I need help fast! Interview a week from now!

[AInfante-Saraireh 0]

Hi everyone who answers me and thanks ahead of time. My husband arrived in Chicago last summer and they kept his sealed medical envelope at the airport. We have our AOS interview next Wednesday and we did not re-take the medical. My husbands last medical was done in January, 2006. He arrived in Chicago August 24, 2006. Our interview is scheduled for next Wednesday, September 5, 2007. The medical is now way over a year old since it was done. Do we have to do this again? I thought the medical that was done in his country was sufficient, since he arrived before the year was up on his original medical. I could squeeze him with a doctor who is on their list tomorrow, but won't get all done until close to interview date. What happens if we go to the AOS interview without a new medical? Will they deny?

Andrea

[foxtobee 1]

Hi everyone who answers me and thanks ahead of time. My husband arrived in Chicago last summer and they kept his sealed medical envelope at the airport. We have our AOS interview next Wednesday and we did not re-take the medical. My husbands last medical was done in January, 2006. He arrived in Chicago August 24, 2006. Our interview is scheduled for next Wednesday, September 5, 2007. The medical is now way over a year old since it was done. Do we have to do this again? I thought the medical that was done in his country was sufficient, since he arrived before the year was up on his original medical. I could squeeze him with a doctor who is on their list tomorrow, but won't get all done until close to interview date. What happens if we go to the AOS interview without a new medical? Will they deny?

Andrea

No.don't worry. The envelope that he left at the airport has been forwarded to your local office. I was worrying about it for a bit too, when I had my interview last month. I did call USCIS and they assured me that I was fine if I did take it at my home country. I didn't have any problem during the interview and was adjudicated and received my green card.

Good luck on your interview!!!! :thumbs:

Edited August 30, 2007 by foxtobee

[Dakine 26]

FEDERAL REGISTER INTERIM REGULATIONS at USCIS website, I quote:

"C. Medical Examinations

According to 8 CFR 245.5, aliens seeking to adjust status are required to undergo a medical examination performed by a designated civil surgeon to determine whether they are inadmissible under section 212(a)(1)(A) of the Act. To date, applicants for K nonimmigrant visas have been required to obtain a medical examination abroad pursuant to Department of State regulations at 22 CFR 41.81 prior to entry, and the medical examination is not repeated if they apply for adjustment of status within 1 year of the dat e the examination was performed. They are, however, required to submit with the adjustment of status application a vaccination assessment completed by a designated civil surgeon in order to establish their compliance with the vaccination requirements under section 212(a)(1)(A)(ii) of the Act.

The Service will continue this same policy for the K-3/K-4 nonimmigrants. K-3/K-4 nonimmigrants who file their adjustment of status application within 1 year from the date of the medical examination overseas will not have to submit an additional medical examination. However, the Service notes that applicants whose medical examinations overseas revealed a “Class A” or “Class B” condition (as defined by 42 CFR 34.2( B ) ) must establish upon application for adjustment of status that they complied with those cond itions imposed on the initial admission. Failure to comply with those conditions means that a new medical examination will be required.

1.

[AInfante-Saraireh 0]

Thanks for answering. Well, we filed the AOS in May of 2007. So it's more than a year that we filed to his medical exam taken in his country. So this means we have to repeat this medical exam? They took the medical envelope at the airport less than a year from the last medical. Isn't that sufficient?

Andrea

[Nancy2015 2]

Thanks for answering. Well, we filed the AOS in May of 2007. So it's more than a year that we filed to his medical exam taken in his country. So this means we have to repeat this medical exam? They took the medical envelope at the airport less than a year from the last medical. Isn't that sufficient?

Andrea

He has to have had a medical within a year prior to AOS filing. He needs to take it again...

[Sand 5]

Good Luck !

[LaL 418]

Wouldn't an RFE be sent out for this if they needed it? I am not saying this as an absolute, but seems to often be the case. Of course we also see RFE's for medicals done within a year *shrugs*

Safe side - redo a medical. Living dangerously - see if you get an RFE at the interview. Kidding aside - do what you feel is best.

[AInfante-Saraireh 0]

Well we decided since it's too close anyway to just go to the interview and tell them we have the medical and thought it was good. We will tell them we though once turned into the USA upon entrance before the year has expired, it was valid. I mean all theywould do is tell him they need the medical before they issue the green card, right?

[AInfante-Saraireh 0]

Well called my attorney to ask this same question, and the phone is disconnected. I know he said he was merging with someone, but can't remember who and no forwarding telephone number. Great! I did the AOS for my husband, my attorney did the I130 and the I129F (K3) paperwork. ARGH!!!

[Dakine 26]

Well we decided since it's too close anyway to just go to the interview and tell them we have the medical and thought it was good. We will tell them we though once turned into the USA upon entrance before the year has expired, it was valid. I mean all theywould do is tell him they need the medical before they issue the green card, right?

Go for it but don't bring up the topic unless they ask.

Still would be a LOT better if you had the I-693 from a Designated Civil Surgeon in hand.

You never know what happens when you don't go by the rules and stir up the pot!

[misa 2]

If I were you, I'd just go to the interview and see what they say. If they don't ask for a new one, GREAT! If they do ask for a new one, it'll only be a slight delay in the grand scheme of things. Good luck!

[cshell 0]

AInfante-Saraireh, can you give us an update here in this post after the interview

thanks

[AInfante-Saraireh 0]

I sure will. And thanks everyone who answered.

Andrea

[rebeccajo 14]

Did you receive an RFE for a medical? What makes you think you need another one?