Medical Examination before AOS interview

[srg3037 5]

Hello,

 

After a patient 15 month wait my wife and daughter finally have an interview scheduled for October 19th.  My questions revolves around the completed medical examination requirement (I-693) and whether my wife and daughter need to get a new one before the interview or whether we should wait afterwards if we are told we need a new one.

 

Wife and daughter came over on K1 visa.  They both did the required medical examination (DS-3025 form) in February 2017 prior to their K1 visa interview.   My wife and I got married after she arrived in the States, and I submitted the AOS application for the both of them on June 15, 2017 (NOA date was July 3rd).   We did not need to submit the I-693 medical examination with he AOS application as it was not required so long as the I-485 application was filed within year of their medical examination.  

 

The question now is whether that medical exam is still good, or do I need to schedule a civil surgeon medical examination?  My understanding was with the filing of the AOS the overseas medical's validity was extended for a year so if the interview date is past the 12 month filing date we will need a new medical exam.  

 

Any help is much appreciated.

[geowrian 22,336]

For AOS from K-1, they are not required to request a new medical since one was completed within 1 year of filing for AOS. At the same time, they can still request it. IO's call.

To be 100% sure not to get an RFE, a new medical can be prepared to be presented. Or you can go as-is and they will either not need ask for a new one or you will get an RFE for one.

Unfortunately, the INA and USCIS policy manual only says it is not strictly required in your circumstances, not that they cannot request a new one.

 

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

"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]"