At AOS interview, USCIS say my K-1 medical was not filled in correctly. Need another medical. Can I get reimbursed?

[Sarasota 178]

2 minutes ago, June2017UK said:

I copied this to my personal notes which was written by another VJ member - it explains that the DS 3025 replaces I-693 as long as you apply within the year of the Knightsbridge medical. It’s all about the 2nd page apparently but I think I read you got that?

 

“The DS 3025 is the form the people at Knightsbridge hand back to you once your medical is completed. It is imperative for your AOS that you get BOTH pages back from them before you leave. The added a second page that has a statement that basically says you got your immunizations needed for immigration. 

 If you don't get this back there is a possibility that you will have a headache when filing for AOS later on. The DS 3025 can be used in place of the I 693 as long as you file for AOS within 1 year of your medical (which most of us do), but a lot of UK filers have had issues with RFE's for their DS 3025 from Knightsbridge without that second page. (some have still had it even with the second page... it seems to depend on the adjudicator you get)”

Yes I'd actually heard of this issue before my interview but the officer caught me by surprise (I assumed I'd have gotten an RFE in the post).

 

I'm going to post a letter explaining and include the ds3025. I can't work out where to send this,  I guess my local office?

 

Of course it's still possible this RFE is unrelated to ds3025...

[June2017UK 430]

5 minutes ago, hjriach said:

Yes I'd actually heard of this issue before my interview but the officer caught me by surprise (I assumed I'd have gotten an RFE in the post).

 

I'm going to post a letter explaining and include the ds3025. I can't work out where to send this,  I guess my local office?

 

Of course it's still possible this RFE is unrelated to ds3025...

Would you mind keeping us posted with regards to the nature of your RFE?

I’d be keen to know if it is indeed the paperwork that Knightsbridge issued.

TIA

 

(I presume the RFE would include the return address / instructions)

Edited October 2, 2017 by June2017UK

[Sarasota 178]

2 minutes ago, June2017UK said:

Would you mind keeping us posted with regards to the nature of your RFE?

I’d be keen to know if it is indeed the paperwork that Knightsbridge issued.

TIA

Yep no problem

[Wuozopo 4,290]

4 hours ago, hjriach said:

Oh I didn't think of this. She didn't mention what it was, when I questioned her she just said it wasn't filled out to their standards.

 

I have heard of this and I have that sticker on page 2 of my DS-3025 saying I received the required vaccines etc. Now I don't know what to do.

It seems like she would have said your medical is expired if it was too old. Filled out to our standards sounds like the results section on the vaccination page, which they purposely leave blank at Knightsbridge based on instructions they have.  It also sounds like she is not sure of her instructions. 

 

 

2 hours ago, hjriach said:

Scary to think that your medical report is floating around lost somewhere huh.

 

Thanks for the advise, do you by any chance remember the address you sent your RFE/I-693 to? Was it your local office?

Lost medicals are generally just not ordered out of storage to match up when you file AOS, misfiled in storage, or somebody lazy couldn't be arsed to pull the file. I doubt it is out there for the world to see. 

 

 

4 hours ago, f f said:

see if they will fill out the firm's again? since they should have all of the info.

They are very good about filling out medicals at Knightsbridge. BUT when the medical forms changed, a memo says ...on non-immigrant visas, leave the results blank. That's a change from their process on the previous medical forms. They won't budge on that, but they will make a notation in the comments section on page 2 of the DS-3025 that all shots for AOS have been received. Unfortunately the AOS interviewer is being a stickler about wanting to see that "complete" box checked.

 

 

The handbook for USCIS adjudicators even says before giving an RFE  to look at the vaccination sheet and see if the shots are there because some civil surgeons may not fill out the results section properly. But we are speculating that is the issue. What was the date of the visa medical? 

[Sarasota 178]

1 hour ago, Wuozopo said:

It seems like she would have said your medical is expired if it was too old. Filled out to our standards sounds like the results section on the vaccination page, which they purposely leave blank at Knightsbridge based on instructions they have.  It also sounds like she is not sure of her instructions. 

 

 

Lost medicals are generally just not ordered out of storage to match up when you file AOS, misfiled in storage, or somebody lazy couldn't be arsed to pull the file. I doubt it is out there for the world to see. 

 

 

They are very good about filling out medicals at Knightsbridge. BUT when the medical forms changed, a memo says ...on non-immigrant visas, leave the results blank. That's a change from their process on the previous medical forms. They won't budge on that, but they will make a notation in the comments section on page 2 of the DS-3025 that all shots for AOS have been received. Unfortunately the AOS interviewer is being a stickler about wanting to see that "complete" box checked.

