AOS interview - approved, then RFE - the saga...

[Rose_3001 23]

Hi all,

 

I had my marriage-based AOS interview on August 30th. All went well - we didn't get many questions, it was over quickly and the officer told us he was recommending our application for approval, and handed us the letter. He did seem new and inexperienced, but I wasn't too worried. I told him we were leaving the country in a week and asked if I needed a stamp in my passport - he told me no. Not wanting to persist, we left. 

 

Then I had a phone call from him, saying that in fact I DID need the stamp, as my EAD/AP would become invalid once the GC was approved. So we drove back to the field office (Atlanta). On the way there, I get another call telling me that the system won't let him approve the GC application because I am 'missing vaccinations'. I deferred my flu shot during my London medical in April 2017.  I didn't get one before my GC interview as it was not flu season, so I physically couldn't. 

 

So I asked him what I need to do now (full medical again or just vaccination transcription?). He says he's not sure, but he will look into it and send an RFE that will arrive in 2 weeks. So we head back home again.

Lo and behold, 4 weeks later nothing has arrived. I speak to two USCIS representatives this morning (am transferred to higher level) and neither could tell me anything. They said nothing on my account indicated that an RFE had been sent out or was required. Second officer submitted a service request to find an update on GC status - but I don't know whether that will tell me anything new. 

If anyone has been through anything similar post-interview, please let me know. I am feeling disheartened as I thought we were close to this process being over - but now it seems it could go on indefinitely... 

 

Many thanks. 
 

[mushroomspore 3,043]

I'd suggest making an INFOPASS appointment and talk to an immigration officer in person. Since it'll be at your field office, they can defer to the IO himself and/or his supervisor.

 

Did you manage to get the stamp in your passport and go on your trip?? The stamp is as good as the GC but you still need the GC.

[Rose_3001 23]

4 minutes ago, mushroomspore said:

I'd suggest making an INFOPASS appointment and talk to an immigration officer in person. Since it'll be at your field office, they can defer to the IO himself and/or his supervisor.

 

Did you manage to get the stamp in your passport and go on your trip?? The stamp is as good as the GC but you still need the GC.

Thanks! Good idea - I wasn't sure how the Infopass appointments worked, but that definitely sounds sensible. Both the USCIS representatives on the phone said that they had no way of getting in touch with the interviewing officer himself, so I have no idea how we're going to get to the bottom of this otherwise. 

Nope, I didn't get the stamp in the end because on the way back to the office I got the second call about not being able to approve the GC. So he said if the GC is not approved, the EAD/AP is still valid for re-entry. I entered the country on the combo card last night without issues, so it would seem that the GC hasn't been approved in my absence. 

ETA: The infopass appointment tool for Atlanta is currently showing: 

Currently, there are no available appointments. Please check again tomorrow.

Edited September 25, 2018 by Rose_3001
Extra information

[mushroomspore 3,043]

Just now, Rose_3001 said:

Thanks! Good idea - I wasn't sure how the Infopass appointments worked, but that definitely sounds sensible. Both the USCIS representatives on the phone said that they had no way of getting in touch with the interviewing officer himself, so I have no idea how we're going to get to the bottom of this otherwise. 

Nope, I didn't get the stamp in the end because on the way back to the office I got the second call about not being able to approve the GC. So he said if the GC is not approved, the EAD/AP is still valid for re-entry. I entered the country on the combo card last night without issues, so it would seem that the GC hasn't been approved in my absence. 

Yeah the INFOPASS appointments can be tricky to book because they go fast. I heard that if you wait until midnight or early in the morning, you're more likely to get a slot. Another idea: contact the ombudsman (just Google "USCIS ombudsman" and fill out the online form). They take a while to get back to you. However, if this ends up dragging on for even longer, the ombudsman will at least be informed and can help. If it ends up resolving itself sometime soon, the ombudsman will still contact you to ensure you received the GC.

 

And it's good you were still able to return on your combo card! We've been planning a trip since the summer. But of course, our interview is only a few days before we're supposed to leave! I was curious myself if the combo card can still be used after the interview, even if one isn't immediately approved.

[yuna628 9,528]

Typically if you are missing vaccinations or there is an issue with the medical - it will be up to you to go to a place of your choosing and receive the missing vax (in your case the flu shot). What place you choose will be whatever you find is the most cheapest - you can get it from your doctor, a pharmacy, a walmart, wherever most days. And then you take the proof of that vaccination, proof of your medical+vax from London and find a US Civil Surgeon who will transcribe all of the vaccinations and recertify them on the I-693. It will require you to read through the form's instructions very carefully and only fill out portions required of a K1 adjusting applicant, the Civil Surgeon fills out the rest, tapes up into an envelope and stamps it. This form is then take to your interview, or can be sent in once the RFE has been received. Finding a Civil Surgeon that doesn't demand you receive a whole new medical instead of just a recertification can be tricky and may require calling around. In our case when we received an RFE, our chosen CS knew what to do and charged us a nominal fee. To avoid issues with such an RFE in the future, we usually advise Londoners get their vax either before the medical or during the medical to ensure everything is complete. This doesn't absolve an RFE in every case (because the USCIS will screw things up frequently) but it can help.

