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cjblack

Suggestion: Letter to explain I-693

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I'd like to make a suggestion for a revision to the AOS guide.

I followed it to the letter, obviously. However, what happened to us (and has happened to many) is that we received an RFE for a medical - even though our K1 medical was just a few months ago. We contacted our Congressman, but it was too little too late, as it seems once the RFE is in motion, it's very difficult to get it revoked. So we had to pay (and go through the inconvenience of) getting a new medical exam. Let's just say that was $300 that we could have used in a much more productive way.

My suggestion is that we start including a letter to accompany the sealed I-693 envelope, just in case the ajudicator is not aware of this exemption. The letter would be something to this effect:

Regarding the enclosed I-693:

According to the instructions for the I-693 (attached), a medical examination is not required for a person who is applying for Adjustment of Status from K1 Visa status. Therefore, only the required sections of the enclosed I-693 are completed. The completed sections fulfill all requirements as stated in the instructions, and provide sufficient information for the medical requirements of this Adjustment of Status application.

I don't know if this would fix this problem entirely, but if it means 1 less RFE, maybe it's worth it?

Thoughts?


04-23-2008: Met on vacation in Egypt (yes, a Canadian and an American met in Egypt!)

03-21-2009: Engaged :) :) :)

K1 Petition (Apr 14 09 thru Dec 30, 09 - PROCESS COMPLETE)

04-14-2009: I-129F Sent to VSC

04-20-2009: NOA1

08-21-2009: NOA2!!!

09-01-2009: NVC received petition

09-04-2009: Montreal received petition

09-23-2009: Packet 3 arrived in mail

09-28-2009: Packet 3 returned via overnight mail

09-29-2009: Packet 3 received at Montreal

10-22-2009: Packet 4 received

11-09-2009: Medical exam at Medisys in Montreal

11-13-2009: Interview - Approved!!!!!

11-17-2009: 3pm - Pick up visa at consulate

11-17-2009: 5pm - Entry at Champlain POE via auto

12-30-2009: Wedding!

AOS (Jan 14 09 thru TBD)

01-14-2010: I-485 sent to Chicago lockbox (with EAD and AP filings)

01-25-2010: NOA

02-10-2010: Case transferred to CSC!

02-15-2010: Biometrics in Elizabeth, NJ

03-12-2010: RFE - argh!

03-18-2010: E-mail saying EAD and AP approved!

03-19-2010: RFE received - Medical Exam has been lost - new one needed

03-20-2010: Contacted Congressman

04-19-2010: Give up the fight, Congressman can't help, got a new physical done

04-22-2010: Surprise, surprise! Passes physical. RFE returned via overnight mail.

04-29-2010: Approval e-mail!

05-07-2010: Permanent Resident Card received! DONE! :)

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According to a previous post you put up you had received an RFE because they had "lost" you medical. In that event, no matter who was at fault, the suggestion for your letter would be of no consequence. You would have two options, get a copy of the original that was performed by the panel physician or have a new one.

It sucks that it was not forwarded or got lost but in either case, if its not there, its not there.


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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I'd like to make a suggestion for a revision to the AOS guide.

I followed it to the letter, obviously. However, what happened to us (and has happened to many) is that we received an RFE for a medical - even though our K1 medical was just a few months ago. We contacted our Congressman, but it was too little too late, as it seems once the RFE is in motion, it's very difficult to get it revoked. So we had to pay (and go through the inconvenience of) getting a new medical exam. Let's just say that was $300 that we could have used in a much more productive way.

My suggestion is that we start including a letter to accompany the sealed I-693 envelope, just in case the ajudicator is not aware of this exemption. The letter would be something to this effect:

Regarding the enclosed I-693:

According to the instructions for the I-693 (attached), a medical examination is not required for a person who is applying for Adjustment of Status from K1 Visa status. Therefore, only the required sections of the enclosed I-693 are completed. The completed sections fulfill all requirements as stated in the instructions, and provide sufficient information for the medical requirements of this Adjustment of Status application.

I don't know if this would fix this problem entirely, but if it means 1 less RFE, maybe it's worth it?

Thoughts?

Such a letter would not mean one less RFE in the situation you're trying to avoid. If the medical exam results are lost in transit (from POE back to USCIS), then there is no way for them to ascertain the veracity of the I-693. That is why the RFE for a new medical. Adjudicators are well aware of the rule for medical exams for K-1 beneficiaries. Unfortunately, the visa application/approval process (during which the medical exam is conducted) is a Dept of State outlined procedure, while Adjustment of Status belongs to USCIS....two different entities. While these two work together and share information (that is why the medical exam results are forwarded back to USCIS from the POE), sometimes there is a glitch, and this is what happened in your case....and in the case of several others that I've seen. Its just the luck of the draw. It is not something that can be avoided because you don't know that the medical is missing until you file for AOS and the adjudicator, upon doing his cross-checking, discovers that your file is missing this piece. It is also not something that can be alleviated with such a letter as you're suggesting. In the event that a medical exam is not on file with USCIS at the time one files for AOS (regardless of the why's of it) they will completely disregard such a letter and issue an RFE. Sorry...

-P


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