 

 

The handbook for USCIS adjudicators even says before giving an RFE  to look at the vaccination sheet and see if the shots are there because some civil surgeons may not fill out the results section properly. But we are speculating that is the issue. What was the date of the visa medical? 

Yes looking back everything she said pointed towards this being the issue. Medical was taken November 11th so not yet expired.

 

Do you have any recommendations what to do? I am going to write a letter explaining the Knightsbridge issue. The address for the local USCIS says not to post documents there but I might try. Or even post it to the Chicago lock box... I'm not sure where RFEs are usually sent.

[Jmc1 13]

I received an RFE for my AOS asking me to get a new medical. I'm not entirely sure what went wrong (I had medical at Knightsbridge, plus updated vaccinations 'translated' in US), and whilst I was most annoyed by the situation, I decided to just re-do the full medial asap exactly as they requested. A dull way to blow $250, but it was worth it when my AOS was approved two weeks later. If I thought there was a party at fault I'd have taken that up separately.

 

 

[Wuozopo 4,290]

9 hours ago, hjriach said:

Yes looking back everything she said pointed towards this being the issue. Medical was taken November 11th so not yet expired.

 

Do you have any recommendations what to do? I am going to write a letter explaining the Knightsbridge issue. The address for the local USCIS says not to post documents there but I might try. Or even post it to the Chicago lock box... I'm not sure where RFEs are usually sent.

 

An RFE always comes with a paper that says the issue, what address to reply to, and how long you have.  And the (yellow??) paper is to be returned with your response. So unless you have that kind of RFE, you don't want to be randomly mailing something off to an address somebody else used for their RFE.  

 

If your officer needs additional info, you should have been given information in writing of exactly what is needed and  how to get it back to her. So what were you given?

 

Two pieces of info I would use are--

 

The policy manual

The officer should be aware that civil surgeons may improperly mark the boxes because they may misunderstand the meaning of these boxes. Therefore, the officer should determine, from the vaccination assessment completed by the civil surgeon, whether the applicant received all vaccines, which blanket waivers should be granted, and whether the applicant requires any other waivers. The officer should exercise discretion in reviewing the vaccination chart and when evaluating the results boxes at the bottom of the vaccination assessment chart. If the civil surgeon did not check any result boxes, the officer should only return the form for corrective action if he or she is unable to ascertain whether the applicant is admissible. "

 

The instructions of the I-693

1. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

   If you were admitted as a:

   1. K-1 ancé(e) or a K-2 child of a K-1 ancé(e); or

   2. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

   3. You received a medical examination prior to admission, then:

      1. (1)  You are not required to have another medical examination as long as you le your Form I-485 within one year of an overseas medical examination; and

         1. (a)  The panel physician did not nd a class A medical condition during your overseas examination; or

         2. (b)  The panel physician did nd a class A medical condition, you received a waiver of inadmissibility, and

            you have complied with the terms and conditions of the waiver.

      2. (2)  Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included
         as part of the original overseas medical examination report, you will have to have the Part 9. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 3., 4., 6., and 9. of Form I-693. 

 

This would be a good time to get your congressman's office involved. You sign a release and they may inquire on your behalf. They are guaranteed a quick response. I would provide them with those two pieces of information so they can ask the pertinent questions you want answered.  They are not immigration experts so provide them with as much knowledge as you can. Otherwise, they ask "What is wrong with the case?" And get the answer "Needs a new medical." Done. 

• My medical date of xxxxxx was less than one year ago and is not expired.
• I have all required shots signed off by a panel physician on form DS-3025. It is stated on page 2 that all shots were received. The shots and their dates are listed on page 1. 
• Why was adjustment of status not approved on the grounds of medical information?

 

Alternately, you could make an Infopass appointment at your same local office and ask those questions yourself. 

[Andrea&Henry 311]

I've seen cases like yours but not the same embassy where they pretty much didn't fill the vaccination page correctly. What I've seen many of them did (and worked for not all of them) is just to ask for transcript of the vaccination and were lucky enough to get a discount and even walked out without paying but is not always the case. Unfortunately you can't get a refund.... If your medical results are expire on top of the mistake you will have to pay the $250 or whatever it is now. I mean, it wont hurt for you to try to get a discount at least

[Ksenia_O 695]

19 hours ago, hjriach said:

Hi all,

 

I had my AOS interview today. They claim my patient summaries weren't filled in to a correct standard from my K-1 medical in London. I now need a new medical done by a USCIS civil surgeon.

