Hello all - first off, thanks to the helpful folks on this site, we've had a very smooth immigration process (up to this point). VJ is awesome.
Unfortunately, we now have a problem, and I'm not sure how to approach it. Here's our backstory so far:
- My then-fiancé applied for a K1 visa back in 2012. He had his medical exam in March of 2013 (slightly more than a year ago), and everything went fine.
- He was approved for the visa, moved down here, and we got married within the 90 day window.
- We submitted our AoS application packet in late August 2013. He got his EAD in the mail a few months later, and we hadn't heard anything until now...
About a week ago, we got an RFE. It is two pages long, and extremely wordy - the first page seems more like a cookie-cutter form, with various check-boxes, and the second page quotes some immigration laws and then has some information at the end.
This is the most pertinent information on the first page:
"Please submit ALL of the document(s)/item(s) indicated with a check mark below:" and then these two are checked:
"-- a signed Vaccination Certificate (see attached for more information)"
"-- Other: Note: Please submit your vaccination record only. Please find attached form I-693. Please be acknowledged that your vaccine history was incomplete at the time that your K1 visa was issued."
And then the part of the second page that tells us what the problem is (sort of):
"You have not provided documentation from a Designated Civil Surgeon that these Vaccination Requirements have been fulfilled." Then it talks about the different types of waivers you can get (not medically appropriate, religious/moral reasons, etc.).
"You have also failed to establish that you are eligible for any of these waivers. Failure to provide EITHER the complete vaccination supplement OR evidence that you qualify for one of the waivers outlined above before the "due date" indicated on the attached I-72 will result in a denial of your application."
When we initially submitted the AoS application, we did not get the vaccination data transcribed by a civil surgeon. We sent a copy of his DS-3025 instead, because we thought it should have been good enough, according to what we've read on here. The only shot he needed at the medical was a Tdap booster, which he got, and the date of the shot was noted on the form (there was also an "insufficient time interval" box checked for the Tdap). Everything else was proven positive with blood titres, and that information and the date of the blood tests was also noted on the form. At the bottom, two boxes were checked: "Vaccine History Incomplete," and "Applicant may be eligible for blanket waiver(s) because vaccination(s) not medically appropriate."
My questions are:
1. The RFE is obviously asking for the vaccine supplement, which is fine. We can have it transcribed. But I'm concerned about the line that his "vaccine history was incomplete." Why would they say that? I can't think of any reason why it wouldn't be complete, and I'm afraid the civil surgeon will just fill out the I-693 in the same way (based on the DS-3025), and it won't be good enough.
2. It's now been over a year since the original medical was done. If we do a vaccine supplement now, and it's dated more than a year after the original medical, will that be a problem? The RFE didn't mention any of this, and was technically sent out before the one-year mark passed.