adjustment of status My green card has been denied because of the doctors mistakes!

[VinceKath 60]

13 hours ago, Mmagic said:

I know you are one of the informed VJ  members in here...Can you comment on my case?

I am a K1 applicant in 2016.

1-I took my Medical Exam in Singapore on September 2016

2- I had my Visa on January 13th. 2017

3-Arrived in the States on February 25th.2017

4- Got married on March 24th. 2017

5- Applied for AOS on May 31st. 2017

6- Had my interview this June 9th, 2018

7- Officer told me I need a new Medical Exam since my old one already expired (More than 12 months) and why would he say my exam expired on  March of this year? 

 

Thanks

 

I'm really confused as well, but I've read on a different forum that the 12 months expiration of your medical exam actually starts from when USCIS received your medical files. This would make sense on your case since you arrived in US Feb 25th 2017, that's when you handed your medical files, so they probably started the count from March 2017 - March 2018. I'm not sure how accurate this is.

 

In our case, we will have our AOS interview this coming July 2018, my wife had her medical exam in Philippines back on March 2017, she arrived in US on May 2017, so going by your case, I'm assuming that her medical exam expired in June of this year. Seeing as some people get by without having to complete a new one even after the year passes, I'm contemplating whether we should just go in the interview without having to go get a new medical exam, worst case scenario is they just give us an RFE to submit a new one, if we get lucky we save around $295 which is what a new medical exam would cost around my area.  

[Orangesapples 1,954]

23 minutes ago, VinceKath said:

I'm really confused as well, but I've read on a different forum that the 12 months expiration of your medical exam actually starts from when USCIS received your medical files. This would make sense on your case since you arrived in US Feb 25th 2017, that's when you handed your medical files, so they probably started the count from March 2017 - March 2018. I'm not sure how accurate this is.

 

In our case, we will have our AOS interview this coming July 2018, my wife had her medical exam in Philippines back on March 2017, she arrived in US on May 2017, so going by your case, I'm assuming that her medical exam expired in June of this year. Seeing as some people get by without having to complete a new one even after the year passes, I'm contemplating whether we should just go in the interview without having to go get a new medical exam, worst case scenario is they just give us an RFE to submit a new one, if we get lucky we save around $295 which is what a new medical exam would cost around my area.  

I suggest you to print out the USCIS instructions for the medical, highlight the part about k visas and bring it to the interview in case you get an incompetent officer. 

[Mari181 30]

3 hours ago, geowrian said:

A new medical should not be required by the IO so long as you file within the 1 year period of the old medical. This is in their own AFM/USCIS Policy Manual regarding AOS. Unfortunately, not all IOs know this and it's usually faster and simpler to comply than challenge it.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B

"4. K or V Nonimmigrants Applying for Adjustment ^[26]

 

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

•The medical examination did not reveal a Class A medical condition; or

•The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27] "

...

"An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE). "

I am a little confused to be honest... I had my first medical exam ( for my K1 visa) in my country of origin on October 2015, we applied of AOS on February 2016. I had my interview on November 2016 where the IO told me that my medical test is expired and I need to do the other one.

[Mari181 30]

1 hour ago, Orangesapples said:

I suggest you to print out the USCIS instructions for the medical, highlight the part about k visas and bring it to the interview in case you get an incompetent officer. 

I would not suggest you to go to the interview without a new medical test.... That is exactly what happened with me... If I knew that time, I would come for the interview with a new medical test, I would be with my greed card! I would see the doctor's mistake with my own eyes and I would solve that problem without confusion. It is always better to communicate the problem right there, but not by getting the notices from them....

[geowrian 22,336]

16 minutes ago, Mari181 said:

I am a little confused to be honest... I had my first medical exam ( for my K1 visa) in my country of origin on October 2015, we applied of AOS on February 2016. I had my interview on November 2016 where the IO told me that my medical test is expired and I need to do the other one.

Unless you met the exceptions noted above, he/she was incorrect in requiring a new one. At the same time, him/her being incorrect doesn't do anything for actually getting you a green card.

[Mari181 30]

12 minutes ago, geowrian said:

Unless you met the exceptions noted above, he/she was incorrect in requiring a new one. At the same time, him/her being incorrect doesn't do anything for actually getting you a green card.

I’m really very frustrated. I don't know what to do and how long I will have to wait! How many times more I will have to do my medical tests! I'm married for 2,5 years now, we applied for the permanent residency. So the PR (10 years GC) doesn't require the medical test any more, but I still have to do it every year because of that confusion! We already spent about $1200 just on medical! I told my husband that probably we should write to a Senator. I don't know if he can help... What do you guys think?

