February Filers with Medical (I-693) RFEs

[Scott & LC 3]

Hi all,

I am one of the February AOS filers that received an RFE for I-693. I came into the US on K-1 visa so I did not do the FULL medical exam but only the Vaccination Charts as requested in I-693 instructions. I sent in the properly completed, signed and sealed I-693 together with DS-3025 (Vaccination Records) BUT I still received an RFE from USCIS.

There are a few options in my head to deal with this RFE:

1. Contact your congressman for help. (I'm currently going through this route, hoping they'll get back to me soon)

2. Do a FULL medical exam. (That's the best bet, but expensive as it'll cost ~$200)

3. Send a new signed and sealed I-693 (only vaccination portion) and explain in a letter why I don't need a full medical.

4. Set for an Infopass appointment. Find out where your medical is.

I know there are a few other people out there with the same problem as I am. It'll be great to have us all discuss it here. I really would like to know if you have any other ideas and also discuss your progress here.

Thank you!!!

LC

[Jay&Jo 4]

Hi all,

I am one of the February AOS filers that received an RFE for I-693. I came into the US on K-1 visa so I did not do the FULL medical exam but only the Vaccination Charts as requested in I-693 instructions. I sent in the properly completed, signed and sealed I-693 together with DS-3025 (Vaccination Records) BUT I still received an RFE from USCIS.

There are a few options in my head to deal with this RFE:

1. Contact your congressman for help. (I'm currently going through this route, hoping they'll get back to me soon)

2. Do a FULL medical exam. (That's the best bet, but expensive as it'll cost ~$200)

3. Send a new signed and sealed I-693 (only vaccination portion) and explain in a letter why I don't need a full medical.

4. Set for an Infopass appointment. Find out where your medical is.

I know there are a few other people out there with the same problem as I am. It'll be great to have us all discuss it here. I really would like to know if you have any other ideas and also discuss your progress here.

Thank you!!!

LC

I also had an RFE recently, although i NOA1 was March 1st. Thanks for putting up a list of options. Have you had any sucess contacting your congressman?

Jo

[Scott & LC 3]

I also had an RFE recently, although i NOA1 was March 1st. Thanks for putting up a list of options. Have you had any sucess contacting your congressman?

Jo

Yeah my NOA1 is also March 1st..... but I filed in February. I haven't heard back from my congressman yet... I'm gonna give them until this Thursday and then I will contact them again... hmm.. what do you plan to do?

[melbell54 0]

Yeah my NOA1 is also March 1st..... but I filed in February. I haven't heard back from my congressman yet... I'm gonna give them until this Thursday and then I will contact them again... hmm.. what do you plan to do?

I had the same RFE and went with option 3. Actually, all I did was include a copy of the original I-693 that I sent. It was signed by Dr Arnold back when he was still in practice, so I couldn't obtain another one easily. I included a letter that respectfully stated why he did not need a full medical exam.

Our RFE was accepted within 2 weeks, and his green card has been approved. I have heard caution against this option based on another situation where the individual did this and eventually had his AOS denied, but I believe it came out that he was actually denied for not properly filling out his I-485. I recommend at least trying this option, bearing in mind it is possible you could get another RFE and have to get a new medical and be set a few weeks back but I believe that this is the worst case scenario. If you are not in a huge hurry, I think this is the best option. I think that it comes down to the individuals sending out the RFEs not being aware of all the possible situations, and I think sending the letter can clear this up.

[Nik+Heather 121]

Option 1, Green Card in production as of last night. However, ours said the medical was "out of date" which was Completely wrong.

Double check the I693 copy that you should have been given when they did the transcription to ensure that everything was correct. I was quite embarrassed to find that ours had signed part 6, which may have been what lead to the confusing RFE we received. Many doctors seem to have an issue with signing under part 5, and I can sort of see their side - it says "I performed the examination" Which they didn't do.

[Scott & LC 3]

I had the same RFE and went with option 3. Actually, all I did was include a copy of the original I-693 that I sent. It was signed by Dr Arnold back when he was still in practice, so I couldn't obtain another one easily. I included a letter that respectfully stated why he did not need a full medical exam.

