medical will expire before the AOS interview

[princesstammy 6]

Hi everyone, I wanna ask (1) if I still have to get a complete medical exam for my interview this month. My medical exam will expire 20 days before my AOS interview so im kinda worried if I still have to get another one. (2) what to expect during interview? i'm pretty nervous. please help me. thank you

[CowBoE 429]

Hi everyone, I wanna ask (1) if I still have to get a complete medical exam for my interview this month. My medical exam will expire 20 days before my AOS interview so im kinda worried if I still have to get another one. (2) what to expect during interview? i'm pretty nervous. please help me. thank you

I think that applies to pretty much most folks that's going through the K1 --> AOS processing.

My wife's medical was back in July/2014, and we received potential interview waiver letter

with forecast processing date of Sept/2015.

And I've not read about many AOS filers having to go through another medical,

and I've seen folks get AOS approved...with their medical that's definitely over 6 months,

and in many other cases, I have to believe that they are over 1 year.

So I'm not sure that there is any strict timeline on how recent your medical reports must be...

or how diligently they enforce the date check.

Anyone with clear understanding or comments on this?

[princesstammy 6]

yup, we need someone who had the same status like this but made it thru without any problems... What does Uscis projected AOS decision date mean, if u don't mind me asking?

Edited July 1, 2015 by princesstammy

[TBoneTX 45,273]

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- topic involves that phase. ***

[Hypnos 6,576]

If you know your medical is going to expire before your interview then it would be a good idea to have a new medical performed so you can hand the sealed envelope to the IO at your interview. Otherwise you will be RFE'd at the interview and it will delay your potential approved by a few days/weeks.

[princesstammy 6]

If you know your medical is going to expire before your interview then it would be a good idea to have a new medical performed so you can hand the sealed envelope to the IO at your interview. Otherwise you will be RFE'd at the interview and it will delay your potential approved by a few days/weeks.

im just wondering y i didnt get an RFE for a new medical. And in my form 3025, it says that"applicant may be eligible for blanket waivers because vaccinations not medically appropriate" does it mean that im waived?

[Ebunoluwa 6,136]

I was under the impression that as long as one files for AOS before the medical exam (1 year) expires, a new medical exam is not needed.

Does it depend on the timing that AOS is FILED, ADJUDICATED or the INTERVIEW ????

It's good for one year ...ok I get that, but up to when exactly ?

One can't prepare not knowing what is needed when.

[Hypnos 6,576]

The rules regarding medicals were recently changed (in the adjudicator's handbook). Medicals are now valid for one calendar year from the date they are completed, e.g. if you had a medical performed on 1st January 2014 then it will remain valid until 1st January 2015. If on 2nd January 2015 the adjudicator came to make a decision on your case and saw it was now over a year since your medical was performed, you'd be RFE'd for a new one. If instead he had adjudicated it on 31st December 2014 then you would be approved (or denied) without an RFE being issued, because the medical would still be valid.

Basically, the medical is only valid for a year, and that year is determined on the date of adjudication.

Edited July 2, 2015 by Hypnos

[Hank_ 9,174]

Hi everyone, I wanna ask (1) if I still have to get a complete medical exam for my interview this month. My medical exam will expire 20 days before my AOS interview so im kinda worried if I still have to get another one. (2) what to expect during interview? i'm pretty nervous. please help me. thank you

The medical in regards to AOS is valid for a year (read the I-485), if you are going to pass the one year when filing AOS you will need a new physical with a Civil Surgeon

[KayDeeCee 4,893]

I would not get a new medical unless instructed by the IO to get one. You may not need one, and you actually should not. Those adjusting from a K-1 are still not required to get one if their medical was less than a year old when you applied for AOS.

