January 2020 - AOS Filers (merged)

[qrk 104]

14 hours ago, Letspaintcookies said:

Wohoo congratulations 🥳🥳🥳 short and painless, that's what I hope for too

Case changed to Card Being Produced. Will be anxiously checking the mail box daily  

[A&R2019 12]

Case status changed to “scheduled for an interview” today! We submitted our AOS paperwork a year ago and had been on “ready to be scheduled for an interview” since March 2020. We had just filed for renewal of work authorization earlier this week.
 

I was wondering about the medical document required for the interview with adjusting from a K1. I had seen a post a few pages back saying we need a medical exam and sealed vaccination records. Can anyone explain this further? 

Edited January 14, 2021 by A&R2019

[HRQX 4,145]

36 minutes ago, A&R2019 said:

Can anyone explain this further? 

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

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).

[A&R2019 12]

9 minutes ago, HRQX said:

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

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).

Thanks for the response! So if he had the exam in August 2019 in his home country and we filed in Jan 2020 then we are good and he doesn’t need a second appointment here before the interview? 

[igoyougoduke 1,650]

On 1/12/2021 at 7:44 AM, Letspaintcookies said:

You had to file through the Dallas lockbox right? I saw in another topic that they're heavily overcrowded 

Filed at the Phoenix Lockbox.  Looks like a lot of the lockboxes are full and they seem to be hyper slow in processing.

[HRQX 4,145]

51 minutes ago, A&R2019 said:

Thanks for the response! So if he had the exam in August 2019 in his home country and we filed in Jan 2020 then we are good and he doesn’t need a second appointment here before the interview? 

You should be good assuming the overseas medical results are in the USCIS internal files (i.e. A-file).

 

In a few rare cases, USCIS misplaces the overseas medical results:

 

There was also a recent case where USCIS requested proof of flu shot despite it not being flu season when the overseas medical was done:

 

Edited January 14, 2021 by HRQX

[Bars&Saqi 120]

Hi yall! So we sent in the EAD/AP renewal packet with the I-94 of when my husband originally entered the US in 2019 (we havent left the US since due to COVID). 
 

that got me thinking - we wanted to travel outside the US possibly in March, and if we don’t have the EAD renewal by then, would it matter that he would have a new I-94 that isnt the same as the one we sent in with the renewal packet? In other words, he can still travel outside the US? 
 

His card expires in June btw
 

 

[HRQX 4,145]

31 minutes ago, Bars&Saqi said:

In other words, he can still travel outside the US?

Yes, he can travel. It's not an issue to get new I-94 upon re-entry. The new I-94 might say "DA" (which means AP was used to enter).

 

To re-enter the US he would also need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19" https://www.cdc.gov/quarantine/fr-proof-negative-test.html

Edited January 16, 2021 by HRQX

[HRQX 4,145]

1 hour ago, HRQX said:

he would also need

*you both would need (if you are flying back)

Edited January 16, 2021 by HRQX

[Bars&Saqi 120]

12 hours ago, HRQX said:

Yes, he can travel. It's not an issue to get new I-94 upon re-entry. The new I-94 might say "DA" (which means AP was used to enter).

 

To re-enter the US he would also need "proof of a negative COVID-19 test or documentation of having recovered from COVID-19" https://www.cdc.gov/quarantine/fr-proof-negative-test.html

Got it! So we won’t have to resend the new I-94? Because we filed yesterday so they can approve our case with the most recent I-94 at the time of filing, even if there is a “new” i-94 if we do travel before he gets the renewed card? 

[HRQX 4,145]

6 minutes ago, Bars&Saqi said:

so they can approve our case with the most recent I-94 at the time of filing,

Yes. They'll approve it with what was most current at the time of filing.

[beefmaster2 51]

Got the update. My interview is scheduled for February 9. 

[A&R2019 12]

3 minutes ago, beefmaster2 said:

Got the update. My interview is scheduled for February 9. 

How long did it take you to receive the notice with the interview date after status changed to “scheduled for an interview”?

[beefmaster2 51]

11 hours ago, A&R2019 said:

How long did it take you to receive the notice with the interview date after status changed to “scheduled for an interview”?

About 10 days I think. 

[whiterose123 95]

My status changed to " interview scheduled " on January 14, now I'm waiting for the interview notice.