Edited June 20, 2018 by Mari181

[Mari181 30]

10 minutes ago, Mari181 said:

I’m really very frustrated. I don't know what to do and how long I will have to wait! How many times more I will have to do my medical tests! I'm married for 2,5 years now, we applied for the permanent residency. So the PR (10 years GC) doesn't require the medical test any more, but I still have to do it every year because of that confusion! We already spent about $1200 just on medical! I told my husband that probably we should write to a Senator. I don't know if he can help... What do you guys think?

Regarding USCIS new time lines for Florida I will have to wait for my interview 2 years more!!!! It will 2020!!! I just pray that my granny will stay alive by that time and I could hug her. Guys, I do not know if I can handle it!! By that time it will be 4 years since I did not see my mom, sister, granny and my adorable pug!!! May be it seems funny for someone, but it hurts me, it destroys me, it doesn't let me to be happy. I would never do it if not my husband...I'm going through that nightmare just for him

[Mmagic 127]

2 minutes ago, Mari181 said:

Regarding USCIS new time lines for Florida I will have to wait for my interview 2 years more!!!! It will 2020!!! I just pray that my granny will stay alive by that time and I could hug her. Guys, I do not know if I can handle it!! By that time it will be 4 years since I did not see my mom, sister, granny and my adorable pug!!! May be it seems funny for someone, but it hurts me, it destroys me, it doesn't let me to be happy. I would never do it if not my husband...I'm going through that nightmare just for him

I would really contact your senator in your area or give them a visit and if you are lucky they will help or respond. In my case, I tried to contact my representative for my area when my case was taking too long, I thought. I have to say they never replied or even followed up with my inquiry and I send them money inquires...But most cases your senator office will help big times in expediting a case. 

[Mari181 30]

Just now, Mmagic said:

I would really contact your senator in your area or give them a visit and if you are lucky they will help or respond. In my case, I tried to contact my representative for my area when my case was taking too long, I thought. I have to say they never replied or even followed up with my inquiry and I send them money inquires...But most cases your senator office will help big times in expediting a case. 

Thank you for your answer. But my husband believes that we can not write him now, because we just filed my AOS (on January this year) He said that it is too early and what had happened is in the past and we can not refer to that...we have a new AOS case and a new path to go. But I feel like anyone can do anything they want with me and I can not do anything, I feel helpless...

[Mmagic 127]

1 minute ago, Mari181 said:

Thank you for your answer. But my husband believes that we can not write him now, because we just filed my AOS (on January this year) He said that it is too early and what had happened is in the past and we can not refer to that...we have a new AOS case and a new path to go. But I feel like anyone can do anything they want with me and I can not do anything, I feel helpless...

Just cross your fingers then and be patient. Good luck!!

[Mari181 30]

Just now, Mmagic said:

Just cross your fingers then and be patient. Good luck!!

Thank you! 

[Orangesapples 1,954]

17 minutes ago, Mari181 said:

Regarding USCIS new time lines for Florida I will have to wait for my interview 2 years more!!!! It will 2020!!! I just pray that my granny will stay alive by that time and I could hug her. Guys, I do not know if I can handle it!! By that time it will be 4 years since I did not see my mom, sister, granny and my adorable pug!!! May be it seems funny for someone, but it hurts me, it destroys me, it doesn't let me to be happy. I would never do it if not my husband...I'm going through that nightmare just for him

Omg, that's insane! Two people messed up - the USCIS officer who asked for a new medical and the doctor. And later the lawyer. It's insane that you're in this situation. I'm sorry. 

[Mari181 30]

Just now, Orangesapples said:

Omg, that's insane! Two people messed up - the USCIS officer who asked for a new medical and the doctor. And later the lawyer. It's insane that you're in this situation. I'm sorry. 

You are right! The lawyer also! If he would try to learn the situation it would never happen! He just did not care. He was with us on the interview, but he did not say a word...He blames the doctor. We hired him because he is an expensive lawyer, he has good reviews and reputation and we really believed him and relied on him. But it was our fault. So we are paying for that now.  People pls, do not trust the lawyers. Be your own lawyer for yourself! 

[Orangesapples 1,954]

2 minutes ago, Mari181 said:

You are right! The lawyer also! If he would try to learn the situation it would never happen! He just did not care. He was with us on the interview, but he did not say a word...He blames the doctor. We hired him because he is an expensive lawyer, he has good reviews and reputation and we really believed him and relied on him. But it was our fault. So we are paying for that now.  People pls, do not trust the lawyers. Be your own lawyer for yourself! 

Definitely leave him bad reviews everywhere you can. 

[Mari181 30]

Just now, Orangesapples said:

Definitely leave him bad reviews everywhere you can. 

I did