Here are the USCIS policies > http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

4. Validity ​Period ​of ​Form I-693​ ​(Including Use of Prior Versions)​

​Evidentiary Value​

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds.​ ^[20] In general, those applying for immigration benefits while in the United States must use ​Form I-693​ to show they are free from any conditions that would render them inadmissible. ​

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:​

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations​;​
​
•The medical examination report was properly completed​;​ ^[21] ​
​
•The medical examination report was submitted to USCIS less than one year after completion of the examination​;​ ^{[22] ​}
​
•The benefit application​ ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS​;​ ^[24] and​
​
•The medical examination report establishes that the applicant does not have a Class ​A​ medical condition and has complied with the vaccination requirements or is granted a waiver.​ ^[25]

In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render him or her inadmissible to the United States. In this case, the officer should follow standard operating procedures regarding issuance of an RFE or Notice of Intent to Deny (NOID) to address the deficiency. ​

Special rules may apply to certain foreign nationals who were examined overseas, including certain ​nonimmigrant ​fiancé(​e)s ​or spouses ​of U.S. citizens ​(​K visa​), ​spouses ​of​ lawful permanent residents​ (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full medical exam in the United States for purposes of adjustment of status.​^[26] ​

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

4. K or V Nonimmigrants Applying for Adjustment​ ^[26]

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:​

•The medical examination did not reveal a Class A medical condition; or ​
​
•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions.​ ^[27]

If a new medical examination is required and reveals a Class ​A​ medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application.​ ^{[28] ​}

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician. ​

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).​

[Hypnos 6,576]

Could have sworn the policy was revised to a maximum of one year but the policy manual does not seem to bear that out.

[princesstammy 6]

thank you sooo much guys for the quick answers. i truly appreciate it. visajourney has been always a big help.

[Ebunoluwa 6,136]

I would not get a new medical unless instructed by the IO to get one. You may not need one, and you actually should not. Those adjusting from a K-1 are still not required to get one if their medical was less than a year old when you applied for AOS.

Here are the USCIS policies > http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

4. Validity ​Period ​of ​Form I-693​ ​(Including Use of Prior Versions)​

​Evidentiary Value​

A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds.​ ^[20] In general, those applying for immigration benefits while in the United States must use ​Form I-693​ to show they are free from any conditions that would render them inadmissible. ​

An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:​

•The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations​;​

​

•The medical examination report was properly completed​;​ ^[21] ​

​

•The medical examination report was submitted to USCIS less than one year after completion of the examination​;​ ^{[22] ​}

​

•The benefit application​ ^[23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS​;​ ^[24] and​

​

•The medical examination report establishes that the applicant does not have a Class ​A​ medical condition and has complied with the vaccination requirements or is granted a waiver.​ ^[25]

In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render him or her inadmissible to the United States. In this case, the officer should follow standard operating procedures regarding issuance of an RFE or Notice of Intent to Deny (NOID) to address the deficiency. ​

Special rules may apply to certain foreign nationals who were examined overseas, including certain ​nonimmigrant ​fiancé(​e)s ​or spouses ​of U.S. citizens ​(​K visa​), ​spouses ​of​ lawful permanent residents​ (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full medical exam in the United States for purposes of adjustment of status.​^[26] ​

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

4. K or V Nonimmigrants Applying for Adjustment​ ^[26]

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:​

•The medical examination did not reveal a Class A medical condition; or ​

​

•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions.​ ^[27]

If a new medical examination is required and reveals a Class ​A​ medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application.​ ^{[28] ​}

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician. ​

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).​

Thank you KayDeeCee, so K visas are fine with a medical that has been submitted or filed within one year of the foreign medical exam.

[KayDeeCee 4,893]

Thank you KayDeeCee, so K visas are fine with a medical that has been submitted or filed within one year of the foreign medical exam.

They are supposed to be, but some have received an RFE in the mail or at the interview stating they have to see a civil surgeon for a new medical. I think not everyone clearly knows the policies for those adjusting from a K-1.

[Joui 6]

Just to revive this thread, what is the concesus on this? I had my medical last July 2014. Applied AOS Feb 2015 which is 7months after the medical. My aos interview will be in October 2015 which is more than a year after my medical. Do i still need to do another medical??? Thanks in advance.