Medical Records as related to AP and EAD

[Usui Takumi 1,562]

About to submit AOS next week and I'm not sure if AP and EAD are related to having complete medical records.

I need to see if the doctor wrote anything about my wife needing the HPV vaccine on her DS3025 (it was the only vaccine she doesn't have) but at any rate I think we'll try submitting without it and see if we can slip through the cracks on that one. Could this slow the AP and EAD or just the main interview/greencard?

She's nearly 25 and i'm thinking as along as she can get ap and ead we don't mind if the process gets held up for a year until she's 26 and issue becomes null.

[payxibka 10,044]

No, the AP and EAD applications do not require a medical exam. However, if an RFE is issued for the I-485 at anytime before the EAD/AP application is approved, then it will suspend those two applications until such time the RFE is satisfied and the I-485 resumes normal processing.

[Usui Takumi 1,562]

Thanks, the odds of that happening look pretty small right now given EAD and AP are just under 3 months where as it looks like the I485 doesn't hit a desk for 5-6 months.

I didn't get RFE during the K1 stage, so I don't know all the details but I imagine that you can easily stall the process?? as long as you always respond within their timeline?

[payxibka 10,044]

but it has happened

[Kez/JWolf 6]

Medical information is classed as initial evidence for the I-485 and is one of the first things to be checked. So the chances of it being picked up quickly are high. Why risk anything that is going to hold up your application. If you know you need to have this vaccination done then get it done and file with all the required evidence.

There are no short cuts when dealing with USCIS, if it is a requirment you can bet it will be picked up on and you will get a RFE and it can and will hold up any application for EAD and AP.

[payxibka 10,044]

Medical information is classed as initial evidence for the I-485 and is one of the first things to be checked. So the chances of it being picked up quickly are high. Why risk anything that is going to hold up your application. If you know you need to have this vaccination done then get it done and file with all the required evidence.

There are no short cuts when dealing with USCIS, if it is a requirment you can bet it will be picked up on and you will get a RFE and it can and will hold up any application for EAD and AP.

The medical exam is initial evidence... for a K-1 adjustee, the vaccinations are optional and can be brought to the interview...

In addition, it is most likely the DS-3025 (which OP has a copy of) is already included in the foreign medical exam file....

Edited January 7, 2009 by payxibka

[Usui Takumi 1,562]

Medical information is classed as initial evidence for the I-485 and is one of the first things to be checked. So the chances of it being picked up quickly are high. Why risk anything that is going to hold up your application. If you know you need to have this vaccination done then get it done and file with all the required evidence.

There are no short cuts when dealing with USCIS, if it is a requirment you can bet it will be picked up on and you will get a RFE and it can and will hold up any application for EAD and AP.

We're actually not in any hurry. AP would be nice to have by August but thats about it. We'd rather avoid the HPV vaccine without spending like 600 extra to submit the form required to get out of it.

[bakofoil 27]

The I-485 does get looked at as I received an RFE on a signature that was missing on our Affidavit of Support forms. I'm assuming that like the I-129F application the package is checked to ensure forms are complete. Obviously this was easily rectified and it didn't hold up my AP and EAD approvals at all. It certainly seems that the DS3025 is accepted in some AOS applications (as I have not been RFE'd on initial evidence over this), although some say that everyone should send in the I-693 transcription to be on the safe side.

This is purely assumption on my part but I am wondering whether, if the HPV was required (I think the cut off date was August 1st 2008) whether you can get away with sending in the DS3025 and not having a transcription to the I-693 showing that at least one shot of Gardasil was given. I think one shot is all that is required for medicals conducted after August 1st as there is a waiting period between vaccinations. All depends what the DS3025 says and what date it was signed off.

eta: the HPV is not an issue for me. I am just commenting generally on submission of medical requirements for AOS.

Edited January 7, 2009 by bakofoil

[bakofoil 27]

This might help clarify things.

[Usui Takumi 1,562]

Too bad we missed the grace period by 2 weeks. I still think i'll submit everything required minus the HPV and see what happens. I'd rather chance the RFE before my wife gets jabbed unnecessarily. It sounds like if the vaccinations must be presented at the interview and the interview date is after her 26th birthday all is good.

[Kez/JWolf 6]

Too bad we missed the grace period by 2 weeks. I still think i'll submit everything required minus the HPV and see what happens. I'd rather chance the RFE before my wife gets jabbed unnecessarily. It sounds like if the vaccinations must be presented at the interview and the interview date is after her 26th birthday all is good.

It is very unlikely that if you are applying now for AOS and your wife is almost 25 that you will still be waiting for your interview in 1 years time.

Most people are done with AOS within 5 - 8 months.

[Eric-Pris 1,602]

Too bad we missed the grace period by 2 weeks. I still think i'll submit everything required minus the HPV and see what happens. I'd rather chance the RFE before my wife gets jabbed unnecessarily. It sounds like if the vaccinations must be presented at the interview and the interview date is after her 26th birthday all is good.

All is not good. The vaccine is mandatory for all women 11-26, not 11-25. When she turns 27, she will be exempt.

Per CDC website:

Human papillomavirus (HPV) vaccination

HPV vaccination is recommended for all females aged <26 years who have not completed the vaccine series. History of genital warts, abnormal Papanicolaou test, or positive HPV DNA test is not evidence of prior infection with all vaccine HPV types; HPV vaccination is still recommended for these persons.

Edited January 7, 2009 by Eric-Pris

[Usui Takumi 1,562]

Okay if it gets flagged we'll need to decide on whether to just get it or pay for the religious-personal waiver.

Edited January 7, 2009 by lancer1655

[bakofoil 27]

Too bad we missed the grace period by 2 weeks. I still think i'll submit everything required minus the HPV and see what happens. I'd rather chance the RFE before my wife gets jabbed unnecessarily. It sounds like if the vaccinations must be presented at the interview and the interview date is after her 26th birthday all is good.

Yep, that is a shame. This whole HPV thing irritates me actually, so I understand why you are both cautious about her receiving an unnecessary vaccine. I figure that if you are RFE'd, then you can turn around the necessary paperwork in less than a couple of weeks. I received my AP and EAD before people who had filed before me and who were not RFE'd - it's just one of those USCIS things. One shot is all that is required at the time of application and you can get the I-693 transcribed to show that she has received it - IF it is picked up.

[bakofoil 27]

There's still a possibility that this won't be picked up AND that AOS will be approved without interview. Even if nothing goes their way the approval will be pending satisfaction of the HPV requirement. It's not likely that AOS will be completely rejected over this - just delayed. And that seems like a risk the OP is willing to take.