 

PS: In case you are somehow stuck with a CS that will only do a new medical, be advised that having received a BCG in your life can result in a false-positive TB test. The CDC has specific guidelines on how to avoid that and to notify unaware doctors about that. I've seen a few headaches about that. Best to be proactive and go armed with the CDC guidelines if it ever came to that.

 

Since you are sort of stuck in limbo, an infopass is going to be your best bet here. Try during the early midnight - AM hours.

Edited September 25, 2018 by yuna628

[Rose_3001 23]

43 minutes ago, mushroomspore said:

Yeah the INFOPASS appointments can be tricky to book because they go fast. I heard that if you wait until midnight or early in the morning, you're more likely to get a slot. Another idea: contact the ombudsman (just Google "USCIS ombudsman" and fill out the online form). They take a while to get back to you. However, if this ends up dragging on for even longer, the ombudsman will at least be informed and can help. If it ends up resolving itself sometime soon, the ombudsman will still contact you to ensure you received the GC.

 

And it's good you were still able to return on your combo card! We've been planning a trip since the summer. But of course, our interview is only a few days before we're supposed to leave! I was curious myself if the combo card can still be used after the interview, even if one isn't immediately approved.

Thanks for the advice - good to know that there are more steps I can take. It often feels like you're coming up against a brick wall! 

Make sure you don't leave the field office without that stamp in your passport, no matter what your IO says! If they don't approve it immediately (if the letter you're given doesn't have the 'recommended for approval' box ticked) then as far as I'm aware you are able to come and go on the combo card. Good luck and enjoy your trip!
 

[mushroomspore 3,043]

2 minutes ago, Rose_3001 said:

Thanks for the advice - good to know that there are more steps I can take. It often feels like you're coming up against a brick wall! 

Make sure you don't leave the field office without that stamp in your passport, no matter what your IO says! If they don't approve it immediately (if the letter you're given doesn't have the 'recommended for approval' box ticked) then as far as I'm aware you are able to come and go on the combo card. Good luck and enjoy your trip!
 

Thanks and I'm soo sorry this is dragging on for you! I always feel so bad when this happens, especially since he said he would recommend you for approval. At least your case was not weird or complicated. This is just a matter of the IO not finishing the paperwork in a timely manner. Good luck to you too and keep us updated. 

[Rose_3001 23]

20 minutes ago, yuna628 said:

Typically if you are missing vaccinations or there is an issue with the medical - it will be up to you to go to a place of your choosing and receive the missing vax (in your case the flu shot). What place you choose will be whatever you find is the most cheapest - you can get it from your doctor, a pharmacy, a walmart, wherever most days. And then you take the proof of that vaccination, proof of your medical+vax from London and find a US Civil Surgeon who will transcribe all of the vaccinations and recertify them on the I-693. It will require you to read through the form's instructions very carefully and only fill out portions required of a K1 adjusting applicant, the Civil Surgeon fills out the rest, tapes up into an envelope and stamps it. This form is then take to your interview, or can be sent in once the RFE has been received. Finding a Civil Surgeon that doesn't demand you receive a whole new medical instead of just a recertification can be tricky and may require calling around. In our case when we received an RFE, our chosen CS knew what to do and charged us a nominal fee. To avoid issues with such an RFE in the future, we usually advise Londoners get their vax either before the medical or during the medical to ensure everything is complete. This doesn't absolve an RFE in every case (because the USCIS will screw things up frequently) but it can help.

 

PS: In case you are somehow stuck with a CS that will only do a new medical, be advised that having received a BCG in your life can result in a false-positive TB test. The CDC has specific guidelines on how to avoid that and to notify unaware doctors about that. I've seen a few headaches about that. Best to be proactive and go armed with the CDC guidelines if it ever came to that.

 

Since you are sort of stuck in limbo, an infopass is going to be your best bet here. Try during the early midnight - AM hours.

Many thanks, this is very helpful. So I could technically go ahead and get the flu vaccine - I should probably do that now while I wait for specific instructions in the RFE, since I don't think I'm going to get anywhere without having it done. 
 

Thank you for the advice re the BCG - the husband works for the CDC incidentally so I will have him get the guidelines for me. 

Fingers crossed on getting an infopass asap and sorting this situation before my combo card expires in Nov!

Thanks again for your help.  
 

[Wuozopo 4,285]

1 hour ago, Rose_3001 said:

On the way there, I get another call telling me that the system won't let him approve the GC application because I am 'missing vaccinations'. I deferred my flu shot during my London medical in April 2017.  I didn't get one before my GC interview as it was not flu season, so I physically couldn't. 

If your DS-3025 vaccination sheet had a waiver marked for "not flu season" then that is supposed to be good enough. Also, it is still not flu season so anybody interviewing prior to Oct 1 does not need a flu shot. You really had two ways out of the shot. I think the guy just didn't know his stuff. Go to an infopass.

