Is this going to get me into trouble?

[perfect 39]

I have written a draft letter to accompany our RFE. Do you think this will get me into trouble or give the USCIS reason not to approve his AOS?

ANy advice would be appreciated.

Thank you for your letter requesting further evidence in the application to register permanent residence and adjust status for XXXXXX which we received on April 6, 2006.

We were somewhat surprised to receive a request for an original I-693 Medical Examination and I-693 Vaccination Supplement as the Vaccination Supplement was submitted in a sealed enveloped stamped on the outside by the Civil Surgeon as part of the original application. (Please see coversheet checklist attached in order to verify where in the original petition this was located).

In addition, I was advised by the USCIS themselves and confirmed on your website, that XXXX does not require another medical examination because “if you were admitted to the United States as a fiance(e) (K-1), child of a fiance(e) (K-2) (he arrived here under that status on June 20, 2005), Spouse of a U.S. citizen (K-3), or child of K-3 (K-4), and received a medical examination prior to admission, (which he did in the UK, London Embassy on March 28, 2005), then you do not require another medical examination as long as your application for adjustment of status (Form I-485) is filed (specifically it does not say adjudicated within one year of this date). within one year of your overseas medical examination. (which it was, with an I-797 date at the beginning of February 2006).. You will, however, be required to submit a vaccination supplement with your adjustment of status application (which we already did with the original package). The vaccination supplement must be completed by a designated civil surgeon (this was completed by XXX on 26 August 2005 and submitted with the original AOS application).

In view of your request, we have however, returned to the Civic Surgeon who signed the original I-693 Vaccination Supplement and have obtained another to replace that which for some reason your request implies was overlooked in the original petition, and sincerely hope that this will enable you to proceed with the approval of this application without further delay.

If we have been given incorrect information regarding the requirement for a medical examination by one of your USCIS officers and by your website please contact us as soon as possible so that we can make the appropriate arrangements to ensure that this application is not delayed any further.

We very much appreciate how busy you are, but thank you in advance for your prompt attention to this.

Best Regards

[Kez/JWolf 6]

I think you need to read this topic before you send that letter.....

http://www.visajourney.com/forums/index.ph...owtopic=128&hl=

Kezzie

[Peter 0]

Why risk it?

I mean jesus.. spend the money and get another medical. is it REALLY worth risking a denial?

[rebeccajo 14]

Why risk it?

I mean jesus.. spend the money and get another medical. is it REALLY worth risking a denial?

They don't need another medical.

They need an I-693A, vaccine supplement.

It's unclear to me if the OP sent that with their original AOS packet (and USCIS has lost it) or if they mistakenly thought the DS-3025 would suffice.

Edited April 7, 2006 by rebeccajo

[perfect 39]

we sent the vaccination supplement along with the original application for AOS and now got an RFE asking for a new medical AND vaccination supplement!!!

[Hilarious Clinton 452]

they will likely ignore the letter. They are wrong.... sigh

[Peter 0]

Why risk it?

I mean jesus.. spend the money and get another medical. is it REALLY worth risking a denial?

They don't need another medical.

They need an I-693A, vaccine supplement.

It's unclear to me if the OP sent that with their original AOS packet (and USCIS has lost it) or if they mistakenly thought the DS-3025 would suffice.

It don't matter if they need or don't need another medical. have you not read anastasia's post? It's been quoted here. I suggest you read it before you jump to conclusions.

[Anastasia 1]

I see my story about my AOS denial was linked here already. If I could do it all over again, I seriously would prefer to do the stupid medical and save me all the trouble and stress I was/am going through. Perfect, it might work the way you want it or it might not, but I don't think it's worth the risk.

[Autumnal 25]

If you can spare the coin, I'd honestly just go ahead and get another medical done to satisfy them. As well worded as your letter is, chances are USCIS will simply overlook it or your file will be shunted onto another person's desk and a similar problem will arise.

Honestly, it's a fretful situation but there's not much you can usually do against the system, I'm afraid. The outcomes in the negative seem much more likely to happen and, ask yourself, is it really worth going through all this trouble only to be denied? :/

[tracyandoksana 0]

My wife received the same RFE for medical exam and supplemental vaccination work sheet. She is here on a K-1 and we are doing AOS. We did not send in the vaccination supplement with our AOS packet. We went to a civil surgeon and got one. I sent it with a letter stating that there web site said she did not need another medical exam as we filed the paper work whith in the one year time frame of her overseas medical exam.

We just had her AOS interview 4-4-06 in San Jose Ca. Still waiting the results of that because the interviewer did not have her K-1 packet and he stated he wanted to check it against answers we gave him

[rebeccajo 14]

Oops! You're medical was done over a year ago.....

You need a new one.

[rebeccajo 14]

Oops! You're medical was done over a year ago.....

You need a new one.

Damn. I am confused now. Just read your timeline in more detail........

Why risk it?

I mean jesus.. spend the money and get another medical. is it REALLY worth risking a denial?

They don't need another medical.

They need an I-693A, vaccine supplement.

It's unclear to me if the OP sent that with their original AOS packet (and USCIS has lost it) or if they mistakenly thought the DS-3025 would suffice.

It don't matter if they need or don't need another medical. have you not read anastasia's post? It's been quoted here. I suggest you read it before you jump to conclusions.

Peter, you don't have to be so rude.

Odds are the vaccine supplement is all they need. I had not read Anastasia's case - in light of this a new medical may be in order. Or you could be in the same situation as tracyandoksan. I suppose there is no phone number you can call, get a live body and check......if not I guess I would not risk it.

Edited April 8, 2006 by rebeccajo

[sjoefl01 1]

I agree with the majority here. It really sucks but I would pay for another exam so that I could put this insanity behind as quickly as possible.

Has anybody ever asked a lawyer about these medical exam RFEs? They seem to be fairly common and clearly against USCIS policy.

[skoopie 0]

I would get a second medical, but in order for you to save a few bucks, when you go back for your second medical, take a copy of the first medical you had and they should only charge you about half the money (since all the immunization records are still valid). They'd only have to do the TB, Aids, etc. tests.

[000OOO000 0]

Yea, a letter like this will be shifted to the can most likely. They simply dont have the time to read lengthy letters. Just give them what they ask for and wait and see. I know its expensive and a hassle but no point arguing with the government. You can't win.

Edited April 8, 2006 by LMR