Another i-693 Question

[dalox303 2]

My wife had her vaccination examination in March of 2020 in her home country for her K1 and we applied for her AOS in April of this year (2021).  Last week we received her Interview date, with no formal request for an i-693.  If we're required to complete the i-693 would we have received a request document by the USCIS? And/or is the time between her vaccination exam and AOS application submission (technically over 12 months), close enough to "within one year" for the USCIS to not really care?

 

Thanks

[K1visaHopeful 2,858]

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

"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]

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).

If the applicant was granted a change of status to V in the United States, [29] the medical examination report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted."

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If you complied with the above and filed AOS within one year of your overseas medical exam date, the I693 and its procedures/policies do not apply to you as a K1 applicant. It does not matter when your AOS interview happens, as long as you filed AOS within one year of the overseas medical exam date (and you meet the above conditions), your medical will never expire.
Submit a photocopy of your personal copy of the DS3025 Vaccination Record with I485 and bring your personal copy to the AOS interview as back up.
Your actual overseas medical exam documents were collected at your POE as they were IN your sealed K1 Visa packet and will be sent from CBP to DHS for storage in your A-file.
Your interviewing officer will collect your A-file for review at your AOS interview or shortly after and confirm that your previously submitted K1 medical exam and vaccinations meet the requirements.

So the two big questions are:

1. Is your DS3025 marked complete? Check the bottom left corner for the checkbox that says "K1 Visa applicant voluntarily completed vaccination requirements"

2. Will USCIS receive and issue you a receipt number within one year of your overseas medical date to have complied with the one year submission requirement?

If yes, you have completed the medical requirements to adjust status.



,

[K1visaHopeful 2,858]

So you are over the one year requirement to file AOS from the overseas medical exam.

You can book a civil surgeon appointment before your interview and have an I693 completed now that you have an interview scheduled.

[dalox303 2]

37 minutes ago, K1visaHopeful said:

So you are over the one year requirement to file AOS from the overseas medical exam.

You can book a civil surgeon appointment before your interview and have an I693 completed now that you have an interview scheduled.

If the appointment can't be scheduled before the interview, it shouldn't be an issue correct?

[K1visaHopeful 2,858]

4 hours ago, dalox303 said:

If the appointment can't be scheduled before the interview, it shouldn't be an issue correct?

You'll just get an RFE delaying the GC approval until you satisfy the medical examination requirements.