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Filed: K-1 Visa Country: Philippines
Timeline

Hello, has anyone had experience with an AOS denied. We filed our AOS on July 07, and then recieved a notice in NOV07 saying they needed additional evidence because she had a class B medical condition, but did not tell us what the specific condition is. She was never told that after her medical exam in the Philipines. The only paper work they gave her was the Vaccination worksheet which said her immunizations were incomplete and she needed a tetnus shot. We called the USCIS national service center and asked for clarification, we were told just to submit the updated vaccination form and have the civil surgeon sign a new I-693 stating her shots were all complete. We did that. Then on Jan 11th we received notice her AOS was denied because we did not have a complete I-693 ...because she had a class B medical condition, it also said that she was told to see a physicain with in 30 days of arriving in the US....which she was never told. We are unsure whether to file a new AOS or try to re-open the denied one. We are in the process of getting a full exam by a civil surgeon....we have 30 days if we are to file to reopen. Our concern is that is we file to re-open they will deny it and start proceedings for deportation, and won't be able to file a new AOS. In the denila letter it says we can open future cases without prejuduce....but if we we file to re-open and it is denied will we still have the option to file a new AOS????

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Are you certain the denial was due to Class "B"?

Based on what I've read, that is due to being infected with tuberculosis - Class "A" could be for (among other things) not documenting a vaccine.

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Filed: K-1 Visa Country: United Kingdom
Timeline
I would seek the counsel of an experienced immigration attorney.

Agreed! And please keep this thread updated!

Wishing you all the best.


07/16/07 posted I-129f

07/20/07 confirmed delivered by US Postal Service

8/23/07 No NOA1 !!!!

8/23/07 phoned USCIS (told they can't help until after 90 days)

8/23/07 contacted bank to get copy of Cx check...illegable...noc WAC#

tried for weeks to get actual check....not possible, had to wait the 90 days for info from USCIS

10/17/07 Phoned USCIS, got thru (!), got WAC number and NOA1 date!!!!

07/26/07 NOA1 (never recieved hard copy, was promised a copy would be sent)

11/01/07 Ordered copy of "long form" UK B.C.

11/05/07 Recieved B.C. (Wish USCIS was that fast!)

11/09/07 Submitted request for UK police records

12/04/07 APPROVED By USCIS NOA2 letter sent (or so they claim)

12/15/07 Police certificate recieved

12/28/07 Called NVC, not in system

01/04/08 petition forwarded to London

01/12/08 packet 3 received *rubs eye in disbelief* Speed and efficiency, can it be?

01/18/08 HARD COPY OF NOA2 ARRIVED...seems the snail made a wrong turn somewhere.

01/28/08 Returned packet 3 to London Embassy

02/12/08 Medical completed...no problem.

02/13/08 Packet 4 received from London Embassy

03/03/08 Embassy Interview

03/06/08 Visa Arrived....Lovely to finally see it even if it is a bit drab...after 8 month you think they'd have sprung for some gold foil or at least a COLOR photo?

TODAY...he's here! He's in the US! Hurrah!

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Filed: K-1 Visa Country: Philippines
Timeline
Are you certain the denial was due to Class "B"?

Based on what I've read, that is due to being infected with tuberculosis - Class "A" could be for (among other things) not documenting a vaccine.

The notice said she had a "class B" medical condition......

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Filed: Timeline

I had Vaccination sheet problem bcs i didnt send them new form ,only embassy form(for second time).and they denied my application.i hired attorney in orderto "motion to reopen"but they denied motion too.and i filed everything from the first.

Now its up to u.in my opinion re-filing is faster and has money profit as well.

Edited by pamela67

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Filed: K-1 Visa Country: Philippines
Timeline
I had Vaccination sheet problem bcs i didnt send them new form ,only embassy form(for second time).and they denied my application.i hired attorney in orderto "motion to reopen"but they denied motion too.and i filed everything from the first.

Now its up to u.in my opinion re-filing is faster and has money profit as well.

Did you re-apply for AOS ????? Her Emploment autherization was termination also...do we have to file for a new EAD also???? Thank you

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Filed: Country: Jamaica
Timeline

If it says class B and the thought is it might be TB, I would have her tested for TB when she sees the doctor.


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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Filed: Other Timeline

From the Centers for Disease Control - this link:

http://www.cdc.gov/Ncidod/dq/refugee/faq/faq.htm

Class B conditions include:

- inactive or noninfectious tuberculosis

- treated syphilis

- other sexually transmitted diseases

- pregnancy

- treated, tuberculoid, borderline or paucibacillary Hansen’s disease

- sustained, full remission of abuse of specific substances* and/or any physical or mental disorder (excluding addiction or abuse of specific substances but including other substance-related disorders) without harmful behavior or history of such behavior considered unlikely to recur (*amphetamines, cannabis, cocaine, hallucinogens, inhalants, opioids, phencyclidines, sedative-hypnotics and anxiolytics).

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Filed: Timeline

yes i re-applied for AOS ,and everything from the first.make sure ur problem(class B) is not a ban for ur approval again.unfortunetally,EAD is 1-485(AOS) related,and you can not renew it ,bcs ur AOS is denied,but u can reapply for EAD along with reapplying for AOS.

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Filed: AOS (apr) Country: New Zealand
Timeline

My first thought is too find out from your own GP, what is the problem. Explain to him the procedures that you have gone through (medically) for the AOS. Then go to a CS and from the looks of it redo the complete I693. Taking with you all previous documentation and the findings of your own GP. If this condition requires future medical treatment better to have someone you trust.

At this stage I would be more concerned about your wifes health rather than the AOS. I dont mean that to sound harsh but to do this in steps. After you have all the facts then decide whether to re-open or submit a new application. Yes you will have to refile for EAD and AP.


I 130 & I129F (K3) and AOS info in timeline

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Filed: Other Timeline

Why can't the health issues and immigration issues be dealt with at the same time?

My suggestion would be to find a doctor who is also a Civil Surgeon. Use the Civil Surgeon locater on uscis.gov.

At the same time, seek competent immigration counsel.

There really isn't a lot of time to waste here. There is a deadline on motions to reopen (I believe it is 30 days).

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Filed: K-1 Visa Country: Philippines
Timeline
Why can't the health issues and immigration issues be dealt with at the same time?

My suggestion would be to find a doctor who is also a Civil Surgeon. Use the Civil Surgeon locater on uscis.gov.

At the same time, seek competent immigration counsel.

There really isn't a lot of time to waste here. There is a deadline on motions to reopen (I believe it is 30 days).

Yes we have done both...we are currently getting a new physical done and have retained a lawyer...just want to know if others have had similar situations....what happens if we don't adjust status....does her K-1 visa run out or????

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Her K1 visa 'ran out' the moment she used it at POE. Her status was then derived off the I 94, and once it expired, off her pending AOS case.

That's why you need to get this handled.


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Filed: AOS (apr) Country: Philippines
Timeline
Yes we have done both...we are currently getting a new physical done and have retained a lawyer...just want to know if others have had similar situations....what happens if we don't adjust status....does her K-1 visa run out or????

Her K-1 status expires with the I-94 (90 days after entry).


YMMV

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