RFE for I693, but I adjusted from a K1

[ArianneChris 6]

Hi all. I was wondering if anyone has encountered a similar RFE?

I am adjusting from a K1, my timeline is pasted below. I got an RFE on Sept 22, 2014 asking for I-693. The RFE box checklist was checked for "Form I-693, Medical Examination. A USCIS Civil Surgeon must complete the medical examination and immunization supplement. These original documents must be returned to USCIS in an envelope sealed by the civil surgeon's office. USCIS notes you submitted a copy of your Vaccination Documentation Worksheet; however, USCIS does not have evidence you completed your Medical Examination for Immigrant, and the Vaccination Documentation Worksheet you provided was not sealed by the civil surgeon".

I thought that this I-693 was supposed to be in the sealed brown envelope that I handed to the Immigration line at POE? I had no access to this document as it was in the sealed brown envelope. I only had a copy of the DS-3025 which I included in my AOS packet.

I received this letter from the Columbus Field Office. Is it an overflow office, and perhaps they are inexperienced with K1 adjustment AOS?

Thank you

Timeline:

K1 Visa Event Date Service Center : Vermont Service Center Transferred? Texas Service Center Consulate : Auckland, New Zealand I-129F Sent : 2013-03-08 I-129F NOA1 : 2013-03-12 I-129F RFE(s) : transferred July 10 RFE Reply(s) : I-129F NOA2 : 2013-07-23 NVC Received : 2013-08-22 Date Case #, IIN, and BIN assigned : NVC Left : 2013-08-26 Consulate Received : 2013-08-28 Packet 3 Received : 2013-09-07 Packet 3 Sent : 2013-09-09 Packet 4 Received : 2013-09-11 Interview Date : 2013-09-19 Interview Result : Approved Second Interview
(If Required): Second Interview Result: Visa Received :

2013-09-26

Adjustment of Status Event Date CIS Office : Jacksonville FL Date Filed : 2014-01-14 NOA Date : 2014-01-21 RFE(s) : Bio. Appt. : 2014-02-20

[ArianneChris 6]

It states on http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf

What if I am a K nonimmigrant visa holder and already had a medical exam overseas?

If you were admitted as a:
A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or as a
B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and
C. You received a medical examination prior to admission, then:
1. You are not required to have another medical examination as long as your Form I-485, Application to Register Permanent Residence or Adjust Status, is filed within one year of your overseas medical examination, and the medical examination did not reveal a Class A medical condition, or if you did have a Class A medical condition, you received a waiver of inadmissibility and have complied with the terms and conditions on the waiver.

What should I send with my RFE reply? Would re-sending my K1 NOA2, copy of K1 visa in passport, copy of POE date stamp in passport and a copy of the above document be sufficient?

Any help would be greatly appreciated. This has been such a long process, and I hate the thought of needing to spend more money and time on getting a new I-693 when I shouldn't need one

[ToddB 10]

You are correct about the envelope from your medical. All you would have had was a DS3025 sealed inside. If you submitted a copy of your DS3025 with your AOS, and they're still requesting a I-693 then you have one of those over achieving immigration officers working your case.

A lot of times people can get by, and they're case approved simply with the DS3025. But, keep in mind that you probably have to have every shot required recorded on that form. If you are lacking anything (like some people can't get HPV in their country) then any shots you got after entering the US or have yet to get, must be recorded by a Civil Surgeon on an I-693 along with the whole record of shots recorded on you DS-3025. To see if you had everything.... http://www.visajourney.com/content/uscis-vaccination-requirements

Also instructions state: I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form

With all this being said. If you got a RFE...probably no choice but to seek a civil surgeon, and complete a I-693

[ArianneChris 6]

Thank you for your reply.

Will it really not be sufficient to reply to the RFE with the reasoning behind not needing a I-693? I am thinking that since the Columbus Field Office does not usually process AOS applications, they might have missed it. I believe I do have every shot required, even the HPV (all 3 shots), but those were removed from the requirements I believe and thus do not show on my DS3025 (see attachment).

My plan is to send these as a reply:

1) Cover letter addressing the reasoning behind not needing the I-693 with reference to the other included documents

2) copy of Instructions for I-485 with highlighted Page 4, 7 c http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

3) copy of Instructions for I-693 with highlighted Page 5, 3 a http://www.uscis.gov/sites/default/files/files/form/i-693instr.pdf

4) copy of my K1 visa in passport

5) copy of my entry stamp in passport

6) copy of Change of Address letter from USCIS (They actually sent my RFE to my old mailing address, even though I received the change of address confirmation from USCIS on May 14, 2014. My spouse also filed for a separate change of address and received a confirmation letter).

