Please help.....RFE for AOS

[bignije 0]

Hi,

I have recieved an RFE for my AOS application.

The RFE asks for DS-2053, which I assume was in the brown envelope that i handed in at my POE (I had my K-1 Visa medical in London)

It says if i do not have a copy of DS-2053, submit form I-693, which is the copy of the Civil Surgeons report...now, I visited a civil surgeon to get the vaccinations completed and the vaccination portion of the I-693 filled, and that was sent with my I-485.

So it seems they are requesting something they already have. I dont have the money to go and get another medical exam, what the heck can I do?

Thanks in advance,

Nige

[n1dom 0]

Nige,

I'm gonna stick my neck out here and, if the advice is wrong, I'm sure someone will reprimand me sternly.

Recently there appears to be a significant number of AOS cases receiving RFEs for I-693s, particularly vaccinations, and I'm pretty sure that one can rightly assume that the medical information is included in the envelope handed over at the POE.

If you've got a copy of the the I-693 and that you've met all the vaccination requirements correctly, I'd say you should respond to the RFE by re-submitting a copy of that and an accompanying note explaining that you had already submitted the original with the AOS application.

My reasoning behind this is that I had the same experience in getting an RFE for and I-693 despite submitting a DS-2053 with my AOS application. When I went for my AOS interview last week, I discussed the RFE with the case officer and she showed me the original medical from London was in the file and was correct. The officer also explained that the people that open AOS applications are "bought in off the streets", "have absolutely no knowledge of immigration laws" and that "the RFE was issued incorrectly". She also showed me where she'd marked up my file to show that it was incorrectly issued.

I hope that's helpful, but I'm sure others will have their own opinions too!

Dom

[VanessaTony 3,567]

Hi,

I have recieved an RFE for my AOS application.

The RFE asks for DS-2053, which I assume was in the brown envelope that i handed in at my POE (I had my K-1 Visa medical in London)

It says if i do not have a copy of DS-2053, submit form I-693, which is the copy of the Civil Surgeons report...now, I visited a civil surgeon to get the vaccinations completed and the vaccination portion of the I-693 filled, and that was sent with my I-485.

So it seems they are requesting something they already have. I dont have the money to go and get another medical exam, what the heck can I do?

Thanks in advance,

Nige

I suggest making an infopass appointment and asking them to check your A file where the medical should be. if it's not there then the embassy needs to contact your doctor in the UK to get another copy sent OR you need to do the medical.

The reason I say this is because someone did what the PP suggested and was denied her AOS and she is still fighting it. Here's her thread: http://www.visajourney.com/forums/index.php?showtopic=237821 which explains what she's done since to try and fix it.

The 3025 is the vaccination sheet. The 2053 is your MEDICAL. it means they've lost it or can't find it. It's in the "A" file which is the file that you handed in POE

[n1dom 0]

I suggest making an infopass appointment and asking them to check your A file where the medical should be. if it's not there then the embassy needs to contact your doctor in the UK to get another copy sent OR you need to do the medical.

The reason I say this is because someone did what the PP suggested and was denied her AOS and she is still fighting it. Here's her thread: http://www.visajourney.com/forums/index.php?showtopic=237821 which explains what she's done since to try and fix it.

The 3025 is the vaccination sheet. The 2053 is your MEDICAL. it means they've lost it or can't find it. It's in the "A" file which is the file that you handed in POE

Having read what Vanessa&Tony posted, please ignore my earlier waffle and go with what they say.

[bignije 0]

Thanks for the replies.

I've been trying to make an Infopass appointment all day and cant get the bleedin USCIS website.

They are going to have to find the medical because, honestly, i've been living off my savings for 2 months already and another medical just isn't in the budget!! :-(

Edited March 12, 2010 by bignije

[VanessaTony 3,567]

Thanks for the replies.

I've been trying to make an Infopass appointment all day and cant get the bleedin USCIS website.

They are going to have to find the medical because, honestly, i've been living off my savings for 2 months already and another medical just isn't in the budget!! :-(

The site is down at the moment so my other suggestion is try calling your doctor where you had the medical done. I've read that they normally won't send it but it certainly can't hurt to TRY given you've tried other things. Perhaps you could have a family member collect it? Or ask them to email it to you or fax it somewhere?

I hope you're able to find it. I'm considering starting trying to get a hold of mine "just in case" this happens to me too. It's so annoying!

[Mikedmaster 1]

I suggest making an infopass appointment and asking them to check your A file where the medical should be. if it's not there then the embassy needs to contact your doctor in the UK to get another copy sent OR you need to do the medical.

The reason I say this is because someone did what the PP suggested and was denied her AOS and she is still fighting it. Here's her thread: http://www.visajourney.com/forums/index.php?showtopic=237821 which explains what she's done since to try and fix it.

