I just received my greencard and wanted to share my experience as it might be useful for some of you!
Filed from K1 on January 8th
AOS interview May 5th
Greencard received May 16th
Interview went well but officer said that my K1 medical exam was expired and I needed a new one. I told her it was supposed to be good for 1 year (I had the exam in October 2017 and it expired 6 months after in April 2018, right before my interview). She insisted that the medical exam for K1 and AOS are different and I would need to take another one. She was going to double check with her supervisor but it was likely that I will receive an RFE. I told her I saw that 1 year rule on a form and she asked what form, but at the time I didn't remember.
We left the interview and my husband was a bit mad because I should have known better and I should have done the medical! I argued that if I didn't think I had to do another medical exam, it was for a reason (as I did a lot of research on this entire process)! So I dug around, remembered, and found the official instructions on form I-693 stating that K1 visa holders with a medical exam less than 1 year old do NOT need to take it again. (see page 7 on official instructions: 3. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?).
I showed it to my husband and he told me to go back, find the officer and show her that document (we were already back home at that point!). I didn't think arguing with the officer would be a good idea, but I also didn't want to wait another 2 months without working and spend another $400 on a medical exam I didn't need. So I printed the forms, went back to the building ready to wait and catch the officer between 2 interviews. I got lucky as she was finishing up an interview right when I stepped into the room! She saw me and asked what I was doing back here, so I asked her if she would take 2 minutes to talk to me when she got a chance. She told me to wait a moment, she finished with the couple and was ready to see me. She said her supervisor confirmed that I needed another medical exam, so I showed her the official instructions explaining why I didn't take another one and that I was a bit confused. She read it and said that she agreed with me but she would have to double check with her supervisor and that he would be the one deciding. I left feeling like at least I tried everything! She was also very nice and understanding.
Few days later my case was approved with no RFE and I received my greencard yesterday!
It does seem like USCIS officers AND supervisors are not aware of all the rules, so don't be afraid to have backup documents with you and (nicely) argue your case! It saved me 2 months of waiting and $400!
January 2018 AOS Filers
in Adjustment of Status Case Filing and Progress Reports
Posted
Hi everybody,
I just received my greencard and wanted to share my experience as it might be useful for some of you!
Filed from K1 on January 8th
AOS interview May 5th
Greencard received May 16th
Interview went well but officer said that my K1 medical exam was expired and I needed a new one. I told her it was supposed to be good for 1 year (I had the exam in October 2017 and it expired 6 months after in April 2018, right before my interview). She insisted that the medical exam for K1 and AOS are different and I would need to take another one. She was going to double check with her supervisor but it was likely that I will receive an RFE. I told her I saw that 1 year rule on a form and she asked what form, but at the time I didn't remember.
We left the interview and my husband was a bit mad because I should have known better and I should have done the medical! I argued that if I didn't think I had to do another medical exam, it was for a reason (as I did a lot of research on this entire process)! So I dug around, remembered, and found the official instructions on form I-693 stating that K1 visa holders with a medical exam less than 1 year old do NOT need to take it again. (see page 7 on official instructions: 3. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?).
I showed it to my husband and he told me to go back, find the officer and show her that document (we were already back home at that point!). I didn't think arguing with the officer would be a good idea, but I also didn't want to wait another 2 months without working and spend another $400 on a medical exam I didn't need. So I printed the forms, went back to the building ready to wait and catch the officer between 2 interviews. I got lucky as she was finishing up an interview right when I stepped into the room! She saw me and asked what I was doing back here, so I asked her if she would take 2 minutes to talk to me when she got a chance. She told me to wait a moment, she finished with the couple and was ready to see me. She said her supervisor confirmed that I needed another medical exam, so I showed her the official instructions explaining why I didn't take another one and that I was a bit confused. She read it and said that she agreed with me but she would have to double check with her supervisor and that he would be the one deciding. I left feeling like at least I tried everything! She was also very nice and understanding.
Few days later my case was approved with no RFE and I received my greencard yesterday!
It does seem like USCIS officers AND supervisors are not aware of all the rules, so don't be afraid to have backup documents with you and (nicely) argue your case! It saved me 2 months of waiting and $400!
Hope this helps! Good luck to you all!