Delayed Again, Want to Sue

[Shiawase_Rick 0]

Hello,

My wife and I filed for AOS in the begining of March, 2007. We promptly received a request for more evidence which was cryptic in how it was stated. We asked the local USCIS office what they wanted us to send in which they said they couldn't figure it out either. I also tried calling the 1-800 assistance line which they told me that could not tell me what I was supposed to send in but if I didn't my case would be dropped. I then sent in all of my tax information & passport copies for myself, my wife (immigrant) and my dad (co-sponsor) AGAIN in May, 2007 shortly after her fingerprinting was done. A week or so later we received her EAD and a letter telling us our case had been moved from the MO office to the CA processing center to speed up our processing times. So far everything looks pretty good.

Now it is the end of July and we have received another letter asking for additional information because her shot records are over a year old she needs to submit them again. It is my understanding that when they receive additional evidence they will reset my case receipt time to that date. Therefore what should be March, 2007 will be August of 2007. If they had processed the paperwork we submitted on time this wouldn't even be an issue.

I have two questions:

1. Will they infact reset the receipt date of our case based on when they receive her new immunization records?

2. If this drags on much more would you suggest I seek legal assistance and if so do you have any suggestions?

My wife came to the USA in May of 2006 with a K-1 Fiance Visa. We were married in June. The reason the AOS paperwork was filed late was due to some confusion with a possible job I was hired for in which I would have been sent to northern Japan by the US Military. We had been trying to find out if we should file the paperwork or not with little success during those months. The job fell through in the end of January 07 and we decided to file.

Thank you for any ideas / responses ahead of time.

Edited July 23, 2007 by Shiawase_Rick

[Kez/JWolf 6]

Hello,

My wife and I filed for AOS in the begining of March, 2007. We promptly received a request for more evidence which was cryptic in how it was stated. We asked the local USCIS office what they wanted us to send in which they said they couldn't figure it out either. I also tried calling the 1-800 assistance line which they told me that could not tell me what I was supposed to send in but if I didn't my case would be dropped. I then sent in all of my tax information & passport copies for myself, my wife (immigrant) and my dad (co-sponsor) AGAIN in May, 2007 shortly after her fingerprinting was done. A week or so later we received her EAD and a letter telling us our case had been moved from the MO office to the CA processing center to speed up our processing times. So far everything looks pretty good.

Now it is the end of July and we have received another letter asking for additional information because her shot records are over a year old she needs to submit them again. It is my understanding that when they receive additional evidence they will reset my case receipt time to that date. Therefore what should be March, 2007 will be August of 2007. If they had processed the paperwork we submitted on time this wouldn't even be an issue.

I have two questions:

1. Will they infact reset the receipt date of our case based on when they receive her new immunization records?

2. If this drags on much more would you suggest I seek legal assistance and if so do you have any suggestions?

My wife came to the USA in May of 2006 with a K-1 Fiance Visa. We were married in June. The reason the AOS paperwork was filed late was due to some confusion with a possible job I was hired for in which I would have been sent to northern Japan by the US Military. We had been trying to find out if we should file the paperwork or not with little success during those months. The job fell through in the end of January 07 and we decided to file.

Thank you for any ideas / responses ahead of time.

When did your wife have her medical??? if it was more than 12 month from the date you filed for AOS then yes she will need a new medical.... if they are just asking for her vaccination record you can have this updated by a Civil Surgeon and then send it in....

Kez

[Shiawase_Rick 0]

When did your wife have her medical??? if it was more than 12 month from the date you filed for AOS then yes she will need a new medical.... if they are just asking for her vaccination record you can have this updated by a Civil Surgeon and then send it in....

Kez

To be honest I have no idea. That paperwork was in a sealed envilope which we were told by the embassy in Indonesia we could not open. It was given to the immigration officer on entering the USA which was not returned to us. I can ask my wife to see if she can remember the date. Also, the only vaccine record she has was in that envilope.

* Note: ironically both of us had full physicals and tests done in January 07 for the above job I mentioned which was to be with Boeing Aerospace. So we have some records but I doubt they count unless it's "their doctor".

Edited July 23, 2007 by Shiawase_Rick

[Kez/JWolf 6]

When did your wife have her medical??? if it was more than 12 month from the date you filed for AOS then yes she will need a new medical.... if they are just asking for her vaccination record you can have this updated by a Civil Surgeon and then send it in....

Kez

To be honest I have no idea. That paperwork was in a sealed envilope which we were told by the embassy in Indonesia we could not open. It was given to the immigration officer on entering the USA which was not returned to us. I can ask my wife to see if she can remember the date. Also, the only vaccine record she has was in that envilope.

So you did not include the I-693a vaccination supplament with your AOS packet??? if not then that is what they are looking for...

Your wife should have got a record of what vaccinations she was given at the time of her medical in her home country... you need to take that to a Civil Surgeon and have him/her complete form I-693a this will be place in a sealed envelope and you then need to send it to USCIS....

Kez

[Shiawase_Rick 0]

When did your wife have her medical??? if it was more than 12 month from the date you filed for AOS then yes she will need a new medical.... if they are just asking for her vaccination record you can have this updated by a Civil Surgeon and then send it in....

Kez

To be honest I have no idea. That paperwork was in a sealed envilope which we were told by the embassy in Indonesia we could not open. It was given to the immigration officer on entering the USA which was not returned to us. I can ask my wife to see if she can remember the date. Also, the only vaccine record she has was in that envilope.

So you did not include the I-693a vaccination supplament with your AOS packet??? if not then that is what they are looking for...

