RFE for I-693 (even though DS-3025 was completed)

[Tonez 24]

I arrived in the US on K1 last December.

My medical was done in the UK last October and I have a completed, signed, dated with all required vaccines on my DS-3025.

 

The DS-3025 was obviously included in my AOS package. Originally had the interview scheduled on June 28th, but that got cancelled on June 3rd. Heard nothing from USCIS until yesterday when I received an RFE asking for a completed I-693 medical form, including vaccinations.

 

I don't understand? My medical was done less than a year ago (and a lot less than 6 months before entering the US) and I had the extra vaccinations required at the medical (and I already had covid, which has been included on the DS-3025) which have been ticked and signed off on the DS-3025. Why are USCIS requiring me to pay for another medical that's going to have the exact same information as the DS-3025 I already sent them.

 

I've seen in Facebook groups recently others have had the exact same RFE in the same situation but a few saying they don't want to fight USCIS. It's ridiculous they are treating immigrants like this, even though we have followed everything they asked us to do.

 

I've attached the RFE and my DS-3025 proof of completion as reference 

[K1visaHopeful 2,850]

Is it really an RFE or does it say Deficiency notice at the top (scan the whole sheet please)?

[Tonez 24]

It says "Request for Evidence" at the top. Can't see deficiency notice anywhere

[Wuozopo 4,293]

18 minutes ago, Tonez said:

I don't understand? My medical was done less than a year ago (and a lot less than 6 months before entering the US) and I had the extra vaccinations required at the medical (and I already had covid, which has been included on the DS-3025) which have been ticked and signed off on the DS-3025. Why are USCIS requiring me to pay for another medical that's going to have the exact same information as the DS-3025 I already sent them.

A possible reason….

Your photocopy of the vaccination form is not an original. It merely points them to the fact that you complied with vax requirements. The original medical report from the visa clinic was in your white envelope turned over at POE and sent to storage. When you applied for AOS, your white envelope K1 file and medical would be ordered out of storage and added to your new case file. Sometimes that file can’t be found. It could just be filed wrong alphabetically, or the person who was to go find it couldn’t be arsed to look.  If a “lost” medical file is the problem, USCIS has no record to clear you on medical issues or immunisations. So they ask that you go get cleared and send an I-693. 

[Pinkrlion 2,724]

Resubmit the I-693.  They plan to waive your interview, but cannot do so without an updated medical.  

[Chancy 6,242]

46 minutes ago, Tonez said:

My medical was done in the UK last October and I have a completed, signed, dated with all required vaccines on my DS-3025.

 

You're right that I-693 should not be required in your case, but it seems like USCIS lost your original visa medical report.  It happens.  If you decide to comply with the RFE rather than fight USCIS, I suggest looking for a civil surgeon who is willing to transcribe your DS-3025 info onto an I-693 without requiring you to redo the medical.

 

[Mike E 11,741]

This is why some lawyers handing I-485s for K-1s insist that the K-1 get a new medical. They’ve been burned too many times by USCIS ineptitude, sometimes at the interview.  
 

If you reply to the RFE that the RFE is erroneous you run the risk of the case being denied.  You then have the choice of an appeal or file a new I-485. 
 

It isn’t  fair enough of course.  

[Tonez 24]

Thanks for the info guys.

 

Of course I plan to get the new medical done, by "fighting USCIS" I just meant I hadn't heard anyone say anything other than they just got the medical done.

 

I just wanted to check to see if I was missing something, as having a new medical won't (shouldn't) show anything different. A lost file (or can't be bothered to look for it) makes sense.

 

Thanks again

[jan22 3,056]

Maybe the problem was with the version of the form the panel physician used -- which was dated (lower Ieft corner) 05-2017 and signed by the doctor on Oct 28, 2021.  There was at least one newer version of the DS-3025 dated 03-2020 -- and maybe one dated in September or October of 2021, to cover the new COVID-19 vaccination requirement that took effect Oct 1, 2021, I'm not sure.  USCIS may have not accepted the information as presented, since it wasn't on the version of the former they were looking for?