[Rose_3001 23]

1 hour ago, Wuozopo said:

If your DS-3025 vaccination sheet had a waiver marked for "not flu season" then that is supposed to be good enough. Also, it is still not flu season so anybody interviewing prior to Oct 1 does not need a flu shot. You really had two ways out of the shot. I think the guy just didn't know his stuff. Go to an infopass.

Thank you! 

 

So my situation is that it was the end of flu season (March/April) when I had the original medical in London - but I've never had the flu vaccination before and just decided to sort it out when I had to stateside. However, I interviewed on August 30th - not flu season - so it would seem that this should get me out of having to do it? Is there any info on the USCIS website to corroborate this that I can take to the infopass? This is a huge relief, though obviously disappointing that the officer was inexperienced and clearly wasn't sure what to do... I will get onto that infopass appointment asap. 

[Wuozopo 4,285]

1 hour ago, Rose_3001 said:

Thank you! 

 

So my situation is that it was the end of flu season (March/April) when I had the original medical in London - but I've never had the flu vaccination before and just decided to sort it out when I had to stateside. However, I interviewed on August 30th - not flu season - so it would seem that this should get me out of having to do it? Is there any info on the USCIS website to corroborate this that I can take to the infopass? This is a huge relief, though obviously disappointing that the officer was inexperienced and clearly wasn't sure what to do... I will get onto that infopass appointment asap. 

What was the date of your exam in London. March is flu season. April is not.(to the USCIS). Does your DS-3025 indicate  a waiver in the last column by influenza.

Edited September 25, 2018 by Wuozopo

[Rose_3001 23]

2 minutes ago, Wuozopo said:

What was the date of your exam in London. March is flu season. April is not.(to the USCIS). Does your DS-3025 indicate  a waiver in the last column by influenza.

Good point. I have just checked and it was late March. The sheet says that I chose to defer vaccinations at that time – so it was on me. If only it had been short while later! 

[Wuozopo 4,285]

17 minutes ago, Rose_3001 said:

Good point. I have just checked and it was late March. The sheet says that I chose to defer vaccinations at that time – so it was on me. If only it had been short while later! 

You can't get off on the waiver, but you can on not flu season at your interview. Here's a bunch to look up, comprehend, and print if you want to be effective in your arguments. Lots to go through.

 

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

Scroll down to Section B.4 and read.

 

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

Of note:

B.  Documentation Completed by Panel Physician (near the top)

 

And also concerning how old your medical exam is:(way down near the footnotes) find:

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-Chapter9.html

C. Adjudication Steps (find that chart)

Step 3

Vaccinations missing at the time of the medical exam may no longer be required as of the date of adjudication if, for example, the applicant has aged out, or it is not the flu season, or a vaccine is no longer required by law.

Step 4

If the missing vaccinations are no longer required as of the date of the adjudication, the vaccination requirements have been met. 

 

(Keep scrolling down)

E.  Special Vaccination Considerations

3.  Influenza Vaccination (read all of that)

Of note:

The officer should not issue an RFE if the applicant will not be able to obtain the strain-specific flu vaccine that had been required at the time of the medical examination because:

•It is no longer the same flu season; or

•It is not the flu season at all.

 

[Rose_3001 23]

22 minutes ago, Wuozopo said:

You can't get off on the waiver, but you can on not flu season at your interview. Here's a bunch to look up, comprehend, and print if you want to be effective in your arguments. Lots to go through.

 

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

Scroll down to Section B.4 and read.

 

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

Of note:

B.  Documentation Completed by Panel Physician (near the top)

 

And also concerning how old your medical exam is:(way down near the footnotes) find:

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-Chapter9.html

C. Adjudication Steps (find that chart)

Step 3

Vaccinations missing at the time of the medical exam may no longer be required as of the date of adjudication if, for example, the applicant has aged out, or it is not the flu season, or a vaccine is no longer required by law.

Step 4

If the missing vaccinations are no longer required as of the date of the adjudication, the vaccination requirements have been met. 

 

(Keep scrolling down)

E.  Special Vaccination Considerations

3.  Influenza Vaccination (read all of that)

Of note:

The officer should not issue an RFE if the applicant will not be able to obtain the strain-specific flu vaccine that had been required at the time of the medical examination because:

•It is no longer the same flu season; or

•It is not the flu season at all.

 

This is incredibly helpful, many thanks for taking the time to do this. I feel a lot more at ease now knowing the steps I need to take to try and sort out this problem and armed with the right information. Thanks again. 

[Wuozopo 4,285]

12 minutes ago, Rose_3001 said:

This is incredibly helpful, many thanks for taking the time to do this. I feel a lot more at ease now knowing the steps I need to take to try and sort out this problem and armed with the right information. Thanks again. 

If more people read this info before interview, they would be better prepared to argue their point (politely) before they got into a situation like you. 

Edited September 25, 2018 by Wuozopo