Anyone on K1 experienced being RFE'd for medical exam? I think USCIS officer made a mistake

[Juanitaa 5]

Hi all, I just had my GC interview on Sep 30 2021. Filed for AOS on Jun 2020.

I left the physician part of my I-693 blank because I did my overseas medical exam on Oct 2019 (within 1 yr before I filed for AOS). It was stated on the form I-693 instructions that K1 applicants dont need another medical exam as long as I filed within 1 yr of overseas medical examination. I did submit my DS 3025 vaccination worksheet together with my empty I-693 form.

During the interview, the USCIS officer told me I need to submit the i-693 form completed by a physician. It didnt occur to me when he asked why my I-693 was left blank (it has been a long time since I submitted that form). I just accepted that he gave me a RFE and went home sad without my green card approval letter and unexpected $$$ medical exam spend.

Anyway I tried to recall today why I left that form blank. And it was because of what was written on form instructions! I'm seriously starting to think he RFE'd me by mistake. I just chatted with another K1 applicant today who had her GC approved and said she didnt have to go through another medical exam after arriving in US and overseas medical exam was good enough for I-693.

So, am I the only one being asked this form? What are your experiences? Should I seriously ask my field office now (or in the next few days) to review my RFE. If yes, has anyone done this?

Thank you all in advance for your suggestions/ sharing your experiences!

[Allaboutwaiting 2,503]

You didn't need to send an empty I-693. A filled one was in your K1 packet.

I reckon that the officer got confused by the bunch of blank pages.

My guess is you do have a chance to get the RFE reconsidered, but you'd need to get an infopass or at least get a tier 2 on the phone.

Edited October 11, 2021 by Allaboutwaiting

[KayDeeCee 4,893]

You weren't supposed to include an I-693 form at all. The fact that you sent a blank one triggered the IO to ask for the form to be completed.

[Juanitaa 5]

7 hours ago, Allaboutwaiting said:

You didn't need to send an empty I-693. A filled one was in your K1 packet.

I reckon that the officer got confused by the bunch of blank pages.

My guess is you do have a chance to get the RFE reconsidered, but you'd need to get an infopass or at least get a tier 2 on the phone.

I am planning to respond to the RFE with an explanation letter. Hopefully it suffices and will update you all guys if that's good enough for green card approval. Yes looking back, I think he really got confused and thought I wasnt K1 seeing that upon going through my application. I seriously dont think he will deny me outright, they can issue another RFE if needed.

[Juanitaa 5]

6 hours ago, KayDeeCee said:

You weren't supposed to include an I-693 form at all. The fact that you sent a blank one triggered the IO to ask for the form to be completed.

Yeah right? I think it was my fault and I forgot to explain why it was blank! I was really busy on the same week and days leading up to the interview, I wasnt in my right mind to explain or check on I-693.

[Allaboutwaiting 2,503]

1 minute ago, Juanitaa said:

I am planning to respond to the RFE with an explanation letter. Hopefully it suffices and will update you all guys if that's good enough for green card approval. Yes looking back, I think he really got confused and thought I wasnt K1 seeing that upon going through my application. I seriously dont think he will deny me outright, they can issue another RFE if needed.

I wouldn't risk doing so before talking to them. They might not issue another RFE and proceed to deny. 

You have plenty of time to respond as USCIS is granting 60 extra days beyond the response due date. So insist first on the phone and if possible, in person before sending any document/letter. 

[Letspaintcookies 2,310]

12 hours ago, Juanitaa said:

I seriously dont think he will deny me outright, they can issue another RFE if needed.

They can but that doesn't mean they will. I highly second what @Allaboutwaiting said. USCIS is not exactly known for giving third chances. 

 

 

[Juanitaa 5]

On 10/11/2021 at 5:50 PM, KayDeeCee said:

You weren't supposed to include an I-693 form at all. The fact that you sent a blank one triggered the IO to ask for the form to be completed.

 

On 10/12/2021 at 12:51 AM, Allaboutwaiting said:

I wouldn't risk doing so before talking to them. They might not issue another RFE and proceed to deny. 

You have plenty of time to respond as USCIS is granting 60 extra days beyond the response due date. So insist first on the phone and if possible, in person before sending any document/letter. 

Just an update guys! The USCIS officer approved my green card application with just the explanation letter! So happy! I definitely took a risk and just believed he was going to be reasonable in reviewing my application. I also read in the USCIS website before that the officers can issue a second RFE and send a Notice of Intent to Deny if they are intending to deny your application... so hooray! Thank you so much guys for supporting me in this forum still! Your advice and replies were much appreciated!

Edited October 18, 2021 by Juanitaa

[Allaboutwaiting 2,503]

1 hour ago, Juanitaa said:

 

Just an update guys! The USCIS officer approved my green card application with just the explanation letter! So happy! I definitely took a risk and just believed he was going to be reasonable in reviewing my application. I also read in the USCIS website before that the officers can issue a second RFE and send a Notice of Intent to Deny if they are intending to deny your application... so hooray! Thank you so much guys for supporting me in this forum still! Your advice and replies were much appreciated!

Congratulations!

 

And that was really quick. When did you send the letter and when was your case approved?

[Juanitaa 5]

1 hour ago, Allaboutwaiting said:

Congratulations!

 

And that was really quick. When did you send the letter and when was your case approved?

Letter was received by field office last Wednesday morning. My online USCIS account got updated today that card is in production! So 4 business days including the day my response was received!

Edited October 18, 2021 by Juanitaa