Medical for AOS (need help)

[rjfg1 0]

I submitted my wife's Adustment of Status (AOS - Form I-485) and received a letter back from INS for "Additional Evidence"; they are requesting

1) to Submit a completed & signed Form I-163 (full medical examination) &

2) Form I-169A supplemental.

My wife came in on a K-1 visa and she already had her full medical completed before coming to the U.S. (as required for the K-1 visa).

From everything that I been told and from what I read on the instruction when filing the I-485 (AOS) form, if your wife came in on a K-1 visa the only thing that was needed to fulfil your medical requirement was form I-169A supplemental (because the medical would have been already completed as part of the K-1 visa).

I called the INS 1-800 number and they were NO HELP AT ALL (That place sucks). After explaining that I did not think it was neccessary to submit a full medical because of our K-1 visa status, they told me if the letter is requesting a full medical then I should send what the letter is requesting.....that was all he had to say (real knowledgable indeed).

For those of you who have been through this process........ do we have to go through all the trouble of taking another full medical examination? Has anyone who came in on a K-1 visa had to take another medical examination in the United States? If you don't think that we need a another medical is there something I can do about it?

Thank you very much for any input you may have on this,

Rick

[JenT 0]

See the answers provided in this post.

http://www.visajourney.com/forums/index.ph...c=27315&hl=

Edited August 17, 2006 by JenT

[Kez/JWolf 6]

If they are asking you for another medical then you should have another medical.... if you dont the next thing you will get is a letter of denial for AOS... I know its wrong and it says you dont need it but USCIS will point out that they are only guildlines and they can and do request any information they want or need...

There have been a few people who have not had another medical done and are now trying to get their cases re-opened or are starting all over again....

Kezzie

[rjfg1 0]

What do you think about sending them a written letter explaining to them that a K-1 visa applicant for AOS are not required to take another medical and that our entire medical package was submitted to Immigration officials at our Port of Entry (POE). I read in a different thread where someone did this and he said that he did not receive an RFE notice.

Note: I have our I-169A supplemental finished and ready to mail out.

[Kez/JWolf 6]

You can take the chance of telling them that you think you dont need another medical.... but you may be inviting a denial letter by doing so...

Good Luck

Kezzie

[sleeplessseattle 0]

Your wife does not need to submit another full medical i-693 IF her medical was performed within a year of the AOS application submission. All she needs to do is submit the i-693a supplemental form, which the civil surgeons should have on hand. The form can be found on the CDC website: http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

This is for the vaccination supplement only. Just make sure that the civil surgeon is aware of this, cos the one I went to in WA had no clue what i was talking about and wanted to charge me for another full medical. You can go to http://www.uscis.gov/graphics/i-693faq.htm

I actually printed out that page to show it to the civil surgeon... thats just me..

Hope that helps

[Kez/JWolf 6]

Your wife does not need to submit another full medical i-693 IF her medical was performed within a year of the AOS application submission. All she needs to do is submit the i-693a supplemental form, which the civil surgeons should have on hand. The form can be found on the CDC website: http://www.cdc.gov/ncidod/dq/pdf/ti-03/appdx-a_693vacc.pdf

This is for the vaccination supplement only. Just make sure that the civil surgeon is aware of this, cos the one I went to in WA had no clue what i was talking about and wanted to charge me for another full medical. You can go to http://www.uscis.gov/graphics/i-693faq.htm

I actually printed out that page to show it to the civil surgeon... thats just me..

Hope that helps

They have written and told him to have another medical....... quoting the guidlines at them is not going to help.... do a search on VJ for others who have received a denial for exactly the same thing....

Your Call

Kezzie

[perfect 39]

My son was one of those who had already had a medical within the last 12 months and received a request for additional evidence in the form of another medical. I actually sat and wrote a long letter to the service center quoting the guidelines which I was going to send to the service center instead of providing the evidence requested, as a matter of principle.

