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Sara F.

Adjustment of Status and Medical Exam.

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When my fiance arrived to the US, the immigration officials took his medical examination records and only left the cd with his chest x-ray. How do we provide proof of his medical examination for the Adjustment of Status? Thanks!

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Posted (edited)
14 minutes ago, Sara F. said:

When my fiance arrived to the US, the immigration officials took his medical examination records and only left the cd with his chest x-ray. How do we provide proof of his medical examination for the Adjustment of Status? Thanks!

You should have been given a personal copy of the DS3025 Vaccination Record copy from the panel physician with the XRAY CD. The only thing you have to submit with AOS is a photocopy of that. Provided you completed the overseas medical, completed all of your required vaccines, had no illnesses and submit your AOS aplication within 1 year of your medical start date, your original overseas medical will suffice as fulfilling the medical requirement for AOS. The officer at your AOS interview will have a copy of it as it was sent to USCIS from DHS at your point of entry for your file. 

There are many threads on this topic if you'd like to do further research.

Edited by K1visaHopeful

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The officers at the entry point keep all the records, so what happened to your fiancé is perfectly normal. I should clarify that there is no need to submit the vaccination record or the chest X-ray CD with your adjustment of status package, unlike what they previous poster suggested. I repeat, you should not submit them with your adjustment of status package. The instructions for form I-485 are very clear that, 1) if your fiancé had his medical examination successfully completed during the embassy stage of the K-1 process and no conditions of interest were found, then there is no need to have another medical examination if you submit the AOS within one year of the initial medical examination; 2) if for some reason it was incomplete, the agent at your AOS interview will then give you instructions as to how to proceed with another medical examination. The instructions never mention anything about the copy of vaccination records DS3025 or that it should be submitted. In any case, bring the form DS3025 to the interview as a precautionary measure, just in case. Otherwise, do not submit more paperwork than you have to or you might risk getting everything messed up with follow-ups and RFE.

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1 hour ago, dnyal said:

The officers at the entry point keep all the records, so what happened to your fiancé is perfectly normal. I should clarify that there is no need to submit the vaccination record or the chest X-ray CD with your adjustment of status package, unlike what they previous poster suggested. I repeat, you should not submit them with your adjustment of status package. The instructions for form I-485 are very clear that, 1) if your fiancé had his medical examination successfully completed during the embassy stage of the K-1 process and no conditions of interest were found, then there is no need to have another medical examination if you submit the AOS within one year of the initial medical examination; 2) if for some reason it was incomplete, the agent at your AOS interview will then give you instructions as to how to proceed with another medical examination. The instructions never mention anything about the copy of vaccination records DS3025 or that it should be submitted. In any case, bring the form DS3025 to the interview as a precautionary measure, just in case. Otherwise, do not submit more paperwork than you have to or you might risk getting everything messed up with follow-ups and RFE.

 

The I-693 instructions state: 

 

Quote

Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements.

It continues:

Quote

If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the Part 9. Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1., 2., 3., 4., 6., and 9. of Form I-693.

While this can be interpreted to mean that they should hopefully have the DS-3025 available, if the original poster didn't complete the vaccination part of the medical then they are required to get those specific sections of Form I-693 complete before sending their AOS package in.

 

Alternatively, if they have a completed DS-3025 that acts as proof that they have complied with the vaccination requirements, I really don't see how that would harm their case to submit a copy of it with their AOS packet.

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On 1/2/2019 at 10:41 PM, Sara F. said:

When my fiance arrived to the US, the immigration officials took his medical examination records and only left the cd with his chest x-ray. How do we provide proof of his medical examination for the Adjustment of Status? Thanks!

If your fiance completed all his vaccinations from his K1 medical, you should be able to contact the original doctor who performed the medical to ask for another copy of the DS-3025 vaccination form. I'm not sure of their processes, but hopefully they should be able to email it to you if you need it.

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11 hours ago, S_And_J said:

 

The I-693 instructions state: 

 

It continues:

While this can be interpreted to mean that they should hopefully have the DS-3025 available, if the original poster didn't complete the vaccination part of the medical then they are required to get those specific sections of Form I-693 complete before sending their AOS package in.

 

Alternatively, if they have a completed DS-3025 that acts as proof that they have complied with the vaccination requirements, I really don't see how that would harm their case to submit a copy of it with their AOS packet.

 

I believe this might not be a correct interpretation. I uploaded two images. The first one corresponds to the instructions for form I-485. It says that it’s not necessary to submit any medical examination along with the AOS package and the foreigner can present any medical evidence at the moment of the interview. But only mentions a I-693 as such evidence, not parts of it (form DS-3025 is just a part of the form I-693 the doctor fills, and the form DS-3025 the immigrant is given by their doctor is merely a copy of the original).

 

The second image is from the instructions for form I-693. Though it does clearly states that the immigrant must show proof of vaccination records, it means that such proof is the one included with the sealed form I-693 their doctor gave them for the embassy and that they surrendered at the point of entry. Immigrants must show such proof but it should already be included within the form I-693 in the packet the embassy gave them to surrender at the POE. The USCIS agent will see that proof included in their documents at the moment of interview. Moreover, the instructions clearly say that if the vaccination record is incomplete (maybe a year passed and the previous medical exam expired, or the doctor didn’t fill it out correctly), a new medical examination by a civil surgeon to complete just that requisite alone would be necessary. It doesn’t mention absolutely anything about the intending immigrant being able to submit or show their copy of form DS-3025 in case the vaccination records in the I-693 are wrong. A whole new medical exam would be necessary.

 

 

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Posted (edited)

In any case, @Sara F., don’t worry. The fact your fiancé was given the copy of his vaccination records (form DS-3025) at the port of entry means the original was included in the sealed package he surrendered. I don’t even know why the doctor didn’t give your fiancé that copy after the medical examination, along with his X-ray. Those were given to me after I went to the doctor's appointment in Colombia. Actually, the packet 3/4 PDF they sent to my email from the embassy specifically mentioned not to bring the X-Ray to the embassy interview, only the sealed package from the doctor's office.

Edited by dnyal

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Just to clarify for you, the proof of medical examination the form I-485 instructions mention that you should submit is just a generic requirement for all the types of visas that can adjust status using form I-485. Since our specific type of visa, the K-1 visa, requires to have such medical exam performed before entering the US, when you submit your AOS package, there is absolutely no need to include any medical records or forms I-693 with it.

It’s just sometimes including unnecessary extra paperwork might actually delay the whole process instead of helping.

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