Medical Exam Expiration

[#Brava 24]

Hello! I have an AOS interview next month which is going to be about 1 year and 2 months since I filed my I-485. I got my medical exam done right before my K1 visa interview which was about 1 year and 5 months ago and then I handed the envelope to the immigration at my POE. Do I need to complete another medical exam for the interview or do I just need to present my vaccination records? I’ve read a lot of conflicting infortmation on here so I’m not sure what to do. Some people say there’s new requirements from 2017 according to which I need to get it done again while others say I don’t. So what should do? I’d appreciate any help! 

[geowrian 22,337]

IN your circumstances, you are not required to have a new medical/I-693. However, the IO can still request one. Basically, the law permits them to waive the requirement when you AOS from K-1 and file within 1 year of the medical exam, but they are not required to waive it either.

[Breeze2016 1]

We received a letter for our K-1 AOS interview that said that "As of June 1, 2014, USCIS has limited the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS."   If they don't enforce this, then great for you.  But maybe don't count on it.  I assure you the examiner asked for the new medical exam on our interview.   

 

 

[geowrian 22,337]

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

"Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full medical exam in the United States for purposes of adjustment of status. ^[26] "

 

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]"

 

Not required does not mean it cannot be requested either, as noted above.

 

Edit: 1 more...

https://www.ecfr.gov/cgi-bin/text-idx?&node=pt8.1.245

"§245.5   Medical examination.

Pursuant to section 232(b) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fianceé, or fianceeé of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status. Any applicant certified under paragraphs (1)(A)(ii) or (1)(A)(iii) of section 212(a) of the Act may appeal to a Board of Medical Officers of the U.S. Public Health Service as provided in section 234 of the Act and part 235 of this chapter.

[56 FR 49841, Oct. 2, 1991, as amended at 62 FR 10384, Mar. 6, 1997; 66 FR 42595, Aug. 14, 2001]"

Edited September 20, 2018 by geowrian

[Breeze2016 1]

Really?

 

Arguing with the USCIS is above my pay grade.

 

Just follow instructions.  Simple.

 

[geowrian 22,337]

2 hours ago, Breeze2016 said:

Really?

 

Arguing with the USCIS is above my pay grade.

 

Just follow instructions.  Simple.

Exactly - the instructions state it is not required but can still be requested. No arguing needed.

 

To be sure to avoid an RFE after the interview, a new medical should be performed if the medical is over 12 months old. Otherwise, it's one choice to interview without it and either not need a new one or be asked for one via an RFE afterwards.

Edited September 20, 2018 by geowrian

[bodgie19 54]

This one point I am not understanding. If I have my K1 visa in hand and I enter the USA toward the end of the 6 month window. Does the timer start from the date of my medical exam or do 6 months start from when my visa was issued.

 

I've read somewhere that "immigrant" visa's have a 6 month expiration. Does that go the same for non-immigrant (which is what a K1 visa is), right?

[geowrian 22,337]

1 hour ago, bodgie19 said:

This one point I am not understanding. If I have my K1 visa in hand and I enter the USA toward the end of the 6 month window. Does the timer start from the date of my medical exam or do 6 months start from when my visa was issued.

 

I've read somewhere that "immigrant" visa's have a 6 month expiration. Does that go the same for non-immigrant (which is what a K1 visa is), right?

A K-1 visa is valid for up to 6 months, but is constrained by the validity period of the medical. The medical is typically valid for 6 months, although there are situations where it can be less.

 

The visa will have the exact validity dates printed on it.

[bodgie19 54]

@geowrian  So please just bare with me and help me understand. Basically, it would be most wise to follow when I did my medical exam versus when my K1 visa actually expires. Do I understand that correctly?

[geowrian 22,337]

4 minutes ago, bodgie19 said:

@geowrian  So please just bare with me and help me understand. Basically, it would be most wise to follow when I did my medical exam versus when my K1 visa actually expires. Do I understand that correctly?

If you want to maximize the duration of your visa, doing the medical within a couple weeks before the interview is optimal. As noted, the visa will have the official expiration date on it - whatever that says trumps anything else.