What should I do? RFE

[midicat 0]

Ok... So i wrote on here a while back stating that we got an RFE for our medical exam... which we had sent to them, but in the hussle and bussle of moving and such we lost that rfe. Finally after about 2 months of fighting with the idiots at the customer service line, we got a new rfe.

this RFE states...

A review of the record indicates that you entered the United States pursuant to a valid k-1/k-2 nonimmigrant visa. All USCIS records relating to you have been reviewed. The record shows that over 12 months of tiem have transpired since you were medically examined in conjunction with your k-1/k-2 entry.

I'm a bit confused by this, as the medical exam was May 10, 2007... he entered the US dec 5, 2007. They got the AOS 4/14/08, NOA date 4/25/08. Only 11 months, not 12? What should I do? Calling them obviously doesn't help. I don't want to send a letter stating that they are obviously stupid because the people who approved the EAD noticed that it was compliant. I obviously don't want to get denied over something so trivial.

[Cassie 8]

Their problem is not with the timing of the entry, but the timing of the medical, which is now 18+ months old. You go get a new medical, which is what they want.

Edited November 19, 2008 by Cassie

[midicat 0]

Yes... but it should go by the date on which you submitted the AOS and they received it in their offices, from what i've read on here before.

[Chica Yeyé 41]

Nope. It goes with the time the medical was performed.

[*JG* 2]

I agree. Sorry. It does have to do with the date on the medical exam itself.

[midicat 0]

no.. I meant the 12 months... Doesn't it go from the date you actually HAD the medical exam preformed... to when they actually receive the AOS it in THEIR office for the 12 months. It was only 11 months from the medical to when they received the AOS on their office. I thought it went by those dates... not by the current processing times because that would totally be unfair to a LOT of people since i've seen cases be at USCIS for AOS over 2 years before, people would have to be constantly getting medical exams done over and over again. What a huge waste of money.

[Chica Yeyé 41]

It is an it svcks. Sorry

[Cassie 8]

no.. I meant the 12 months... Doesn't it go from the date you actually HAD the medical exam preformed... to when they actually receive the AOS it in THEIR office for the 12 months. It was only 11 months from the medical to when they received the AOS on their office. I thought it went by those dates... not by the current processing times because that would totally be unfair to a LOT of people since i've seen cases be at USCIS for AOS over 2 years before, people would have to be constantly getting medical exams done over and over again. What a huge waste of money.

In theory it's supposed to be that if your medical was still valid when you submitted your AOS, they can't say too much about it and accept it. The problem is, his medical was on the verge of being invalid when you submitted it -- you were 6 days away from it being 12 months old -- and now it's way out of date. A lot can happen medically in 18 months, and it's their perogative to ask for an updated one. It sucks, but it has to be done, sorry

[midicat 0]

Actually if you want to get technical it was 13 days. But they received the case on April 15th... which was almost a month, so how is that my fault that it took them an extra 10 days to send out the NOA? Also the people who had the EAD approved it with that medical.. so obviously it was fine. From what i've heard on here, no one has been stuck in this weird limbo of already having the EAD approved but not the AOS. As if we didn't have enough troubles with the consulate losing his police report for the K-1 interview and having to wait to get another. Anyhoo, I think i'll take my chances with a congressman before I go getting a new medical that will cost hundreds. They all complain about the illegal immigrants but now I really understand why. I'm still happy that we took the right route, but all this red tape is just ridiculous.

Edited November 19, 2008 by midicat

[pushbrk 12,243]

Actually if you want to get technical it was 13 days. But they received the case on April 15th... which was almost a month, so how is that my fault that it took them an extra 10 days to send out the NOA? Also the people who had the EAD approved it with that medical.. so obviously it was fine. From what i've heard on here, no one has been stuck in this weird limbo of already having the EAD approved but not the AOS. As if we didn't have enough troubles with the consulate losing his police report for the K-1 interview and having to wait to get another. Anyhoo, I think i'll take my chances with a congressman before I go getting a new medical that will cost hundreds. They all complain about the illegal immigrants but now I really understand why. I'm still happy that we took the right route, but all this red tape is just ridiculous.

