Interview: RFE medical exam expired (but it was submitted within the year)

[amoeba&md 21]

Hello lovely community of VJ!

Here's what happened to us.

 

We had our AoS interview last monday. Everything was OK, but the officer wasn't sure about the I-693.

The officer said it had more than one year by the time of the interview (last monday, 08/06/2018). So, she told us to go home, and wait for a letter from them. She said it could be a 'nothing happened here' letter, or an 'RFE' letter.

Medical exam (completed): 05/02/2017
US entry (and medical package taken): 08/16/2017
Date I-485 received by USCIS (first NOA): 12/27/2017

 

Today (08/09/18) we got a wonderful RFE letter.

Part of the text on the RFE letter we received:  

"Starting June 1, 2014, USCIS changed the policy on Form I-693, Report of Medical Examination and Vaccination Record. The new policy states that all Forms I-693 are valid for only one year from the date submitted to us. The policy also states that the Form I-693 must be submitted within one year of the medical exam. The Form I-693 that you submitted does not meet both of these requirements. Please return to a Civil Surgeon to have a new medical exam."

 

Let's review their reasons.

Reason one: "The new policy states that all Forms I-693 are valid for only one year from the date submitted to us."   Then my form meets this requirement. :)

 

Reason two: "The policy also states that the Form I-693 must be submitted within one year of the medical exam."  My form meets this requirement too ! :D

And they concluded that: "The Form I-693 that you submitted does not meet both of these requirements." ... : /

 

We are thinking about scheduling an infopass appointment, to try to have a nice chat with them (we got plenty of time, since they gave us more than two months to get the I-693 submitted to them).

Any ideas? Similar experiences? Please enlighten us!

[TNJ17 1,329]

Honestly you’d be wasting your time. Too much time has passed. You have long gaps between Visa and us entry and filing which is why the medical is no longer good. They already asked for a new medical and that’s the only th8ng pending. Don’t waste your time and get a new medical and submit.

[AshMarty 359]

54 minutes ago, amoeba&md said:

Hello lovely community of VJ!

Here's what happened to us.

 

We had our AoS interview last monday. Everything was OK, but the officer wasn't sure about the I-693.

The officer said it had more than one year by the time of the interview (last monday, 08/06/2018). So, she told us to go home, and wait for a letter from them. She said it could be a 'nothing happened here' letter, or an 'RFE' letter.

Medical exam (completed): 05/02/2017
US entry (and medical package taken): 08/16/2017
Date I-485 received by USCIS (first NOA): 12/27/2017

 

Today (08/09/18) we got a wonderful RFE letter.

Part of the text on the RFE letter we received:  

"Starting June 1, 2014, USCIS changed the policy on Form I-693, Report of Medical Examination and Vaccination Record. The new policy states that all Forms I-693 are valid for only one year from the date submitted to us. The policy also states that the Form I-693 must be submitted within one year of the medical exam. The Form I-693 that you submitted does not meet both of these requirements. Please return to a Civil Surgeon to have a new medical exam."

 

Let's review their reasons.

Reason one: "The new policy states that all Forms I-693 are valid for only one year from the date submitted to us."   Then my form meets this requirement.

 

Reason two: "The policy also states that the Form I-693 must be submitted within one year of the medical exam."  My form meets this requirement too !

And they concluded that: "The Form I-693 that you submitted does not meet both of these requirements." ... : /

 

We are thinking about scheduling an infopass appointment, to try to have a nice chat with them (we got plenty of time, since they gave us more than two months to get the I-693 submitted to them).

Any ideas? Similar experiences? Please enlighten us!

My guess... (which is really only a guess).....

 

Is that your K1 window for application expired because you didn't adjust within the 90 day window of you K1 visa, hence making it non K1 application during the AOS process which would make the K1 medical invalid for the AOS because it is over a year old by the time the case went to interview....maybe??

 

But either way I would just get the medical redone and submit it to be done with the process....

Edited August 9, 2018 by AshMarty

[mushroomspore 3,043]

8 minutes ago, TNJ17 said:

Honestly you’d be wasting your time. Too much time has passed. You have long gaps between Visa and us entry and filing which is why the medical is no longer good. They already asked for a new medical and that’s the only th8ng pending. Don’t waste your time and get a new medical and submit.

I agree with this. RFE's are official documents from USCIS that must be responded to with the appropriate paperwork within the time limit. They're not meant to be interpretative or argued about. If you fail to respond correctly, it results in a denial. End of story.

Edited August 9, 2018 by mushroomspore

[amoeba&md 21]

Thank you for all for your replies.

However, I think they're not quite relevant.

