RFE received right before holiday travel plans

[Brocha 0]

Hi everyone, we submitted our AOS and I-130 last year on Nov, 2022. We also submitted an EAD & Advanced Parole request alongside it as we have noticed the long wait times for all these documents to process. She visited with a tourist visa and we decided during the covid situation to stay together rather than risk being separated indefinitely.

 

We finally received both my wife's EAD and AP in October this year and were ecstatic, my wife has been away from her family for almost 2 years now so we quickly arranged travel plans to visit her family during the holidays. We are booked to fly out next Monday, I will only be visiting briefly while my Wife planned to stay until Feb. However, we just received an RFE yesterday requesting a copy of her approved I-130, and a medical examination to be sent. 

 

I have a copy of the approved I-130 but noticed the deadline for the medical examination is in January. Is there any way we can request an extension to submit the medical examination? I called a local urgent clinic that is listed on the USCIS website to perform medical examination. They said no appointment needed and just walk-in, felt hard to believe but I asked if they are 100% sure this applies for visa medical exam too and the lady insisted yes. My wife hasn't had any luck in requesting her medical history from her country, they requested proof of identity and haven't responded since she sent the requested proof. Only thing she has is a copy of her international covid vaccine document she used when traveling to the U.S. initially.  Can she possibly have the medical exam performed while oversees in her home country? 

 

Any advice would be highly appreciated. 

[Chancy 6,241]

28 minutes ago, Brocha said:

Can she possibly have the medical exam performed while oversees in her home country?

 

For I-485 RFE, only a medical exam and I-693 form completed by a USCIS-accredited civil surgeon in the US will be acceptable.

 

[CMJuilland 485]

I don’t recall ever seeing an extension for an RFE, and I personally wouldn’t risk it. Sadly, your best bet is to either delay your travel plans on the front end (i.e., traveling later) so she can complete her medical, or shorten your plans on the back end (i.e., having her come back early and book the medical with ample time for everything to be sent). If it were me, I would want it out of the way and sent before I left the country, just to be sure. 

Why don’t you try for her to walk into the USCIS-approved clinic today or tomorrow and see what happens? As far as immunization is concerned, I had lost my vaxx pass from when I was a child, and I just had them give me all the shots again. It wasn’t a big deal at all. 

Best of luck to both of you!

Edited November 9, 2023 by CMJuilland

[jackiegringa 419]

2 hours ago, Brocha said:

They said no appointment needed and just walk-in

Go tomorrow and send it before you travel otherwise you will be risking a denial of AOS which will automatically invalidate both EAD and AP, which if your wife is still abroad will mean that she cannot come back to the US and will have to go through the spousal visa process (2 years or so for completion)

[OldUser 6,596]

If I-485 gets denied, your wife likely get 3 or even 10 year bar on coming back to the US.

 

With overstay, the safest thing is to not travel internationally at all until Green Card is in hand. Nowadays, USCIS is aware whether somebody left the country, and the AOS decision (denial for example) may be "conveniently" issued while she's overseas.

 

You both seem to take immigration lightly. I'd be doing everything to submit response to RFE ASAP. As others mentioned above, she should try going to a clinic and complete the medical exam before leaving the US. There's no extension for RFE as far as I know.

 

7 minutes ago, jackiegringa said:

Go tomorrow and send it before you travel otherwise you will be risking a denial of AOS which will automatically invalidate both EAD and AP, which if your wife is still abroad will mean that she cannot come back to the US and will have to go through the spousal visa process (2 years or so for completion)

She'll probably have the bar too.

Edited November 9, 2023 by OldUser

[Dashinka 24,475]

Sounds like you have a day and a half to find an approved civil surgeon, do the medical exam, and get the results.

[SalishSea 17,791]

I know your wife is excited to travel, but it seems unnecessarily risky in this situation- especially to stay out for several months????    I certainly would not do that until the GC was issued.

[CMJuilland 485]

Invalidation of EAD/AP and triggering a bar are very good points I hadn’t even considered. You do want to be careful here. Also, given that USCIS sent you an RFE, they seem to be almost ready for your interview. You may very well get a notice of interview between now and February. Just something else for you two to consider. 

I don’t know your exact circumstances, but it seems safest to maybe just travel for the Christmas/New Year portion… Not much happens in most (if not all) government agencies during that time anyway, and it would give you about two weeks, potentially making the trip worthwhile. Don’t jeopardize what you have achieved so far, even if it seems almost unbearable for your wife right now. Little side story on that: when I was in that situation, my EAD/AP didn’t get approved within normal processing times, and it got to the point where I had to involve my congressman in order to get any kind of response from USCIS. While his office was contacting them, my grandma passed away, and the funeral was scheduled. My EAD/AP was still not on the horizon, and I knew I wasn’t going to be able to go to the funeral to pay my respects (grandma were VERY close) and keep my family situation here in the States on track. So, I talked to my mom, and she implored me to stay put and to not travel. She said that the last thing my grandma would have wanted for me is to delay my family further and prolong the time apart. It was hard, but I did, and I don’t regret it. I know it sucks, but in the long run, it will pay off.