However, before I sent it I phoned USCIS and quoted the same guidelines to them, stating that it wasn't nevessary because of ..... However, I was told in no uncertain terms, firmly but very nicely, that they are only guidelines and each service center has the authority to request ANY piece of information it wishes and they don't have to furnish a reason for not following the guidelines - that's all they are GUIDELINES, not strict rules. If I did not provide the evidence within the timescale allotted by the service center, i.e. including sending a letter of explanation instead of the evidence, I would be issued with a denial letter.

Needless to say, I didn't think it was worth the risk and just sent them the information requested. It only delayed our case by 4-6 weeks whereas if we had been denied and had to apply for MTR or start a new application it would have bene more time-consuming and more costly.

I say suck it up and do it - the service center is entitled to ask for anything they like and issue a denial if they so wish, if you don't comply with this request, even if you do send a letter of explanation instead.

We would be interested in what you decide to do and what the outcome is!

[rjfg1 0]

I spoke to my wife and we decided the best thing to do is to go ahead and take another medical exam. She is not looking forward to it at all, but it is better to be safe then sorry.

My biggest gripe is the lack of communication that exist with the USCIS. When I tried to contact them regarding the situation they give the same company line.........It would be much simple if I could talk to the person that is reviewing my case and simply ask them why they would need a second Medical. That way I can get a clear answer and know if it was an error on there part or an error with the medical report that we had taken earlier, instead we are all kept in the dark to just ponder on what went wrong with the application.

I'll will keep everyone updated on how my case turns out. This is great place for information and it has helped me alot, so I try to give back and post my experiences on here as well and share with everyone else.

Thank you everybody,

Rick

[Kez/JWolf 6]

I think you are very wise to follow this course of action.... Hope your wife's medical goes well and you get back on track real quick....

Good Luck

Kezzie

[sleeplessseattle 0]

When you submitted your AOS package, did you just send a copy of the vaccination report that was given to your wife by the Panel Physician from her country?? Or did you actually go to a Civil Surgeon in the US for a vaccination supplement.. cos you cant use the one you were given by Panel Physician. You need to get another one from a Civil Surgeon in the US. Doesn't matter what category you came into the US on, everyone has to comply with vaccination supplement. If they are asking you to do an entirely new full medical again, there must be a reason. Maybe the medical report has expired?????? You can always print out that page on USCIS http://www.uscis.gov/graphics/i-693faq.htm as information provided by the USCIS themselves and use that as affirmation if you are planning to write a letter of explanation regarding this RFE. Immigration does flub up from time to time. Maybe a letter would be a good way to go.

[rjfg1 0]

Kanata,

When we submitted our AOS package we took our vaccination report to a Civil Surgeon (here in the U.S.) and he filled out the I-693A form. When I did submit my AOS I made a mistake and actually opened the envelope that the Civil surgeon had given us (My AOS package was all whole punched and neatly put together and I wanted the I-693 form to also be neatly included in the package). I later found out that the envelope that the Civil Surgeon gives is not to be opened.

Kezzie,

I just wanted to thank you for all your feedback and advice.

Kanata,

One more thing I forgot to mention was that my wife had taken her medical this past February so I don't think it was a time issue. Not knowing what you did wrong or why is the reason they are asking us for another Full Medical is what makes this really frustrating.

Thanks

Edited August 17, 2006 by rjfg1

[malutka 0]

My husband also received an RFE for his AOS (which was transferred to the California Service Center). I knew he would get one because he didn't have proof of vaccinations. We found a civil surgeon who charged us $140.00 for the medical exam and the vaccinations. It was very simple. They checked him out, gave him MMR shot, DPT shot, TB skin test and took his word for that he had the chicken pox. He also had his blood drawn for the check of diseases. I didn't want to risk or waste time not getting him his complete medical over again because we only have 84 days to submit this information. I figured maybe they wanted his medical again because it was coming close to a year since his K-1 medical. My opinion is don't take any risk or chances..good luck!