 

57 minutes ago, TNJ17 said:

Honestly you’d be wasting your time. Too much time has passed. You have long gaps between Visa and us entry and filing which is why the medical is no longer good. They already asked for a new medical and that’s the only th8ng pending. Don’t waste your time and get a new medical and submit.

First of all: medical exam date 05/02/2017.

I-485 was filed on december 2017. It was within a year of the medical exam. There is no long gap there, as the I-693 instructions state:

 

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

If you were admitted as a:

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

 

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

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

 

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

Everything correct here.

 

50 minutes ago, AshMarty said:

My guess... (which is really only a guess).....

 

Is that your K1 window for application expired because you didn't adjust within the 90 day window of you K1 visa, hence making it non K1 application during the AOS process which would make the K1 medical invalid for the AOS because it is over a year old by the time the case went to interview....maybe??

 

But either way I would just get the medical redone and submit it to be done with the process....

We got married within the 90 days, and filed the I-485, one month after that. Everything correct here too.

 

51 minutes ago, mushroomspore said:

I agree with this. RFE's are official documents from USCIS that must be responded to with the appropriate paperwork within the time limit. They're not meant to be interpretative or argued about. If you fail to respond correctly, it results in a denial. End of story.

As we stated before "We are thinking about scheduling an infopass appointment, to try to have a nice chat with them (we got plenty of time, since they gave us more than two months to get the I-693 submitted to them)."

Fortunately, we can get an infopass appointment here really fast, so we can give it a try. If we fail, we will do the medical within the time frame given by them.

So we'll try the infopass, while we are checking the authorized doctors/clinics in our area.

 

 

[Alabamak1 688]

@amoeba&md as suggested by other VJ....just get another medical done. An IO may or not like your chat. Remember those are bureaucrats that have your faith in their hand and not the other way. Why not just pay the fee and let it be done. Fixing a denial for AOS is an uphill battle or impossible. Good luck 

[TNJ17 1,329]

Why would you wanna piss someone off at USCIS? I never said you didn’t anything wrong, all I said was you had long gaps, you waited months before Poe, then you married months later, etc. all that adds up time which is why your medical expired. You came here for advice and you got it. We’re not saying anything you don’t already know. But you know how immigration officers are and having a nice chat with them is something simply unheard of. They already gave you their response and no matter how much you try you’re not gonna change their minds. Your medical is long expired and they were right to ask you for another. You should be happy that this is not a denial and all you need is to submit another. Why stir up a storm by “having a nice chat with them”? 

Edited August 10, 2018 by TNJ17

[amoeba&md 21]

2 minutes ago, TNJ17 said:

Why would you wanna piss someone off at USCIS? I never said you didn’t anything wrong, all I said was you had long gaps, you waited months before Poe, then you married months later, etc. all that adds up time which is why your medical expired. You came here for advice and you got it. We’re not saying anything you don’t already know. But you know how immigration officers are and having a nice chat with them is something simply unheard of. They already gave you their response and no matter how much you try you’re not gonna change their minds. Your medical is long expired and they were right to ask you for another. You should be happy that this is not a denial and all you need is to submit another. Why stir up a storm but “having a nice chat with them”? 

Thanks for the reply.

I do understand your point. Maybe I'm just naive for thinking I can have a nice chat with them.

 

The medical is expired now (it expired on May 2nd), but it wasn't when we filed the AoS package.

 

As the I-693 instructions state: “3.4.What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

If you were admitted as a:

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

 

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

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

 

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

We did file within a year, despite the delays you mentioned (medical was done in May 2017, AoS filed in December 2017).

 

I sincerely don't think they would have grounds for a denial; just basing it on an infopass to check whether they have considered or not this information written in the instructions of the same form they are requesting to be done again.

We did everything as it was supposed to be done, in timely manner, and the officers here seemed to be really nice so far. When I said a nice chat, I really intended to say that.

Would asking them politely to consider that information really transform this into an immigration tragedy (denial)? It's a possibility, yeah...

But it could turn out well, and not only for our case, but also for other people in the same situation, by letting the officer get to know that information too.

 

In any case, we are really considering, carefully, all the advices given here.

 

Thanks again.

[AshMarty 359]

5 minutes ago, amoeba&md said:

Thanks for the reply.

I do understand your point. Maybe I'm just naive for thinking I can have a nice chat with them.

 

The medical is expired now (it expired on May 2nd), but it wasn't when we filed the AoS package.

 

As the I-693 instructions state: “3.4.What if I am a K nonimmigrant visa holder and already had a medical examination overseas?

If you were admitted as a:

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

 

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

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

 

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

We did file within a year, despite the delays you mentioned (medical was done in May 2017, AoS filed in December 2017).

 

I sincerely don't think they would have grounds for a denial; just basing it on an infopass to check whether they have considered or not this information written in the instructions of the same form they are requesting to be done again.

