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carolineden11

Let's do something about these lost medicals for AOS

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Filed: Timeline

Hi everyone,

I moved to the US from Canada in October on a K-1 visa then applied for AOS. I recently received a Request for Additional Evidence because USCIS "never received" my medical documents even though I submitted them at the point of entry. I am told that I need to repeat the medical at my own expense. I was appalled to see the pages and pages of other people who have had this happen to them. I can't believe USCIS can be so incompetent with important and expensive documents yet take no responsibility for their mistakes. When I pay $1000 for a form to be processes only to have USCIS not follow their own rules (ie K-1 doesn't need to redo the medical within a year) and lose documents I expect them to be accountable. If we weren't immigrants at the mercy of these people, they would never get away with this. However, out of fear of being separated from our loved ones, many of us just redo the medical and don't complain. This is wasting a lot of money for people who already have spent thousands of dollars and many hours of their time for this redundant process. I plan on redoing the medical since we have a strict time limit and I don't want to risk getting AOS denies but I am incredibly frustrated with this and think we should try to do something about it. Perhaps if the Ombudsman gets enough complaints we can fix it. If this has also happened to you please contact him using the link below...

http://www.dhs.gov/xabout/structure/cisomb.shtm

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IMO, this is the fault of CPB, not USCIS. i might bark up their tree.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Jordan
Timeline

IMO, this is the fault of CPB, not USCIS. i might bark up their tree.

I agree. IMHO Seems as though the CBP isn't doing their job and forwarding the medicals to USCIS.



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Filed: Timeline

Hi everyone,

I moved to the US from Canada in October on a K-1 visa then applied for AOS. I recently received a Request for Additional Evidence because USCIS "never received" my medical documents even though I submitted them at the point of entry. I am told that I need to repeat the medical at my own expense. I was appalled to see the pages and pages of other people who have had this happen to them. I can't believe USCIS can be so incompetent with important and expensive documents yet take no responsibility for their mistakes. When I pay $1000 for a form to be processes only to have USCIS not follow their own rules (ie K-1 doesn't need to redo the medical within a year) and lose documents I expect them to be accountable. If we weren't immigrants at the mercy of these people, they would never get away with this. However, out of fear of being separated from our loved ones, many of us just redo the medical and don't complain. This is wasting a lot of money for people who already have spent thousands of dollars and many hours of their time for this redundant process. I plan on redoing the medical since we have a strict time limit and I don't want to risk getting AOS denies but I am incredibly frustrated with this and think we should try to do something about it. Perhaps if the Ombudsman gets enough complaints we can fix it. If this has also happened to you please contact him using the link below...

http://www.dhs.gov/xabout/structure/cisomb.shtm

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Filed: Timeline

I don't believe the CBP is the problem since the only thing I am missing is the medical and not the entire contents of the envelope submitted at the port of entry. Additionally, I received my EAD so it must have been forwarded. From what I have read, many people have had this happen because USCIS doesn't look in our A-file for the medical. They just see that a medical isn't included in the I-485 application. Even though it is sitting there in their files, they are too lazy to look for it and the only way to get them to look for it is to get a congressman, senator or ombudsman involved. Unfortunately, that takes time and we have a time limit to respond to the RFE so many people just redo the medical. I think people need to start making a complaint so something can be done about this very common issue.

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Filed: Citizen (apr) Country: Jamaica
Timeline

Sorry you have to go through this. A similar thing happened to my brothers at the POE in MIA... They lost their ENTIRE packet when they entered on their IR1 visa. One year and no green card later, I had to write Washington to get some action. They had to recreate their entire file and therefore their date of being in the country changed to 2 years less than it actually was (they got their green card 2 years after initial entry). So when they're ready to apply for citizenship, they'll have to wait an additional 2 years. The government really needs to move to total electronic processing of stuff (with paper as back-up).


K1
VSC NOA1 --- March 8, 2012
NOA2 --- October 11, 2012
Visa Approved --- December 17, 2012
POE --- December 22, 2012

AOS
AOS/EAD/AP NOA1 --- March 4, 2013
Biometrics --- April 3, 2013

EAD/AP received --- May 16, 2013

AOS Interview --- August 9, 2013

GC in production --- August 9, 2013

GC received --- August 17, 2013

N400

Approved May, 2018

Oath May, 2018

I130 - Nebraska SC

NOA1 - August 30, 2018

Case approved - August 28, 2019

NVC -

Interview -



I am the USC who brought my fiancé here on a K1,  who's now a USC and is now filing for his mother - whose case just got approved :)

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Filed: Citizen (apr) Country: Jordan
Timeline

Sorry you have to go through this. A similar thing happened to my brothers at the POE in MIA... They lost their ENTIRE packet when they entered on their IR1 visa. One year and no green card later, I had to write Washington to get some action. They had to recreate their entire file and therefore their date of being in the country changed to 2 years less than it actually was (they got their green card 2 years after initial entry). So when they're ready to apply for citizenship, they'll have to wait an additional 2 years. The government really needs to move to total electronic processing of stuff (with paper as back-up).

electronic processing is good. But I can tell you from experience as far as the NVC goes it slowed our case down substantially. We submitted everything electronically and I received 3 rfes for the same evidence I sent electronically 4 times. It is frustrating that the people at the NVC had no problems matching up the paper cases, yet they couldn't read an email correctly and match it up with our case. Just because it's electronic isn't going to force them to read through the entire file. Frustrating that people just can't do their jobs. I have been stuck at the NVC since March, and 2 weeks since case complete and no interview scheduled, no one know why, at this point it won;t be most likely until July. I have watched as people with paper cases have flown thru this stage in 2 or 3 weeks tops. I feel like I'm beating my head against a wall. I feel for the OP because people are just simply incompetent.



