Late AOS filing, need a new medical? (split)

[DUMBO 20]

Hi, Idk if this is the correct thread for my question but I was wondering if anyone could answer me. It would be a year of stay for me here in the US in a few weeks on K1 Visa. I have not filed for AOS due to financial reasons. Now, I am ready to and was wondering if I need to redo physical exam/vaccination as the DS 3025 requirement? I had the exam from SLEC 07/25/2018. Do I need to redo it or this same paper is enough as attachment for my AOS application? Would really appreciate if some could answer.

[Ontarkie 14,224]

~~Split off from unrelated topic.~~

[geowrian 22,337]

1 hour ago, Ethan & Pyxie said:

I had the exam from SLEC 07/25/2018

A new medical will be required. You can file the I-485 without the I-693 (medical form) and provide it later or at the interview. Or you can file it with the I-485 - if the medical is submitted at within at least 60 days, then it's valid for 2 years.

[AK&JO 120]

@geowrian  I would like to ask you related to this. I got to US by K-1 visa on Feb 28th and on the K-1 visa timing I got my official medical exam done in Japan on Jan 26th 2018. Submitted  I-485 application end of 2018 March. And my interview of I-485 AOS was just today on Aug 21st 2019. Immigration officer said,  I might need to submit the civil surgeon check up list but she said to me she is not clear if the deadline is  1 year or 2 year. My case, it's past 1 year but less than 2 year. Do you know the reference of the law specifying it's 2 years in USCIS page? Or even without it, do you know if I need to re-submit the medical record by having civil surgeon write paper? Officer said I do not re-take the medical test but might need to submit the record from Civil Surgeon but she did not have idea if that is 1 or 2 years....I am so worried now with no clear response from her. If you know something can you please share me?

[geowrian 22,337]

AOS from K-1 is a unique beast with regards to the medical. The USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3) only states:

Quote

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] 

So this means if you filed for AOS within 1 year of the overseas medical exam, then it should remain valid.

At the same time, an IO can always request a new one upon their discretion.

 

The 2 year validity change does not specifically mention K-1 at all, so I'm also uncertain if it applies. I doubt it needs to given the above, and since it only mentions the validity of the I-693 itself I would lean to being doutbful it applies.

It also only applies to cases filed on or after Nov. 1, 2018.

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

Edited August 22, 2019 by geowrian

[DUMBO 20]

16 hours ago, geowrian said:

A new medical will be required. You can file the I-485 without the I-693 (medical form) and provide it later or at the interview. Or you can file it with the I-485 - if the medical is submitted at within at least 60 days, then it's valid for 2 years.

Thank you