We did everything as it was supposed to be done, in timely manner, and the officers here seemed to be really nice so far. When I said a nice chat, I really intended to say that.

Would asking them politely to consider that information really transform this into an immigration tragedy (denial)? It's a possibility, yeah...

But it could turn out well, and not only for our case, but also for other people in the same situation, by letting the officer get to know that information too.

 

In any case, we are really considering, carefully, all the advices given here.

 

Thanks again.

I am just going to play devils adovcate here as the arguement of the potiential CO. Whether this is right or wrong not up to us because we aren’t making the decision on your medical. 

 

 

Upon application of AoS you K1 status expired because you didn’t applied for Adjustment of status within 90 days (yes you married but didn’t adjust) so you had about a month when your status was not protected in the US. (Doesn’t typically matter because once you apply for AOS you will then have protected status again). But since you didn’t apply for AOS within the 90 window the application is no longer being adjudicated from the K1 visa (the K1 expired before you applied) but now just an overstay. Which means your medical no longer falls under the K1 exception. 

 

Who knows if it is accurate but I can easily see the CO having this argument. Which I can see the policy manual potientally being interpreted this way. 

 

Again the CO is the final decision not us on VJ. But their decisions and interpretations are all over the place. 

 

[amoeba&md 21]

Oh, I forgot something else.

When we got the interview appointment letter it detailed everything we need to take, and "bring your form I-693 (unless already submitted)".

 

If it was long expired, why didn't they ask for it in that letter?

 

 

[mushroomspore 3,043]

4 minutes ago, amoeba&md said:

Oh, I forgot something else.

When we got the interview appointment letter it detailed everything we need to take, and "bring your form I-693 (unless already submitted)".

 

If it was long expired, why didn't they ask for it in that letter?

 

 

Because I'm pretty sure the interview notice is a mostly-boilerplate standardized letter where they only change the names, addresses,  interview dates, interview times and field office locations. I don't think desk workers are typing each single letter up and customizing the required documents list to each specific case.

[amoeba&md 21]

4 minutes ago, AshMarty said:

I am just going to play devils adovcate here as the arguement of the potiential CO. Whether this is right or wrong not up to us because we aren’t making the decision on your medical. 

 

 

Upon application of AoS you K1 status expired because you didn’t applied for Adjustment of status within 90 days (yes you married but didn’t adjust) so you had about a month when your status was not protected in the US. (Doesn’t typically matter because once you apply for AOS you will then have protected status again). But since you didn’t apply for AOS within the 90 window the application is no longer being adjudicated from the K1 visa (the K1 expired before you applied) but now just an overstay. Which means your medical no longer falls under the K1 exception. 

 

Who knows if it is accurate but I can easily see the CO having this argument. Which I can see the policy manual potientally being interpreted this way. 

 

Again the CO is the final decision not us on VJ. But their decisions and interpretations are all over the place. 

 

Thanks for the reply.

 

This is really interesting! I get what you mean, and it makes sense.

 

[amoeba&md 21]

1 minute ago, mushroomspore said:

Because I'm pretty sure the interview notice is a mostly-boilerplate standardized letter where they only change the names, addresses,  interview dates, interview times and field office locations. I don't think desk workers are typing each single letter up and customizing the required documents list to each specific case.

Thanks for the reply.

 

That's what we thought...

[EM_Vandaveer 2,368]

I wouldn't argue. I understand that it's expensive to get another medical. Shop around. Back in 2011 I got mine for $250 or $300. (Not counting shots but I went to the Health Department for those.)

[Dutchster 1,106]

11 hours ago, AshMarty said:

I am just going to play devils adovcate here as the arguement of the potiential CO. Whether this is right or wrong not up to us because we aren’t making the decision on your medical. 

 

 

Upon application of AoS you K1 status expired because you didn’t applied for Adjustment of status within 90 days (yes you married but didn’t adjust) so you had about a month when your status was not protected in the US. (Doesn’t typically matter because once you apply for AOS you will then have protected status again). But since you didn’t apply for AOS within the 90 window the application is no longer being adjudicated from the K1 visa (the K1 expired before you applied) but now just an overstay. Which means your medical no longer falls under the K1 exception. What???? This doesn't make sense at all.

 

There is no time limit to adjust status. You already fulfill the purpose of the K-1 visa by marrying within the 90 days. The K-1 visa is invalid after use so you have authorized stay because of your I-94, once that expires you are out of status but still, there is no time frame to when one should file AOS. It's recommended to file within the 90 days just to stay in authorized stay. That's all. There is no "no longer being adjudicated from the K-1 visa because you didn't adjust in time" You can only adjust in the US because of the K-1 and the US petitioner.