We also filed AOS about 10 days short of a year since the medical was performed and there was no problem. Technically you're in the right but your choice is to delay the process while you fight and eventually win or lose...or...just give them what they want and get on with your life.

[link09 0]

Actually if you want to get technical it was 13 days. But they received the case on April 15th... which was almost a month, so how is that my fault that it took them an extra 10 days to send out the NOA? Also the people who had the EAD approved it with that medical.. so obviously it was fine. From what i've heard on here, no one has been stuck in this weird limbo of already having the EAD approved but not the AOS. As if we didn't have enough troubles with the consulate losing his police report for the K-1 interview and having to wait to get another. Anyhoo, I think i'll take my chances with a congressman before I go getting a new medical that will cost hundreds. They all complain about the illegal immigrants but now I really understand why. I'm still happy that we took the right route, but all this red tape is just ridiculous.

We also filed AOS about 10 days short of a year since the medical was performed and there was no problem. Technically you're in the right but your choice is to delay the process while you fight and eventually win or lose...or...just give them what they want and get on with your life.

I def. agree with pushbrk... whatever they requested in the RFE, you'll be better off if you quickly submit the support. Your case processing won't be delayed that way. I know this from my personal experience. Good luck, and hang in there!

[Cassie 8]

Actually if you want to get technical it was 13 days. But they received the case on April 15th... which was almost a month, so how is that my fault that it took them an extra 10 days to send out the NOA? Also the people who had the EAD approved it with that medical.. so obviously it was fine. From what i've heard on here, no one has been stuck in this weird limbo of already having the EAD approved but not the AOS. As if we didn't have enough troubles with the consulate losing his police report for the K-1 interview and having to wait to get another. Anyhoo, I think i'll take my chances with a congressman before I go getting a new medical that will cost hundreds. They all complain about the illegal immigrants but now I really understand why. I'm still happy that we took the right route, but all this red tape is just ridiculous.

1. Erm, I had my EAD in hand for 5 months before getting my AOS interview. That's the way it is supposed to happen, because the EAD becomes null and void when the AOS is approved--it allows you to work while waiting for the GC. And the medical is not tied to the EAD at all, it's tied only to the AOS.

2. A congressman is not going to be able to help you, but you are more than welcome to try. I'd just get the medical done and over with, but that's just me. You will have decide if this is a battle you want to fight.

Edited November 19, 2008 by Cassie

[midicat 0]

Sorry.. I meant, getting an RFE after the EAD was already approved. I wrote about it on here a while ago and had a few people say that was a new one, normally after your EAD is approved you should have no issues.

[stephandmuz 0]

Sorry.. I meant, getting an RFE after the EAD was already approved. I wrote about it on here a while ago and had a few people say that was a new one, normally after your EAD is approved you should have no issues.

It does not matter that you received an RFE after the EAD was approved. As cassie said, the medical has absolutely nothing to do with the EAD. The medical only applies to the AOS. The EAD and AOS are two entirely seperate entities. You said that you had posted a while back regarding the medical issue and VJ'members responded in a way that would imply that as long as you submitted your AOS and it was received before your medical expired, it was ok? This was false information.

The medical is only valid for one year. My husband submitted his AOS in July 08. He had his medical on january 23rd 08. We are hoping like anything that his AOS/Green card will be issued before January 23rd 09. If not, we will bite the bullet and get a new medical.

Trust me I understand your frustration. The immigration process is hell isn't it? Financially for us as well. So go bite the bullet and get that medical done. Don't hold up this terrible process any longer than you have to.

Kindest Regards

[Cassie 8]

Sorry.. I meant, getting an RFE after the EAD was already approved. I wrote about it on here a while ago and had a few people say that was a new one, normally after your EAD is approved you should have no issues.

Then sorry, they really didn't know what they were talking about! Which happens here on VJ once in a while The EAD and the AOS, although filed at the same time, they are not joined, they have two different sets of forms and evidence and processed in different departments. Unfortunately you are finding out that just because the EAD is approved, that does not automatically mean that your AOS is free and clear.