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

[Sarasota 178]

7 minutes ago, Wuozopo said:

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. 

My interviewer also seemed mildly surprised that I already had a SSN. I explained I was eligible to apply after arriving with a K-1. It seemed like she was used to explaining to interviewees how to get one post green card/passport stamp

[Sarasota 178]

1 hour ago, CatherineA said:

 

 

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!

Yeah I tried to spell it out clearly in my letter quoting the i693 instructions and USCIS handbook, also explaining how Knightsbridge don't tick either boxes, second page etc. I hope writing to the senator is just as good as congresswoman...

[Pennycat 880]

6 minutes ago, hjriach said:

Yeah I tried to spell it out clearly in my letter quoting the i693 instructions and USCIS handbook, also explaining how Knightsbridge don't tick either boxes, second page etc. I hope writing to the senator is just as good as congresswoman...

 

Yes, they should be just as good. I generally advise to go to your member of Congress only because they represent fewer people (they represent a district of around 400,000 people, Senators represent an entire state)-- but Senators have more people on staff, at least in DC (I am not sure about their district offices). But really, they all have the same type of people on staff with the same authority and same access so it's not a big deal. Like anything, one office could be busier than another, the person with immigration issues in their portfolio may be on vacation, or be new, or never seen this issue before, but at the end of the day, they'll all get the job done  (My first job out of college was working at my Congressman's local office doing exactly this kind of stuff!)

[Sarasota 178]

16 minutes ago, CatherineA said:

 

Yes, they should be just as good. I generally advise to go to your member of Congress only because they represent fewer people (they represent a district of around 400,000 people, Senators represent an entire state)-- but Senators have more people on staff, at least in DC (I am not sure about their district offices). But really, they all have the same type of people on staff with the same authority and same access so it's not a big deal. Like anything, one office could be busier than another, the person with immigration issues in their portfolio may be on vacation, or be new, or never seen this issue before, but at the end of the day, they'll all get the job done  (My first job out of college was working at my Congressman's local office doing exactly this kind of stuff!)

Thanks for your kind words. Congresswoman would have been my first choice but without the privacy release I don't think it would get very far. Now I'll have to wait and see what they say

[Pennycat 880]

2 minutes ago, hjriach said:

Thanks for your kind words. Congresswoman would have been my first choice but without the privacy release I don't think it would get very far. Now I'll have to wait and see what they say

Not a problem-- it seems like this way was faster (again with them all being a bit different). The Senator had a privacy release on their site but the Congressman didn't? Yeah, that could save a day or so. Either way, I am confident that you'll get this resolved, this is a known issue and many before you (and me!) have gotten it straightened out. Best of luck!

[Scandi 3,977]

1 hour ago, Wuozopo said:

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. 

Of course, tons of people get RFEs for "expired medicals" when they adjust from a K-1. I just added that I have never seen anything on USCIS website that says an overseas medical actually expires if you file for AOS within 1 year of the date of the medical. Seems like many think that it does expire, and maybe it does - but I have never seen any proof of it.

Edited October 3, 2017 by Scandi

[Sarasota 178]

An update to all those following.

 

I attended an infopass appointment last tuesday. Luckily it was the same officer who interviewed me and she remembered my case.

 

Once I showed her page 2 and she read it she told me 'based on this I agree with you' and that she would pull my file later that week. She said maybe page 2 wasn't there in my file, and if it was she apologised for the oversight.

 

Today I just got my i-797 notice of I-485 approval in the mail! No medical or civil surgeon needed. 

 

Thanks to everyone for your help.

[Ksenia_O 695]

2 minutes ago, hjriach said:

An update to all those following.

 

I attended an infopass appointment last tuesday. Luckily it was the same officer who interviewed me and she remembered my case.

 

Once I showed her page 2 and she read it she told me 'based on this I agree with you' and that she would pull my file later that week. She said maybe page 2 wasn't there in my file, and if it was she apologised for the oversight.

 

Today I just got my i-797 notice of I-485 approval in the mail! No medical or civil surgeon needed. 

 

Thanks to everyone for your help.

 Congrats!!!!!

[cyanmavi 101]

1 hour ago, hjriach said:

An update to all those following.

 

I attended an infopass appointment last tuesday. Luckily it was the same officer who interviewed me and she remembered my case.

 

Once I showed her page 2 and she read it she told me 'based on this I agree with you' and that she would pull my file later that week. She said maybe page 2 wasn't there in my file, and if it was she apologised for the oversight.

 

Today I just got my i-797 notice of I-485 approval in the mail! No medical or civil surgeon needed. 

 

Thanks to everyone for your help.

Thanks for the update and congratulations!

[Wuozopo 4,285]

2 hours ago, hjriach said:

An update to all those following.

 

I attended an infopass appointment last tuesday. Luckily it was the same officer who interviewed me and she remembered my case.

 

Once I showed her page 2 and she read it she told me 'based on this I agree with you' and that she would pull my file later that week. She said maybe page 2 wasn't there in my file, and if it was she apologised for the oversight.

 

Today I just got my i-797 notice of I-485 approval in the mail! No medical or civil surgeon needed. 

 

Thanks to everyone for your help.

 

Resolved in 2 weeks without spending money on a civil surgeon. Well done! 

[Sarasota 178]

2 hours ago, Wuozopo said:

 

Resolved in 2 weeks without spending money on a civil surgeon. Well done! 

Yeah, glad I fought my corner. The only USCIS civil surgeon that could see me in time wanted close to $400 for the whole medical or $100 just to transcribe the vaccination history... 

 

They were 2 stressful weeks  cheers again

[Burningman 0]

I'm sorry to hear this happened to you I fear it may be the same story for us... Also our original interview was cancelled and our medical would have been in date for this interview however the new date means our medical has expired about 15 days ago... I know it can depend on the person interviewing you as to whether they can request you get a new medical. My question is with your request for a new medical what is your new timeline of getting your green card? Did they say once you have the new medical come back and we give you the card or they are making you wait for a new date? 

[Sarasota 178]

1 minute ago, Burningman said:

I'm sorry to hear this happened to you I fear it may be the same story for us... Also our original interview was cancelled and our medical would have been in date for this interview however the new date means our medical has expired about 15 days ago... I know it can depend on the person interviewing you as to whether they can request you get a new medical. My question is with your request for a new medical what is your new timeline of getting your green card? Did they say once you have the new medical come back and we give you the card or they are making you wait for a new date? 

With regards to your medical being over a year old I believe it's a grey area. The rules say you must file form i485 within 1 year of the medical. So you may be okay or you may not, I'd bring this point up if they question this.

 

I resolved my issue at an infopass appointment. The problem was London do not tick complete or incomplete on form DS-3025. They write that vaccinations are complete on page 2 in the remarks section. My interviewing officer was not aware of this. You may have this same issue at your interview, make sure you bring this up if they say it is incomplete.

 

They said once I had a new medical I'd get the green card but it could delay my case 30-90 days.

 

I had my i485 case approved yesterday