Did not include DS-3025 with AOS packet

[Claire6 26]

So I just sent an AOS packet few days ago, now I am worried. Was I supposed to include the DS-3025? I have the copy but I was under the impression that the POE CBP would send the yellow packet to the USCIS which included my medical. Help please, I am really shitting bricks rn.

Edited September 2, 2021 by Claire6

[HRQX 4,145]

5 minutes ago, Claire6 said:

I was under the impression that the POE CBP would send the yellow packet to the USCIS which included my medical.

That is correct: 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).

[Claire6 26]

1 minute ago, HRQX said:

That is correct: 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).

So I did not have to send a copy of my DS-3025? Thank godness, it’s just that I saw a checklist on here and it included the copy of the DS-3025 and I got worried.

[Claire6 26]

59 minutes ago, Claire6 said:

So I did not have to send a copy of my DS-3025? Thank godness, it’s just that I saw a checklist on here and it included the copy of the DS-3025 and I got worried.

or at least i hope so but every thread i just read on here says that they did send their ds-3025 copy with the aos packet…sigh 

[K1visaHopeful 2,814]

1 hour ago, Claire6 said:

So I did not have to send a copy of my DS-3025? Thank godness, it’s just that I saw a checklist on here and it included the copy of the DS-3025 and I got worried.

It's not a requirement however it is a recommendation so that the IO that opens up your case at your interview has some indication that you are exempt from having to file an I693.

 

K1s are a tiny fraction of the AOS interviews they do so it's very common that they have no clue about the K1 exemption. It will be up to you to remind them in most cases.

You can verbally remind them and provide a photocopy of your DS3025 at your interview and a print out of the previously provided link explaining the K1 exemption.

Providing the DS3025 photocopy with your packet is additional support to the above.

Edited September 2, 2021 by K1visaHopeful

[HRQX 4,145]

20 minutes ago, Claire6 said:

or at least i hope so but every thread i just read on here says that they did send their ds-3025 copy with the aos packet…sigh 

See the following thread: "I didn't include the DS-3025 vaccination report with my I-485 package"

 

GordonRamsey's I-485 was approved at the interview: https://www.visajourney.com/timeline/profile.php?id=354034

[Claire6 26]

34 minutes ago, K1visaHopeful said:

It's not a requirement however it is a recommendation so that the IO that opens up your case at your interview has some indication that you are exempt from having to file an I693.

 

K1s are a tiny fraction of the AOS interviews they do so it's very common that they have no clue about the K1 exemption. It will be up to you to remind them in most cases.

You can verbally remind them and provide a photocopy of your DS3025 at your interview and a print out of the previously provided link explaining the K1 exemption.

Providing the DS3025 photocopy with your packet is additional support to the above.

Thank you! There is no way I will get RFE about it until I go to the interview then? I will make sure to bring my DS-3025 copy then.

[K1visaHopeful 2,814]

6 hours ago, Claire6 said:

Thank you! There is no way I will get RFE about it until I go to the interview then? I will make sure to bring my DS-3025 copy then.

No you can't get an RFE for any medical documents because even if you were a Visa type that needs an I693, medical documents are not required to be provided until the interview.

You may receive a COURTESY letter REMINDING YOU that you need medical exam proof but that's not an RFE and not for K1s who completed the medical requirements before entering the US.

Courtesy letters as sent out at random even if they don't apply to the applicant.

Edited September 2, 2021 by K1visaHopeful