Our RFE was accepted within 2 weeks, and his green card has been approved. I have heard caution against this option based on another situation where the individual did this and eventually had his AOS denied, but I believe it came out that he was actually denied for not properly filling out his I-485. I recommend at least trying this option, bearing in mind it is possible you could get another RFE and have to get a new medical and be set a few weeks back but I believe that this is the worst case scenario. If you are not in a huge hurry, I think this is the best option. I think that it comes down to the individuals sending out the RFEs not being aware of all the possible situations, and I think sending the letter can clear this up.

Thank you for the reply. I received a reply from my congressman saying that the USCIS is in the midst of checking whether my DS-2053 is in the file. If it is NOT lost, then I guess I don't need another FULL medical and I will have a better evidence against going thru the whole medical again. I have to wait until next week for their reply though... sigh... more waiting.

I really want to try your method but I am wary of getting denied for AOS or another RFE. So hopefully, I get something out of my congressman.

Thank you again.

[Scott & LC 3]

Option 1, Green Card in production as of last night. However, ours said the medical was "out of date" which was Completely wrong.

Double check the I693 copy that you should have been given when they did the transcription to ensure that everything was correct. I was quite embarrassed to find that ours had signed part 6, which may have been what lead to the confusing RFE we received. Many doctors seem to have an issue with signing under part 5, and I can sort of see their side - it says "I performed the examination" Which they didn't do.

Wow... thank you for the reply, at least I know someone has been through this and got the greencard Congratulations! I hope to resolve this soon. I'm in the process of going through the congressman route!

[Jay&Jo 4]

Wow... thank you for the reply, at least I know someone has been through this and got the greencard Congratulations! I hope to resolve this soon. I'm in the process of going through the congressman route!

I really want to try this as well, can you tell me exactly how you went about explaining the situation please to your congressman? was it via email, or a personal phone call?

[Nik+Heather 121]

I really want to try this as well, can you tell me exactly how you went about explaining the situation please to your congressman? was it via email, or a personal phone call?

Use google or this site for reps or this site for senatorsto find out who the three representatives are (2 senators, 1 house member). When you get their names/web pages, then you should look up the info for their local office (not their DC office). Call that number. I didn't write a script, but the initial phone call usually went something like this:

"Hello, my husband and I are in the process of applying for his permanent residence through his marriage to me. We have filed and received a request for evidence which we feel is in error - I'd like some help from your immigration expert to look into it."

They may or may not transfer you straight to that person at that time (probably depends on if they are in the office). When you are asked to elaborate, you can tell them:

"My husband entered on a K-1 fiance visa, and he has already completed the medical exam overseas. It is quite expensive to get another exam, and it should have already been submitted. I would like your office to look into the matter and ensure that the "A" file has been properly retrieved and that the medical is in fact missing" (Or whatever is wrong)

You may get some flack if you're the petitioner about them wanting to talk to the beneficiary (who is actually the adjustment applicant) but this is easily remedied in the privacy letter, you just add on something at the end which says "You may also contact my wife, firstname lastname in this matter."

Anyway, have a chat with their immigration expert, and then of the three (if all three are available/call you back), choose one office to continue with, and fill out their privacy form, and write a formal request for them to look into the matter (basically same wording). Make sure there is a clear request for the action you want them to take such as to contact the National Benefits Center - or whatever service center you are dealing with- and check for missing medical etc. We included a copy of the RFE. Ours let us hand carry, fax, or snail-mail in this request.

Finally, when everything is finished, then you should ask for the result in writing (not just a phone call) especially if the outcome is that the RFE was issued in error and you can ignore it. We didn't need to use any such thing, but make sure to cover your butt.

Edited March 18, 2010 by Nik+Heather

[Ann Marie and Leo 9]

3. Send a new signed and sealed I-693 (only vaccination portion) and explain in a letter why I don't need a full medical.

We did Option (3) cost $25 for the transcription fee. So far so good, no green card or interview yet, but AP and EAD have been approved, and the last touch for AOS on 02/10 said they received our response to the RFE, and the application is being processed.