The 3025 is the vaccination sheet. The 2053 is your MEDICAL. it means they've lost it or can't find it. It's in the "A" file which is the file that you handed in POE

I would try to go back to the US civil surgeon who completed your sent 693. Bring the copy of the previous 693 you have (you did keep a copy before submitting the sealed evelope right?), explain your situation to him/her, ask to do another signature page of the 693, seal it again and re-submit this 693. If your civil is a reasonable person then he/she should be able to do that for you. It is worthless to fight USCIS.

[Scott & LC 3]

I'm having the same problem. I already sent in a signed I-693 form and I'm getting the same RFE. I really don't understand. Sigh...

[prettyunique 1]

So... I went through this same thing. The RFE reads that they need a properly completed medical exam from overseas. Is that right? They do not see your medical exam in your file. Either they may have lost it or they did not look for it. The DS 2053 and I-693 are both the whole medical examination. The 2053 is the form that the panel physicians filled out and the US equilavent is the I693. The DS 3025 is the vaccination supplement that is attached with the 2053 (medical exam)

Portions of the I-693 (parts 1,2 and 5) are filled out for the vaccination trascriptions by the CS. IMO, you do not need another transcription done by the CS because they have the vaccination supplement that you sent with the AOS. They want another medical exam. You could write a letter to send in with the vaccination transcription and the original RFE letter informing them that you had the full medical exam as required by the US goverment to get a KI visa for entry to the US and that it is valid. Make it as detail as you can with dates, where it was performed, reciepts and even send in the 3025 because it has the name (signature) of the physcian who performed your medical exam. You can get in touch with a senator or congressman who inquire about your medical.

An infopass did not help me or anyone else on here as of yet..... they told me that the local uscis do NOT have your files at this point. They only get them when it is time for an interview. In addition, they do NOT have access to anyone who could look at the file. The person at the office did tell me that they are asking for the medical exam and that I should write the letter.

I did just what I suggested to you.... and my case was transferred to CSC a couple of days ago. With the same breath, I should say that every case is not exactly the same and do not have the same variables (different reviewers)

If you do not want to chance a denial because they could not find your medical exam, you could just get another medical.

The link that was posted earlier was not only about a RFE for a medical but also missing pages to the application itself. So it is hard to say that it was denied for only his medical. If I am not mistaken, he was told he could be interviewed without his medical because of all of the confusion with the application, medical being lost and etc.

[Corinthians 7]

If you can get another copy resent from the doctor who did the medical, try that.

Also, it can be faster to call your Senator, tell them your medical was lost and have them call their rep who can check the A file. Infopass is a waste of time.

This happened to us and we had to redo the complete medical here in the US. We couldn't easily get a copy from the doctor in Brazil and the medical wasn't in our A file either.

Good Luck.

[Scott & LC 3]

If you can get another copy resent from the doctor who did the medical, try that.

Also, it can be faster to call your Senator, tell them your medical was lost and have them call their rep who can check the A file. Infopass is a waste of time.

This happened to us and we had to redo the complete medical here in the US. We couldn't easily get a copy from the doctor in Brazil and the medical wasn't in our A file either.

Good Luck.

Hi... May I know how much you spent redoing the complete medical exam?? Thank you.

[Elghazi2008 4]

Practically EVERYBODY got this RFE around the time we filed. I couldn't afford a medical either. We just resent the 3025 vaccination supplement with the page on the instructions where it says that K-1s who had a medical less than a year ago do not have to have a another medical or an I-693. I highlighted the page so they wouldn't miss it. Our case was transferred to CSC and we got our EAD and Green Card a few weeks later. Best of luck :-)

[Elghazi2008 4]

I suggest making an infopass appointment and asking them to check your A file where the medical should be. if it's not there then the embassy needs to contact your doctor in the UK to get another copy sent OR you need to do the medical.

The reason I say this is because someone did what the PP suggested and was denied her AOS and she is still fighting it. Here's her thread: http://www.visajourney.com/forums/index.php?showtopic=237821 which explains what she's done since to try and fix it.

The 3025 is the vaccination sheet. The 2053 is your MEDICAL. it means they've lost it or can't find it. It's in the "A" file which is the file that you handed in POE

The reasoning they gave for denying her was that she didn't submit her reply by the deadline. They did not deny her because she was incorrect. Gotta read these posts carefully sometimes... Though she said that she submitted her paperwork 'promptly', it is possible that she failed to notice the deadline on the RFE or even that her submission got lost in the mail and was never received. Mail that we ever sent to USCIS went by priority so that we could more or less keep an eye on whether our papers were ever received. Below, so you can see what I'm talking about, is what that woman wrote about her denial:

Here goes, let me explain this as succinctly as I can;

After submitting the green card application (I-485), I got an RFE a few months later stating "There is no record of a complete medical exam in your file. Please submit a properly completed form I-693".

