm assuming if they just wanted the vaccination supplement they would have asked for the vaccination supplement.

[cellarlily 0]

It looks as though the full medical did not make it from POE to the service center, which isn't your fault (and is horrible that you suffer because of it).

Your two options are wait for the next available infopass date where they will likely tell you that you need a new medical or bite the bullet and find the cheapest USCIS-certified physican who will do it for you. It seems this has been happening all too frequently lately... :\ I'm sorry.

[cellarlily 0]

Actually, what I said might not be accurate.

Read these threads: http://www.visajourney.com/forums/index.ph...&hl=medical

http://www.visajourney.com/forums/index.ph...&hl=medical

In both, it seems Infopass would be your best bet. They might tell you that you would write a letter stating USCIS should already have your full medical exam, or getting a copy from your doctor Spain.

Not sure about going to Newark, though. As far as I know you have to go to your district office (NYC).

[MariaEric 0]

Actually, what I said might not be accurate.

Read these threads: http://www.visajourney.com/forums/index.ph...&hl=medical

http://www.visajourney.com/forums/index.ph...&hl=medical

In both, it seems Infopass would be your best bet. They might tell you that you would write a letter stating USCIS should already have your full medical exam, or getting a copy from your doctor Spain.

Not sure about going to Newark, though. As far as I know you have to go to your district office (NYC).

Hi, I just wanted to let you know that even if you needed a copy from the doctor in Spain the form is already in english so no translation is needed, at least where i got it done (Centro de radiodiagnostica). Though I wonder if it is something like the forms I needed for the interview, the ones sent to me were in Spanish and one was outdated...so i just printed the english version from the USCIS page, maybe my doctor did the same and that's why it was in english?

Anyway...good luck!

[chris4336 3]

Thanks for the replies. We got an Infopass for Friday at my local office so we will try to sort this all out. If not, we will just redo the exam.

Thanks!

Christina

[chris4336 3]

Just wanted to update for anyone else in this situation. I went to Infopass yesterday and spoke to a really nasty officer who told me that I could try writing a letter telling them its not required but if it got lost somewhere along the way "No officer is going to approve an AOS case without a copy of the medical". She said I would have to contact the NBC, which I don't even think is possible???

I don't want to risk it so I'm going to try to get a copy of the medical from Spain or pay another couple hundred for a new medical.

On a better note, after this visit I was really mad, and I went up to the 8th floor to try to get my AP expidited. My reasoning was that we had made travel plans for this summer, but now with this delay due to a USCIS error, everything is being held up. We had to wait forever, but we got our travel document. So maybe not all the USCIS workers are evil.

[KarenCee 3]

Isn't form I-693 the vaccination record that must be filled out by a civil surgeon in the U.S.?

You don't need a complete exam, just the vaccination supplement.

The I-693A is the vaccination supplement.

I'm sure she realises a new medical isn't needed but to satisfy the RFE sent by the USCIS it looks as though they will have to do a new medical. You can't argue with the USCIS...you just do what they ask.

OP: Congratulations on the AP. I would definately call around for the cheapest CS you can find. Not sure what one will cost in your area but down here in GA it is running about $300. Best wishes

Edited June 1, 2007 by KarenCee

[Reba 2]

I'm sure she realises a new medical isn't needed but to satisfy the RFE sent by the USCIS it looks as though they will have to do a new medical. You can't argue with the USCIS...you just do what they ask.

Why not argue? I did, and won. No way was I going to have another medical exam just because they can't hold onto their files

Call your Senator and or Congress person. You have a few weeks to reply to the RFE, in the meantime, contact the panel physician in Spain and find out if you can get a copy of the exam from January.

[KarenCee 3]

I'm sure she realises a new medical isn't needed but to satisfy the RFE sent by the USCIS it looks as though they will have to do a new medical. You can't argue with the USCIS...you just do what they ask.

Why not argue? I did, and won. No way was I going to have another medical exam just because they can't hold onto their files

Call your Senator and or Congress person. You have a few weeks to reply to the RFE, in the meantime, contact the panel physician in Spain and find out if you can get a copy of the exam from January.

Hmmm...I guess I just thought that arguing with the USCIS was pointless. Sorry for giving out bad advice.

I do know that calling one's senator or congressperson does help. Hopefully the OP will decide to follow your advice Reba.