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Filed: Country: Poland
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I don't believe the CBP is the problem since the only thing I am missing is the medical and not the entire contents of the envelope submitted at the port of entry. Additionally, I received my EAD so it must have been forwarded. From what I have read, many people have had this happen because USCIS doesn't look in our A-file for the medical. They just see that a medical isn't included in the I-485 application. Even though it is sitting there in their files, they are too lazy to look for it and the only way to get them to look for it is to get a congressman, senator or ombudsman involved. Unfortunately, that takes time and we have a time limit to respond to the RFE so many people just redo the medical. I think people need to start making a complaint so something can be done about this very common issue.

I think you're dead on with how the "process" works.

One way to counter that is to transcribe your vaccination worksheet from original medical onto fresh I-693 and include that with your AOS submission (vaccination part only, do no repeat the whole medical).

Some CS in the US don't want to do this (of course they can charge more for complete medical), but if you call a few, you will find one who does. For $20 or $30, or so...

That's what we did during my wife's AOS, no RFE.

Edited by Tygrys

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Filed: Citizen (apr) Country: England
Timeline

Hi everyone,

I moved to the US from Canada in October on a K-1 visa then applied for AOS. I recently received a Request for Additional Evidence because USCIS "never received" my medical documents even though I submitted them at the point of entry. I am told that I need to repeat the medical at my own expense. I was appalled to see the pages and pages of other people who have had this happen to them. I can't believe USCIS can be so incompetent with important and expensive documents yet take no responsibility for their mistakes. When I pay $1000 for a form to be processes only to have USCIS not follow their own rules (ie K-1 doesn't need to redo the medical within a year) and lose documents I expect them to be accountable. If we weren't immigrants at the mercy of these people, they would never get away with this. However, out of fear of being separated from our loved ones, many of us just redo the medical and don't complain. This is wasting a lot of money for people who already have spent thousands of dollars and many hours of their time for this redundant process. I plan on redoing the medical since we have a strict time limit and I don't want to risk getting AOS denies but I am incredibly frustrated with this and think we should try to do something about it. Perhaps if the Ombudsman gets enough complaints we can fix it. If this has also happened to you please contact him using the link below...

http://www.dhs.gov/xabout/structure/cisomb.shtm

I completely agree with you. I was lucky and did not have my medical documents lost, but I get very frustrated reading this same complaint constantly on VJ. It really is unacceptable for this to occur so frequently. It shouldn't take a call from a Congressman to get someone to open a file and find your paperwork. We put enough time and money into this process to expect our file to be properly processed. I have to disagree with everyone that says you should suck it up, fork over the money and get on with it. This isn't a case of one unlucky person whose paperwork went missing. This a very major flaw in the system that should be corrected rather than telling hundreds of people to just get over it. It isn't okay to just accept the fact that you are being treated wrongly, especially when you see the same thing happening to so many other people around you. I will also be filing a complaint.


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Filed: Country: Poland
Timeline

I completely agree with you. I was lucky and did not have my medical documents lost, but I get very frustrated reading this same complaint constantly on VJ. It really is unacceptable for this to occur so frequently. It shouldn't take a call from a Congressman to get someone to open a file and find your paperwork. We put enough time and money into this process to expect our file to be properly processed. I have to disagree with everyone that says you should suck it up, fork over the money and get on with it. This isn't a case of one unlucky person whose paperwork went missing. This a very major flaw in the system that should be corrected rather than telling hundreds of people to just get over it. It isn't okay to just accept the fact that you are being treated wrongly, especially when you see the same thing happening to so many other people around you. I will also be filing a complaint.

This has been a pain in @$% for some years now, but to be perfectly honest, some people are bringing it on themselves.

I-485 instructions (Initial Evidence, paragraph 8 "Fiance(e)s" states implicitly:

"If you are a K-1 fiance(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your Form I-485"

The vaccination supplement is I-693 Part 2.5 "Vaccinations". You also need to fill Part 1 "Information About You" of course and get this thing signed by the CS.

Have any of you complaining here included I-693 with your vaccinations transcribed from DS-3025 by CS in the US with your AOS application? Just asking...

Edited by Tygrys

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Tygrys, they are not talking about the vaccination supplement on I-693. They are talking about the entire medical getting lost and having to redo the whole thing.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Timeline

My RFE states "the vaccination record has been received by USCIS; therefore, the vaccination portion of Form I-693 does not have to be completed". In other words the vaccination portion of the medical was fine. I did exactly as the instruction said for form I-485.

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