 

I think I already know the answer to this, but is there any way I can get the money back for the fee of the new medical? Has anyone else been in this situation?

 

Thanks

Hi,
So, were you just told you would need a new medical and nothing was given to you?... 

 

If you weren't given any RFE Letter of something, I wouldn't send anything, for now.. Wait 2-3 weeks and  I believe , if a new medical is really a case, you should receive an RFE in the mail box. The Letter (envelope) will have an exact return address, and a name of the person who handles your case (Attn). Also, you will be given a term to accomplish your new  medical and send it back.. 

 

If nothing in the mail after that, I'd make an InfoPass or call USCIS and try to get on hold a Tier 2 Immigration Officer. They have an access to the cases and could tell you what's going on. Explain the situation that you were told about new medical needed, but it wasn't mentioned where and how and whose Attn you are supposed to mail the results.. 

But I believe you cannot just send your letter to the  local office or to  Chicago Lock box .. Actually, yes, you can, but  most likely it won't be even paid attention at.

 

Edited October 3, 2017 by Ksenia_O

[Ksenia_O 695]

 

To confirm you shouldn't send your info without having a return address.

 

https://www.uscis.gov/i-693

 

"If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”). - not an option any more, right?
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS). - I still believe if to re-do your medical is the case, you'll have an RFE in the mail
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required). - you weren't given anything.. ??

Other applicants: Follow the instructions on or included with the application or the instructions given to you by the office requesting the medical examination"

 

 

I also had an RFE to re-do my medical.. Two, actually, for K1& K2.. I know exactly how it feels..  But it is also such a relief when 3-4 weeks later you have your I-485 approval!!!

 

P.S. Sure, you can get your congress person involved and try to "prove" USCIS is wrong, requesting a new medical..... But I, personally, just would have another medical and be done with I-485. That's what we actually did

[Sarasota 178]

56 minutes ago, Wuozopo said:

 

An RFE always comes with a paper that says the issue, what address to reply to, and how long you have.  And the (yellow??) paper is to be returned with your response. So unless you have that kind of RFE, you don't want to be randomly mailing something off to an address somebody else used for their RFE.  

 

If your officer needs additional info, you should have been given information in writing of exactly what is needed and  how to get it back to her. So what were you given?

 

Two pieces of info I would use are--

 

The policy manual

The officer should be aware that civil surgeons may improperly mark the boxes because they may misunderstand the meaning of these boxes. Therefore, the officer should determine, from the vaccination assessment completed by the civil surgeon, whether the applicant received all vaccines, which blanket waivers should be granted, and whether the applicant requires any other waivers. The officer should exercise discretion in reviewing the vaccination chart and when evaluating the results boxes at the bottom of the vaccination assessment chart. If the civil surgeon did not check any result boxes, the officer should only return the form for corrective action if he or she is unable to ascertain whether the applicant is admissible. "

 

The instructions of the I-693

1. What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

   If you were admitted as a:

   1. K-1 ancé(e) or a K-2 child of a K-1 ancé(e); or

   2. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

   3. You received a medical examination prior to admission, then:

      1. (1)  You are not required to have another medical examination as long as you le your Form I-485 within one year of an overseas medical examination; and

         1. (a)  The panel physician did not nd a class A medical condition during your overseas examination; or

         2. (b)  The panel physician did nd a class A medical condition, you received a waiver of inadmissibility, and

            you have complied with the terms and conditions of the waiver.

      2. (2)  Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included
         as part of the original overseas medical examination report, you will have to have the Part 9. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 3., 4., 6., and 9. of Form I-693. 

 

This would be a good time to get your congressman's office involved. You sign a release and they may inquire on your behalf. They are guaranteed a quick response. I would provide them with those two pieces of information so they can ask the pertinent questions you want answered.  They are not immigration experts so provide them with as much knowledge as you can. Otherwise, they ask "What is wrong with the case?" And get the answer "Needs a new medical." Done. 

• My medical date of xxxxxx was less than one year ago and is not expired.
• I have all required shots signed off by a panel physician on form DS-3025. It is stated on page 2 that all shots were received. The shots and their dates are listed on page 1. 
• Why was adjustment of status not approved on the grounds of medical information?

 

Alternately, you could make an Infopass appointment at your same local office and ask those questions yourself. 

 

41 minutes ago, Ksenia_O said:

Hi,
So, were you just told you would need a new medical and nothing was given to you?... 

 

If you weren't given any RFE Letter of something, I wouldn't send anything, for now.. Wait 2-3 weeks and  I believe , if a new medical is really a case, you should receive an RFE in the mail box. The Letter (envelope) will have an exact return address, and a name of the person who handles your case (Attn). Also, you will be given a term to accomplish your new  medical and send it back.. 