[Hypnos 6,576]

You can try that, but bear in mind that you usually only get one bite of the apple with an RFE; if you fail to respond to the RCE with the requested documents (or don't respond at all) then it's usually an automatic denial.

Edited September 30, 2014 by Hypnos

[Stevephoto 224]

The form you posted sure looks complete, but as Hypnos said, it does not seem worth the risk. I agree that you don't need the I-693, but I don't hold the fate of your AOS in my hands. The time, effort and money to satisfy your case worker is worth it to get on with your life. Good luck.

[ArianneChris 6]

Thanks for the input. I truly appreciate it. Upon researching similar cases here in VJ and given how far I would drive for an INFOPASS I will most likely just spend the $500 or however much it is on a new I-693. Still terribly upset with this incompetence that I paid thousands of dollars for... oh well

Edited September 30, 2014 by ArianneChris

[bunnygirl 86]

Thanks for the input. I truly appreciate it. Upon researching similar cases here in VJ and given how far I would drive for an INFOPASS I will most likely just spend the $500 or however much it is on a new I-693. Still terribly upset with this incompetence that I paid thousands of dollars for... oh well

Where did you get $500 from?!

Even if the civil surgeon insists on a full medical, that should only set you back c. $200 - find one that actually knows what an I693 is and you're looking at $50-100 - there's a thread on here somewhere that lists helpful civil surgeons in your area...

[ArianneChris 6]

Where did you get $500 from?!

Even if the civil surgeon insists on a full medical, that should only set you back c. $200 - find one that actually knows what an I693 is and you're looking at $50-100 - there's a thread on here somewhere that lists helpful civil surgeons in your area...

• 32504 - Pensacola, FL
  • Dr. Richard W Lucey

    710 Underwood Avenue, Pensacola, FL 32504

    (850) 477-3453

• 32505 - Pensacola, FL
  • Dr. Minh Cong Pham

    2812 West Cervantes Street, Pensacola, FL 32505

    (850) 429-0474

There are two civil surgeons who are within driving range (75 minutes):

Dr Pham quoted me "at the most $500" and said he couldn't tell me exactly how much it would be until the medical as it is different person to person

I only got hold of Dr Lucey's secretary and she said the generic "I can't tell you how much it would be" response as well.

I'll look for that thread. Even $200 sounds reasonable compared to the $500 quote... I feel like my green card is taken hostage and all I can do is pay the ransom

Edited September 30, 2014 by ArianneChris

[Darnell 8,478]

Hi all. I was wondering if anyone has encountered a similar RFE?

I am adjusting from a K1, my timeline is pasted below. I got an RFE on Sept 22, 2014 asking for I-693. The RFE box checklist was checked for "Form I-693, Medical Examination. A USCIS Civil Surgeon must complete the medical examination and immunization supplement. These original documents must be returned to USCIS in an envelope sealed by the civil surgeon's office. [snip]

I suggest to you that this local office:

1. is using other rules for adjudication, not the ones covering AOS from a K-1 visa and

2. doesn't have the A-File in front of them.

How local is local, to you, this office? If within an hour's drive - I suggest that you prep a packet for drop off -

and

get into the local office, telling the guard you have something to put in the drop-box - no infopass appointment needed...

in the packet - cover /write about:

K-1 visa holder

Medical already done

A-File probably not in your office

Adjudicator not have medical results in hand if he/she does have the A-File - please request them

and then address this to the AOS Supervisor on the outside of the envelope, including a postcard with a stamp on it, your address, asking the supervisor to send you a quickie note on receipt of your dropped-off file.

This would NOT be a RFE response, fwiw - but a check-in, of sorts, asking the AOS Supervisor to review the casefile and put their hands on the medical file.

Edited September 30, 2014 by Darnell

[KayDeeCee 4,891]

A lot of times people can get by, and they're case approved simply with the DS3025. But, keep in mind that you probably have to have every shot required recorded on that form. If you are lacking anything (like some people can't get HPV in their country) then any shots you got after entering the US or have yet to get, must be recorded by a Civil Surgeon on an I-693 along with the whole record of shots recorded on you DS-3025. To see if you had everything.... http://www.visajourney.com/content/uscis-vaccination-requirements

HPV is not required.

OP> Sometimes they lose your medical documents(or rather have them separated from your other paperwork), which is why Darnell is telling you inquire about your A-file.

Unfortunately, most people that have had this problem have had to bite the bullet and get the full medical again by a civil surgeon.