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Filed: K-1 Visa Country: Canada
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Posted

Hi all!

I know this comes up quite a bit and just hoping to get a second opinion. I filed on a K-1 Visa so I had a medical done prior to entry. I submitted my DS-3025 along with my AOS application in June 2017. Recently received notice for interview on December 5th 2018 *YAY*. Of course, my medical technically expire? But USCIS website mentions that, as a K-1, my medical is to be submitted WITHIN 1 year of AOS.

There's a lot of forums that says it's a hit or miss with needing a new medical, discretion of the IO.

Question...so should I just do the medical and get over it? Or should I book the medical for after the interview and get a RFE and submit the new medical afterwards? If I do get an RFE and submit my medical,  how long would it take to get my green card? (For those whose been in a similar situation)

I'm filed in California and I've waited forever for this interview.

Many thanks for the help!

 

Waiting...

For that one day......

When I can spend my life with you

Posted
2 minutes ago, BabyTruong said:

Hi all!

I know this comes up quite a bit and just hoping to get a second opinion. I filed on a K-1 Visa so I had a medical done prior to entry. I submitted my DS-3025 along with my AOS application in June 2017. Recently received notice for interview on December 5th 2018 *YAY*. Of course, my medical technically expire? But USCIS website mentions that, as a K-1, my medical is to be submitted WITHIN 1 year of AOS.

There's a lot of forums that says it's a hit or miss with needing a new medical, discretion of the IO.

Question...so should I just do the medical and get over it? Or should I book the medical for after the interview and get a RFE and submit the new medical afterwards? If I do get an RFE and submit my medical,  how long would it take to get my green card? (For those whose been in a similar situation)

I'm filed in California and I've waited forever for this interview.

Many thanks for the help!

 

As long as you submitted your AOS within one year of your foreign medical date you should not need another medical. It's not technically expired. You are a K1, they have exceptions for that in the USCIS policy manual.

You are right in thinking that an IO can request another at your interview and require you to complete one afterwards before issuing your GC. More often than not if they aren't ignorant, they dont. 

So the question is merely do you have $1000 to light on fire for no reason or not? If you do, let's go to Vegas first!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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