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cbreeze67

1 year after sending in Package...

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We sent in our I-485 last August. Did the Biometrics, got I-765 approved and in December of 2014, we received a letter from USCIS stating that it would be June of 2015 before they would be able to process our I-485. Friday, I got a letter from USCIS stating that we needed to supply further proof in the form of another I-693. We had submitted our I-693 with the I-485 but apparently (Starting 07/27/15, USCIS will only accept the 3/30/15 edition. USCIS will not accept the 01/15/13 or 10/11/11 editions on or after 07/26/15). So do we need to redo the medical exams too?

Thank You In-Advance!

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~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS process, past K1~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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ya, sorry, there's been other posts within the last 7 days here covering yer exact topic, exact situation.

IMO, USCIS sucks. The timetick should have been frozen no later than the day USCIS received the 'do not open' visa packet from the CBP goons, but that's not happening. Slacktards !


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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So it's not about the time frame of the 1 year validity of the medical but about expired I-693 forms ? Am I understanding this correctly ?


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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The RFE only mentioned the I-693. I thought that the medical would be valid as long as the I-485 was filed with 1 year of the medical exam? Its not cheap to redo the medical. I have 4 stepsons that came over. So we're talking about another $1200+. Also, one of my stepsons was diagnosed with Acute Lymphoblastic Luekemia 4 months after he arrived so the medical expenses to treat his cancer are already quite rough on the family budget.

Edited by cbreeze67

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This is directly from the I-693 instruction form. So, I think I just need to revalidate the vaccination records.

  1. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

    If you were admitted as a:

    1. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or

    2. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

    3. You received a medical examination prior to admission, then:

(1) You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination, and:

(a) The panel physician did not find a class A medical condition during your overseas examination; or (b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility,

and you have complied with the terms and conditions of the waiver.

Form I-693 Instructions 03/30/15 N Page 6 of 11

(2) 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.

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You mentioned that you supplied an I-693. Did you go to a civil surgeon and get an I-693 before filing? If you did, then everything is based off that I-693, and not your K-1 medical exam. The I-693 is only valid for a year, even if it expires because the USCIS took too long to process your case.

If you only had the vaccinations transcribed onto an I-693 by a civil surgeon before filing, then you could try getting the vaccinations transcribed again onto the latest form version, and send in a copy of the policies for a K-1 stating you do not need a new medical exam > http://www.visajourney.com/forums/topic/555299-medical-will-expire-before-the-aos-interview/?p=7703568


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I am really confused because OP is talking about the form edition date expired not the medical ? I mean the form edition used by the CS after it

expired ? I am really trying to understand this and am just baffled. I did have my morning coffee.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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I am really confused because OP is talking about the form edition date expired not the medical ? I mean the form edition used by the CS after it

expired ? I am really trying to understand this and am just baffled. I did have my morning coffee.

I noticed that too. Perhaps something that was noted in the RFE. If they are going to send an RFE to everyone that filed before the new form edition came out, then that is just insanity, or the USCIS.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I can only tell you what is says here http://www.uscis.gov/i-693

Edition Date

03/30/15. (Starting 07/27/15, USCIS will only accept the 3/30/15 edition. USCIS will not accept the 01/15/13 or 10/11/11 editions on or after 07/26/15). My RFE was dated 8/1/15.

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This is why I got the RFE. http://www.uscis.gov/policymanual/Updates/20140530-I-693Validity.pdf# So based on this, the I-693 is now only valid for 1 year after submission. Looks like we may have to get the medical exam done again.

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Please look on YOUR copy of the I-693. Look at the DATE THE DOCTOR SIGNED THE FORM. If that date is more than 365 days old, then you MUST have a new medical exam.

If the date the Doctor signed the form is LESS than one year, then you should be OK.

My understanding is that any form signed by the Docgtor AFTER 7-27-2015 must be done on the new form.

Another issue could be your stepson. IF USCIS knows about his current medical condition or his exam was noted not to be normal, USCIS could be wanting an update for that reason.

Hope the info helps.

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It's definitely been more than a year since the original medical examination. The confusing part is the language in the instructions of the I-693. There are special conditions that apply to K visa applicants that do NOT require a new medical examination as long as the application was filed within 1 year of the medical exam. I can understand the CDC wanting to no longer extend the validity of the medical exam for applicants that are still outside the United States but my wife and stepchildren have been here in the United States for 16 months. I do not think its my stepson's cancer. Cancer is not a communicable disease.

"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] "

Edited by cbreeze67

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It isn't the cancer. They do not know about it, unless you have told them. This is something getting common around here. Some adjudicators are asking for a new medical if it is older than a year, even those adjusting from a K-1. I have seen some adjudicators get it right and ask K-1 adjusters for a new I-693 with just the vaccinations, but those are rare in comparison.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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