I called the USCIS 1-800 number and explained to them that;

1. We didn't have to file an I-693 because;
   a - I entered the country on a fiancé visa
   b - The medical I took in my home country to gain the fiancé visa is less than a year old.
   
2. Within the original green card application, I submitted the receipt I received from my medical exam as proof I had a medical done less than one year before we applied for the green card.
   
3. I HAD to have a medical in order to receive a K-1 visa! It's MANDATORY!!!!!!!
   

I was then advised to send a letter to the USCIS explaining this which I promptly did INCLUDING attaching a copy of my medical receipt and vaccination form AND the relevant pages from the instructions on filling these forms in that stated I didn't have to submit an I-693.

I then received a letter today saying that I failed to submit the evidence required (the I-693) by the deadline stated and my application has been denied. It states there is no appeal allowed against this decision and my work

visa is terminated from the date of this letter.

../timeline/profile.php?cfl=&id=55829

[VanessaTony 3,567]

The reasoning they gave for denying her was that she didn't submit her reply <b>by the deadline</b>. They did not deny her because she was incorrect. Gotta read these posts carefully sometimes... Though she said that she submitted her paperwork 'promptly', it is possible that she failed to notice the deadline on the RFE or even that her submission got lost in the mail and was never received. Mail that we ever sent to USCIS went by priority so that we could more or less keep an eye on whether our papers were ever received. Below, so you can see what I'm talking about, is what that woman wrote about her denial:

Here goes, let me explain this as succinctly as I can;

After submitting the green card application (I-485), I got an RFE a few months later stating "There is no record of a complete medical exam in your file. Please submit a properly completed form I-693".

I called the USCIS 1-800 number and explained to them that;

<ol type='1'><li>We didn't have to file an I-693 because;

a - I entered the country on a fiancé visa

b - The medical I took in my home country to gain the fiancé visa is less than a year old.</li><li>Within the original green card application, I submitted the receipt I received from my medical exam as proof I had a medical done less than one year before we applied for the green card.</li><li>I HAD to have a medical in order to receive a K-1 visa! It's MANDATORY!!!!!!!</li></ol>

I was then advised to send a letter to the USCIS explaining this which I promptly did INCLUDING attaching a copy of my medical receipt and vaccination form AND the relevant pages from the instructions on filling these forms in that stated I didn't have to submit an I-693.

I then received a letter today saying that I <b>failed to submit the evidence required (the I-693) by the deadline stated</b> and my application has been denied. It states there is no appeal allowed against this decision and my work

visa is terminated from the date of this letter.<div align='center'><a href="http://../timeline/profile.php?cfl=&id=55829" target="_blank">../timeline/profile.php?cfl=&id=55829</a></div>

Yes... you obviously didn't understand what I wrote so I'll extrapolate on my point that you so eloquently proved for me. She did what the PP (previous poster) suggested and was denied. She was denied because she didn't send what was required, instead she sent WHAT THE PP SAID TO SEND and so it (the REQUESTED evidence, not her (and the PP's) interpretation of it) wasn't received by the deadline. Hence me saying DON'T do what the PP suggested because one girl was told to do that, and did it (rather that submit a new medical, find the old medical or make an infopass to talk about it) and was denied on the grounds she didn't submit the REQUESTED evidence by the deadline.

Granted, I didn't use the word "deadline" but the point was she sent what wasn't requested and subsequently was denied because what she send wasn't good enough and the deadline passed before they could re-RFE.

To quote you: "Gotta read these posts carefully sometimes..."

[slangofoil 50]

Yes... you obviously didn't understand what I wrote so I'll extrapolate on my point that you so eloquently proved for me. She did what the PP (previous poster) suggested and was denied. She was denied because she didn't send what was required, instead she sent WHAT THE PP SAID TO SEND and so it (the REQUESTED evidence, not her (and the PP's) interpretation of it) wasn't received by the deadline. Hence me saying DON'T do what the PP suggested because one girl was told to do that, and did it (rather that submit a new medical, find the old medical or make an infopass to talk about it) and was denied on the grounds she didn't submit the REQUESTED evidence by the deadline.

Granted, I didn't use the word "deadline" but the point was she sent what wasn't requested and subsequently was denied because what she send wasn't good enough and the deadline passed before they could re-RFE.

To quote you: "Gotta read these posts carefully sometimes..."

Actually, later on in the thread she clarifies that they were also RFE'd for an incomplete I-485. It was mentioned on the same RFE, but they failed to read and understand it properly. So we can't be sure whether her response regarding the medical/vaccination would have been denied or accepted, because she failed to return a complete I-485 within the required timeframe as well.