RFE for I-693 not completed in full (AOS from K1) - Please Advise!

[CG&LGG 27]

Last week we received an email/text that we received a RFE for additional evidence. The letter came today and it says "the medical examination (I-693) you submitted was not completed in full by the civil surgeon."

I double and triple checked everything before we sent it off. We sent the sealed I-693 with our application because Dr. Dennis in Bogota, Colombia refused to complete our DS3025 for us, saying it was not required. (sidenote: do NOT see Dr. Dennis) Anyways, I read all the directions on VJ and the instructions on the I-693 and it clearly states "Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the Part 7. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 4., and 7. of Form I-693."

So is USCIS confused by their own instructions? Of course the I-693 as incomplete parts, because we only have to have parts 1, 2, 4, and 7 complete.

We can go back to the civil surgeon and get it filled out again, but should I send a copy of the I-693 instructions with that part highlighted with the RFE reply? I hope we didn't get this RFE all because the officer didn't realize this!

Edited April 7, 2016 by CG&LGG

[Pitaya 2,576]

Sorry, a bit confused......You submitted a Form DS-3025, or a Form I-693 completed by a Dr. Dennis (an embassy/consulate-authorized panel physician) in Colombia? Or did you send in a Form I-693 completed by a US-based civil surgeon?

Have you reviewed the excellent pinned thread at the top of this AOS forum: http://www.visajourney.com/forums/topic/551080-immunizations-ds-3025-or-i-693/ ?

Adjudicators can get it confused, and sometimes satisfying the requirements can be daunting.

Good luck on your immigration journey.

Edited April 7, 2016 by Pitaya

[CG&LGG 27]

Sorry for the confusion. Dr Dennis refused to complete the DS3025 for us during the medical. He said we wouldn't need it. Anyways, I knew he was wrong and I tried fighting with him.

So when we got to the USA, we went to see the civil surgeon and had the I-693 done. So when we submitted the documents for AOS it was with the I-693.

Before we did anything, I read so much on VJ, including that post you referenced. This is how I knew we would need to have the I-693 completed. Parts 1, 2, 4, and 7. Yet USCIS is now saying we sent an incomplete I-693. Well duh we did, we only had to have those 4 parts completed.

Edited April 7, 2016 by CG&LGG

[Harpa Timsah 13,258]

Did you also send the incomplete form from Dr. Dennis?

[CG&LGG 27]

I'm assuming the incomplete DS3025 was in the sealed packet my husband gave at POE in Orlando.

That's why we sent the I-693, because Dr. Dennis said to our face that he was not completing the DS3025 because it was not required.

[KayDeeCee 4,892]

The new medical is not supposed to be required for a K-1 applicant, but some adjudicators do not seem to know their own USCIS policies. Unfortunately, you will need to complete what they ask for to satisfy the RFE and get your green card.

Edited April 7, 2016 by KayDeeCee

[CG&LGG 27]

And that't the thing. The RFE letter is not very specific. All it says is that the civil surgeon did not complete the I-693 in full. So if we just have them transcribe the vaccination records, they will deny that?

Even if I include the instruction sheet for the I-693 in the stuff I send back? <--- this is what I want to do. But I am so scared they will deny my husbands green card.

My position at work is being eliminated and my last day is in 3 weeks. I don't have the finances to pay for an entire medical exam again! The civil surgeon will transcribe the vaccinations for $20. But the medical will be upwards of $300.

[KayDeeCee 4,892]

You can try and send in a new I-693, with just the vaccinations transcribed and parts filled out by the civil surgeon that are stated in the instructions for a K-1. I would provide a copy of the I-693 instructions, and a copy of the policy for K-1 adjudicators found in the link I posted above. They will either accept, send another RFE or deny.

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).​

[CG&LGG 27]

Okay now I am freaking out. So there is a risk of him being denied? If he is denied does that mean he is deported?

I can't risk them denying him. But I am so confused. The fact that in the instructions it says the I693 only needs to have parts 1, 2, 4, and 7 completed.

So now our possible decisions are: have a civil surgeon transcribe the vaccinations and risk denial OR pay to have a new medical exam done?

[KayDeeCee 4,892]

Yes, it is unfortunate, but those are the 2 choices you have now.

He will not be deported if denied. You would need to refile, and that will cost you more than a medical exam.

[CG&LGG 27]

This is absolutely ridiculous! and sorry for so many questions, but now, if we were to send the 693 again and they denied it, what would he "refile" as? He entered on his K1 on October 30, 2015. That's well over 90 days in the past. Also, he has already received EAD, so what would it do to that?

[CG&LGG 27]

I think tomorrow I will call all the USCIS designated civil surgeons near us and see the price of the full medical.

Him being denied and losing EAD when he is going to start working at the end of the month is not a risk I am willing to take.

Advice I will give anyone in Bogota, Colombia: DO NOT SEE DOCTOR DENNIS!!! HE WILL MESS EVERYTHING UP!

[CG&LGG 27]

We got the new I-693 sent off yesterday. A lovely and unnecessary $291 expense, all thanks to Dr. Dennis.

Question, if we filed for AOS in November and got the RFE now, does that mean they are actually adjudicating our application? If so, upon receiving the evidence we sent, how long does it typically take to resume our case? Do you think this could mean that when they receive it, they could approve our case?

[francais_usa 74]

We got the new I-693 sent off yesterday. A lovely and unnecessary $291 expense, all thanks to Dr. Dennis.

Question, if we filed for AOS in November and got the RFE now, does that mean they are actually adjudicating our application? If so, upon receiving the evidence we sent, how long does it typically take to resume our case? Do you think this could mean that when they receive it, they could approve our case?

It really depends on your local office. If you got an RFE, it does mean they are looking through your application, so that's good news! Once received, I've seen people get green card approvals in 2-3 weeks, but I don't think that's the norm. I've also heard of people sending in RFE's and then getting another one in response to something completely unrelated. USCIS works in mysterious ways. Good luck on your immigration journey!

Edited April 13, 2016 by francais_usa

[CG&LGG 27]

Thank you for your reply! I'm hoping its the only one we get. Unavoidable since the embassy approved doctor in Colombia messed it up. It should be delivered to the LA office today. So hopefully they start back processing soon.

What is weird is on the RFE it had us send the RFE reply to: USCIS, Attn: AOS Unit, Los Angeles, California. And our local office is Tampa, Florida. Does this mean we were transferred to California? In that case I wonder if we will even have an interview?