[Tonez 24]

1 hour ago, jan22 said:

Maybe the problem was with the version of the form the panel physician used -- which was dated (lower Ieft corner) 05-2017 and signed by the doctor on Oct 28, 2021.  There was at least one newer version of the DS-3025 dated 03-2020 -- and maybe one dated in September or October of 2021, to cover the new COVID-19 vaccination requirement that took effect Oct 1, 2021, I'm not sure.  USCIS may have not accepted the information as presented, since it wasn't on the version of the former they were looking for?

Good spot. Yeah maybe it is that? That's super annoying if it is, as you'd think the people conducting the medical would have the updated forms

[Tonez 24]

Update:

I've seen others who had their medical around the same time as me in London with the same form, so if that is the case, then a whole batch of us are going to get the same RFE

[Tim&Pashy 5]

9 hours ago, Tonez said:

I arrived in the US on K1 last December.

My medical was done in the UK last October and I have a completed, signed, dated with all required vaccines on my DS-3025.

 

The DS-3025 was obviously included in my AOS package. Originally had the interview scheduled on June 28th, but that got cancelled on June 3rd. Heard nothing from USCIS until yesterday when I received an RFE asking for a completed I-693 medical form, including vaccinations.

 

I don't understand? My medical was done less than a year ago (and a lot less than 6 months before entering the US) and I had the extra vaccinations required at the medical (and I already had covid, which has been included on the DS-3025) which have been ticked and signed off on the DS-3025. Why are USCIS requiring me to pay for another medical that's going to have the exact same information as the DS-3025 I already sent them.

 

I've seen in Facebook groups recently others have had the exact same RFE in the same situation but a few saying they don't want to fight USCIS. It's ridiculous they are treating immigrants like this, even though we have followed everything they asked us to do.

 

I've attached the RFE and my DS-3025 proof of completion as reference 

What I've read on the instructions for the I-693 is that even if you got your exam before a year is up, you still have to submit an i-693 form but you only need to do sections 1-5 and 7 instead of the whole thing. 

[Timona 4,208]

Save yourself some money and visit the below link. Put your zip code and go for the cheapest @Tonez

 

https://www.easyime.com/

Edited August 31, 2022 by Timona

[Wuozopo 4,293]

14 hours ago, Tim&Pashy said:

What I've read on the instructions for the I-693 is that even if you got your exam before a year is up, you still have to submit an i-693 form but you only need to do sections 1-5 and 7 instead of the whole thing. 

That is done when the vaccinations were not completed and signed off at the K1 visa medical. The applicant (for AOS) has to get the needed vaccinations and have a Civil Surgeon in the US sign off on the I-693 that the vaccinations are complete. The K1 medical is still valid, so only the vaccination part of the medical form needs to be addressed. 
 

In the case of the OP @Tonez , He was signed off on his complete vaccination record at his K1 medical. He should be cleared for AOS on everything medical.  But USCIS is asking for an I-693, which would indicate his medical file (turned in at POE) did not make it to his AOS file. So if his whole file was “lost”, he needs everything done, not just the vaccination page update you mentioned. 

[Mike E 11,741]

18 minutes ago, Wuozopo said:

That is done when the vaccinations were not completed and signed off at the K1 visa medical. The applicant (for AOS) has to get the needed vaccinations and have a Civil Surgeon in the US sign off on the I-693 that the vaccinations are complete. The K1 medical is still valid, so only the vaccination part of the medical form needs to be addressed. 

Yes it even says that in the visa journey guide.  Our lawyer told us we needed a medical.  So we got one. And the doctor said: “your  vaccines are not complete”. So we completed them. At the interview the IO was angry at my lawyer for making us get a medical. She tried to reason with him. He shut her down. Well she was right.  
 

I-693 is almost as stupidly written as I-865. 
 

I don’t know why K-1 visas are issued to people with incomplete vaccines.  That would simplify this mess. Or better yet since it is a non immigrant visa, don’t have a medical requirement before issuing the visa. 

Edited August 31, 2022 by Mike E