 

If nothing in the mail after that, I'd make an InfoPass or call USCIS and try to get on hold a Tier 2 Immigration Officer. They have an access to the cases and could tell you what's going on. Explain the situation that you were told about new medical needed, but it wasn't mentioned where and how and whose Attn you are supposed to mail the results.. 

But I believe you cannot just send your letter to the  local office or to  Chicago Lock box .. Actually, yes, you can, but  most likely it won't be even paid attention at.

 

 

7 minutes ago, Ksenia_O said:

 

To confirm you shouldn't send your info without having a return address.

 

https://www.uscis.gov/i-693

 

"If you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

• Submit Form I-693 by mail, together with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see “Direct Filing Addresses for Form I-485”). - not an option any more, right?
• Submit Form I-693 by mail, after filing your Form I-485, to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS). - I still believe if to re-do your medical is the case, you'll have an RFE in the mail
• Submit Form I-693 in person, at an interview in a USCIS field office (if an interview is required). - you weren't given anything.. ??

Other applicants: Follow the instructions on or included with the application or the instructions given to you by the office requesting the medical examination"

 

 

I also had an RFE to re-do my medical.. Two, actually, for K1& K2.. I know exactly how it feels..  But it is also such a relief when 3-4 weeks later you have your I-485 approval!!!

 

P.S. Sure, you can get your congress person involved and try to "prove" USCIS is wrong, requesting a new medical..... But I, personally, just would have another medical and be done with I-485. That's what we actually did

Thanks for all your help guys,

 

I've decided against blindly mailing a letter to local USCIS. I was not handed anything at the interview but was informed I would get a letter in the mail.

 

My UK medical was taken November 10th 2016, so I have just over a month until it is 'expired'. I'm not sure whether if I try and insist on using my overseas medical it will still be valid after as the policy is you must file within 1 year of the medical which I did (Mid June).

 

My congresswoman didn't have a privacy release form on her website so I have contacted my senator as she did have this form. I basically wrote exactly what @Wuozopo suggested.

 

I'm still accepting that chances are I will need a new medical but I think it's worth a try,

 

Thanks all!

[Scandi 3,982]

I haven't yet found any information whatsoever on USCIS website that says the overseas medical has an expiration date. It says that your overseas medical is valid to use for your AOS if you file within 1 year of the medical, but it doesn't say anything about the medical expiring after that.

[Sarasota 178]

5 minutes ago, Scandi said:

I haven't yet found any information whatsoever on USCIS website that says the overseas medical has an expiration date. It says that your overseas medical is valid to use for your AOS if you file within 1 year of the medical, but it doesn't say anything about the medical expiring after that.

Thanks for clarifying, I was hoping this was the case

[Pennycat 880]

2 hours ago, hjriach said:

 

 

Thanks for all your help guys,

 

I've decided against blindly mailing a letter to local USCIS. I was not handed anything at the interview but was informed I would get a letter in the mail.

 

My UK medical was taken November 10th 2016, so I have just over a month until it is 'expired'. I'm not sure whether if I try and insist on using my overseas medical it will still be valid after as the policy is you must file within 1 year of the medical which I did (Mid June).

 

My congresswoman didn't have a privacy release form on her website so I have contacted my senator as she did have this form. I basically wrote exactly what @Wuozopo suggested.

 

I'm still accepting that chances are I will need a new medical but I think it's worth a try,

 

Thanks all!

 

 

Your congressperson should be able to help you on this-- mine did. 

 

The trick is to make sure that they completely understand the issue. They basically need to explain USCIS's own rules to them regarding K1 medicals (it's tricky because I am pretty sure that this is the only group of people to go through AOS who already had medicals abroad). So pointing them to the instructions for the I-693 and explain how you meet every bullet point is a good way to go. 

 

Best of luck!

[Wuozopo 4,290]

2 hours ago, Scandi said:

I haven't yet found any information whatsoever on USCIS website that says the overseas medical has an expiration date. It says that your overseas medical is valid to use for your AOS if you file within 1 year of the medical, but it doesn't say anything about the medical expiring after that.

I agree with you but all the AOS adjudicators do not have a good grasp on exactly what the law says and the variety of interpretive responses they give to interviewees is all over the place...right or wrong may they be. K1 to AOS is big in our minds,   but is a little weird visa that doesn't follow the mold of the vast majority of adjustment cases.  Some will follow exactly because they don't know the rules themselves to discuss it at the interview. And some will challenge it with success.