K-1 AOS system error, then RFE for I-693???

[Livmor 8]

I had my Green Card interview on October 20th, and it went fine. The gentleman conducting it was friendly, he didn't ask any of the dreaded "are you a real couple" questions other than the basics, and he outright said he had enough info and felt comfortable approving me based on the evidence we provided. 

 

The kicker was, he said there was a system issue which was flagging another file with my name on it and confusing the system, and he physically couldn't enter the approval because the system needed the other file. Which would only make sense if it was my K-1 file, because that's the only other application I've ever made for US visa/immigration services (i've had enough background checks conducted on me at this point, and I have no red flags). Ok, pretty irritating, but just a matter of time until he gets sent the file, sees what it is and sends me on my way, right? 

 

On Friday, my online account gives me the notification "Notice Was Returned To USCIS Because The Post Office Could Not Deliver It". I had issues with this before, so I'm 100% sure my address is up to date, and I received every other piece of mail, so that's weird. Then I get the same second notification on Saturday, but this time accompanied by a packet in the mailbox. It's an RFE for form I-693 Report of Medical Examination and Vaccination Record. Which outright states on it's instructions that "If you were admitted as a K-1 Fiance(é)...You received a medical examination prior to admission, then: You are not required to have another medical examination as long as you file your form I-485 within one year of an overseas medical examination". I have the vaccination record sheet from my K-1 exam, and the dates are fully within the required range of my receipt date. The only thing I can think is that someone in the office just looked at the file, and because of that system error didn't make the K-1 connection (despite it being the box I selected on my I-485) and sent out the RFE as routine. 

 

I've tried contacting the USCIS via phone which (as anyone who's been blessed with the elevator flute music from hell knows is a complete and total crapshute), and got told I was in the queue for a tier 2 officer, and only had to wait 30 business days..... which brings me well over my RFE deadline of 30 days....

 

I've tried contacting my local representative, and filed a case with the Ombudsman, but I have no idea what to do with this. I don't have spare thousands of $$$ lying around for this medical exam, I don't have insurance because my whole case was massively delayed and I don't even have my SSN yet, but I have a perfectly valid vaccine record and chest xray that should have been accepted according to their own rules.

 

Has anyone ever seen something similar? Should I respond to the RFE with the proof of my K-1 and the old vaccine records? Is there any chance of actually getting them to realise their mistake? 

 

any advice welcome

 

Thanks!

 

 

[Boiler 45,794]

So you had your Medical in Canada and had a complete set of vaccines, nothing outstanding?

[Livmor 8]

@Boiler From Canada: complete set of vaccines, up to date records, no mental health issues or stds, and clean chest x-ray all printed on US Department of State letterhead as required for an approved K-1

 

According to their own rules I shouldn't have been sent and RFE for this

[K1visaHopeful 2,858]

Sounds like you received a COURTESY letter, not an RFE and can be considered junk mail.

 

Post it and we can confirm.

[Livmor 8]

@K1visaHopeful I mean, it says Request For Information, talks about how it's for deciding my case and was sent with the I-693 form packet...

[K1visaHopeful 2,858]

8 minutes ago, Livmor said:

@K1visaHopeful I mean, it says Request For Information, talks about how it's for deciding my case and was sent with the I-693 form packet...

 

Your long-winded post was lacking simple details. Many ppl assume the courtesy letter is an RFE and call it just that when it isn't.

This is an RFE. Thank you for including a screenshot of it as that is very important in determing what it really is rather than guessing and reading between the lines.

 

Did you NOT:

1. Submit a photocopy of your personal copy of DS3025 in your I485?

AND

2. Bring your personal copy of your DS3025 and a photocopy of it and hand the photocopy to the interviewer reminding your IO (who rarely does K1s) that you were a K1 and to look for your medical exam in your AFile?

 

Did you see your A File at the interview?

Did your IO not have it then? (Your post is confusing in that section of speech)

 

Considering you were just interviewed, it's a huge possibly that they:

1. Don't have your AFile yet but will and you'll get an approval shortly.

OR

2. Lost your AFile.

 

Resolution: contact USCIS for an infopass and ask to speak with your IO and find out If they lost your AFile. Bring your Ds3025 and photocopy then to explain the K1 medical exception if you didn't already at your interview (if they lost the AFile that won't work but come prepared.)

Yes, you can do all of this and yes it has worked.

[Livmor 8]

@K1visaHopeful I did submit a copy of the DS-3025 with my I-485, and I did have a copy with me at the interview. I  asked and was told no further evidence was needed, so did not submit at the time. 

 

Yes, I told the IO I was K-1, and the whole reason I was not approved on the spot was because of an error in my A file which was causing a glitch and prevented him from seeing my full K-1. Please remember there's a lot of discrepancy in the interview processes, one officer might ask someone to look over info another might not. In my case I was asked to verify name and address on one document, and otherwise not shown or told what the IO was looking at. 

 

Please be aware that as of 2019 they no longer schedule infopass appointments.

 

I already called and was told I'm in the queue to speak to a tier 2 agent, which will take 30 days. I have 30 days to handle this, so obviously I can't wait for that. 

 

I have no idea how to contact my IO, I have his name but no other information. is this even possible?

[K1visaHopeful 2,858]

1 hour ago, Livmor said:

@K1visaHopeful I did submit a copy of the DS-3025 with my I-485, and I did have a copy with me at the interview. I  asked and was told no further evidence was needed, so did not submit at the time. 

As a recommendation, it is up to you to be adamant and forthcoming with your DS3025 ie. Shove it in their face, don't ask.

 

1 hour ago, Livmor said:

 

Yes, I told the IO I was K-1, and the whole reason I was not approved on the spot was because of an error in my A file which was causing a glitch and prevented him from seeing my full K-1.

 

Then likely they did not have your AFile. See the end of my comment for recommendations.

 

 

 

Please remember there's a lot of discrepancy in the interview processes, one officer might ask someone to look over info another might not. In my case I was asked to verify name and address on one document, and otherwise not shown or told what the IO was looking at. 

 

Please be aware that as of 2019 they no longer schedule infopass appointments.

They do not schedule them ONLINE as ppl were misusing the process. They schedule them by phone for good reason and you have one. Say infopass when you call.

1 hour ago, Livmor said:

 

I already called and was told I'm in the queue to speak to a tier 2 agent, which will take 30 days. I have 30 days to handle this, so obviously I can't wait for that. 

 

I have no idea how to contact my IO, I have his name but no other information. is this even possible?

Yes. As above. It has been done for a previous Canadian applicant of mine in Texas with the same problem.

[Daisy.Chain 317]

I'm sorry to hear this

 

I wonder if scheduling an infopass appt might help? Maybe someone else can comment on this?