Your wife should have got a record of what vaccinations she was given at the time of her medical in her home country... you need to take that to a Civil Surgeon and have him/her complete form I-693a this will be place in a sealed envelope and you then need to send it to USCIS....

Kez

We were never given any records beyond the envilope I mentioned above. Is there some place in particular we should try requesting it from? The doctor? The Embassy? USCIS?

[Kez/JWolf 6]

When did your wife have her medical??? if it was more than 12 month from the date you filed for AOS then yes she will need a new medical.... if they are just asking for her vaccination record you can have this updated by a Civil Surgeon and then send it in....

Kez

To be honest I have no idea. That paperwork was in a sealed envilope which we were told by the embassy in Indonesia we could not open. It was given to the immigration officer on entering the USA which was not returned to us. I can ask my wife to see if she can remember the date. Also, the only vaccine record she has was in that envilope.

So you did not include the I-693a vaccination supplament with your AOS packet??? if not then that is what they are looking for...

Your wife should have got a record of what vaccinations she was given at the time of her medical in her home country... you need to take that to a Civil Surgeon and have him/her complete form I-693a this will be place in a sealed envelope and you then need to send it to USCIS....

Kez

We were never given any records beyond the envilope I mentioned above. Is there some place in particular we should try requesting it from? The doctor? The Embassy? USCIS?

You could try contacting the Doctor that did her medical.... see if they still have a copy of the Vaccinations she was given.... or you could just go to a civil surgeon and have them done again....

Kez

[TracyTN 237]

Nevermind.

Edited July 23, 2007 by TracyTN

[Shiawase_Rick 0]

You have no idea when your wife had her overseas medical?

Im thinking about it and since it would have been done after my patition probably around Christmas of 05 and 06 so itd be over a year after we had filed for AOS.

Don't be surprised though.. Working with US or Indonesian Gov in Indonesia is like trying to do paperwork with little girls running a lemonaid stand.

[TracyTN 237]

Don't be surprised though.. Working with US or Indonesian Gov in Indonesia is like trying to do paperwork with little girls running a lemonaid stand.

Right!

[Gaby&Talbert 1]

K visas don't require vaccines for US entry so therefore you must take care of the required vaccines before you apply for AOS. The form is 693 suppliment.

Edited July 23, 2007 by Gaby&Talbert

[Miranda&James 8]

The receipt date of your case does not change, it is what it is. In reality, those receipt dates are meaningless, in that things like RFE's can delay your processing (as you already know), but they delay it only as long as it takes you to respond to them with the correct information (so if you respond fast the delay is not that great), but things like FBI namechecks can make the processing times vary widely from case to case. Seeing as you only filed in March, you haven't been waiting really that long in the grand scheme of AOS processing, so unless your case is being delayed on the scale of years and not weeks or possibly a month or two due to RFE's I doubt you would have a legal case against the USCIS. After all, if they send you an RFE they obviously need that information for your case (sometimes RFE's are erroneous but they have to be responded to one way or another). It does sound like, looking at the timeline you presented of receiving K1 early last year and filing AOS early this year, that your medical may in fact be over a year old, thus the RFE. Good luck with getting it sorted, hopefully once you get this RFE done they will shortly be done with your case!

[Sinergy 3]

K visas don't require vaccines for US entry so therefore you must take care of the required vaccines before you apply for AOS. The form is 693 suppliment.

Thats not true, on your medical before the interview, if you are not up to date on your vaccines, you will need to get them before you come here.

[SirLancelot 1]

K visas don't require vaccines for US entry so therefore you must take care of the required vaccines before you apply for AOS. The form is 693 suppliment.

Thats not true, on your medical before the interview, if you are not up to date on your vaccines, you will need to get them before you come here.

No, it is true. For K-1 visas, immunizations are not require to enter the US. HOWEVER, they are needed when one files for AOS. So generally it's cheaper to get them done in the native country but it's NOT required for K-1 entries.

Shiawase_Rick, considering that you only filed for AOS in March of 2007, I don't think anyone on here will support your idea of a lawsuit now. If your case was delayed for 18 months or more, perhaps you'd hear more support of a lawsuit but for now, just submit whatever they are asking for and if the RFEs are unclear, post your RFEs on here and perhaps others can help you decipher what exactly they want.

[TracyTN 237]

K visas don't require vaccines for US entry so therefore you must take care of the required vaccines before you apply for AOS. The form is 693 suppliment.

Thats not true, on your medical before the interview, if you are not up to date on your vaccines, you will need to get them before you come here.

No, it is true. For K-1 visas, immunizations are not require to enter the US. HOWEVER, they are needed when one files for AOS. So generally it's cheaper to get them done in the native country but it's NOT required for K-1 entries.

However, it seems a lot of consulates don't pay complete attention to this fact - therein lies the confusion.

London (for one) routinely asks for the vaccination information to be provided to the visa medical doctor, and if said vaccination record is incomplete, the visa medical doctor will administrate whichever jabs the person lacks. Seemingly you have no choice, at that point, but to comply.

[SirLancelot 1]

However, it seems a lot of consulates don't pay complete attention to this fact - therein lies the confusion.

London (for one) routinely asks for the vaccination information to be provided to the visa medical doctor, and if said vaccination record is incomplete, the visa medical doctor will administrate whichever jabs the person lacks. Seemingly you have no choice, at that point, but to comply.

I don't know about the UK, so I'll defer to you as you've had personal experience I presume, but could this be more a UK mandate, by that I mean a UK government mandate for you to get immunized for shots you haven't already completed, vs. a requirement from the US government. I can tell you that USCIS policy is that for K-1s, vaccinations are not required.