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Filed: K-1 Visa Country: Philippines
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I did a lot of research, but have a simple question.

 

My fiance, (now wife) did her medical exam in late 2018.

I assume her DS 3025 was included in her sealed K-1 Visa packet, but I do not have a copy.

 

Can I simply assume the DS 3025 is valid and therefore I do not need submit an I-693 with her I-485, AOS?

 

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4 minutes ago, whatdoyouwant said:

I did a lot of research, but have a simple question.

 

My fiance, (now wife) did her medical exam in late 2018.

I assume her DS 3025 was included in her sealed K-1 Visa packet, but I do not have a copy.

 

Can I simply assume the DS 3025 is valid and therefore I do not need submit an I-693 with her I-485, AOS?

 

Yes. If you file the I485 within 365 days of the actual overseas medical date it is valid. No new medical or I693 is required. Her sealed medical packet was taken at her POE and was sent to DHS from there to be put in her file. The IO at her interview will have that copy.

All you need to do is submit a photocopy of your copy of the DS3025 with the I485 as a precautionary measure.

If you do not have her copy of the DS3025 which was supposed to be given to her by the Panel Physician it is wise to request one from them to submit with the I485.

Edited by K1visaHopeful
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Just now, whatdoyouwant said:

She nor I ever received a copy of the DS 3025.   Is that normal?  Can I get a copy somewhere?
I thought it was sealed in her K-1 package and that this is why we never got a copy.

No that's not normal. You should contact the Panel Physician and request one. 

The official copy of the DS3025 IS in the sealed envelope however the PP is supposed to give you a photocopy along with your copy of the XRay on CD. If you did not receive those that is the PP's error. Contact them and demand one nicely as they are obligated to do that.

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  • 3 weeks later...
On 1/11/2019 at 3:47 PM, K1visaHopeful said:

No that's not normal. You should contact the Panel Physician and request one. 

The official copy of the DS3025 IS in the sealed envelope however the PP is supposed to give you a photocopy along with your copy of the XRay on CD. If you did not receive those that is the PP's error. Contact them and demand one nicely as they are obligated to do that.

Still confused by this...my fiancé did not get the 3025. Only got the disc. So he will call Monday and ask them to email it to him, but since he’s missing the flu shot I guess it doesn’t matter anyway? So should he not even bother? Do you need it for EAD and AP? 

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1 minute ago, americaninlove said:

Still confused by this...my fiancé did not get the 3025. Only got the disc. So he will call Monday and ask them to email it to him, but since he’s missing the flu shot I guess it doesn’t matter anyway? So should he not even bother? Do you need it for EAD and AP? 

If he didnt need to get the flu shot ON THE DAY OF HIS MEDICAL his PP would have marked his DS3025 as complete AND it would NOT MATTER if its flu season NOW when he applies for AOS or it would NOT MATTER if its flu season on the DAY OF HIS AOS INTERVIEW. What matters is that he didnt need it ON THE DAY of his medical in his home country. So yes you need to look at his copy of the DS3025 to see if its marked complete. If it's not marked complete then you will need a new medical and I693 to be approved for the GC.

You submit the copy of the DS3025 with the I485 not the I765 or I131 but if you file I765 and I131 without I485 then you have to pay for it. 

So just get the DS3025!!!!!!!!

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19 minutes ago, K1visaHopeful said:

If he didnt need to get the flu shot ON THE DAY OF HIS MEDICAL his PP would have marked his DS3025 as complete AND it would NOT MATTER if its flu season NOW when he applies for AOS or it would NOT MATTER if its flu season on the DAY OF HIS AOS INTERVIEW. What matters is that he didnt need it ON THE DAY of his medical in his home country. So yes you need to look at his copy of the DS3025 to see if its marked complete. If it's not marked complete then you will need a new medical and I693 to be approved for the GC.

You submit the copy of the DS3025 with the I485 not the I765 or I131 but if you file I765 and I131 without I485 then you have to pay for it. 

So just get the DS3025!!!!!!!!

He needs the flu shot (he just could not find it) so it is not complete. But he wasn’t given a copy either. We will file AOS and EAD and AP together next month (he arrives in a week, already has visa in hand). So will he need to submit the 3025 to file next month for AP or is it not necessary? Happy to delay the AOS until he gets another medical here with the flu shot (sigh) but we need to get the AP in because he needs to go home end of summer. 

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20 minutes ago, americaninlove said:

He needs the flu shot (he just could not find it) so it is not complete. But he wasn’t given a copy either. We will file AOS and EAD and AP together next month (he arrives in a week, already has visa in hand). So will he need to submit the 3025 to file next month for AP or is it not necessary? 

 

One more time and i give up.

 

If you file for EAD and AP by itself (without AOS) you have to pay for it, around $1k and then pay $1225 for AOS later. So why would you not file it all together when EAD and AP are free?

You do NOT need to submit the DS3025 with the AP I131 form. You need the DS3025 to submit with the I485. 

 

 

Happy to delay the AOS until he gets another medical here with the flu shot (sigh) but we need to get the AP in because he needs to go home end of summer. 

 

I cant quote what I recommended you should do the other day since you have posted on someone else's thread but DO WHAT I recommended. 

Get your DS3025 copy from your PP. Submit it with AOS anyways or not your choice, but I would anyways. Dont redo the medical until you get your AOS interview. File AOS with AP, EAD at the same time and pay $1225 or file AP and EAD first, pay for it and then for no good reason file AOS later and pay for that too (a total of over $2300). Your call. Have a good night. 

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21 minutes ago, K1visaHopeful said:

I cant quote what I recommended you should do the other day since you have posted on someone else's thread but DO WHAT I recommended. 

Get your DS3025 copy from your PP. Submit it with AOS anyways or not your choice, but I would anyways. Dont redo the medical until you get your AOS interview. File AOS with AP, EAD at the same time and pay $1225 or file AP and EAD first, pay for it and then for no good reason file AOS later and pay for that too (a total of over $2300). Your call. Have a good night. 

Thanks. I saved what you wrote the other day. I was really just asking whether the 3025 is required for the AP and EAD. We will file them together of course so he’ll need to get it either way. I guess I’m confused because when my fiancé called the doctor last week and asked for a copy they said they can’t send it until he gets his flu shot, and told him to get it and send them a copy of the proof and then they would send him the completed 3025. Everyone (including you) says this is completely wrong, so thus the confusion. I guess he will call back and ask for the copy they sent to the consulate as they never gave him one and he will submit the incomplete copy with the AOS forms and see what happens. This whole system is the dumbest thing ever especially since you need a new flu shot every year anyway so who even cares!?!?

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Just now, americaninlove said:

Thanks. I saved what you wrote the other day. I was really just asking whether the 3025 is required for the AP and EAD. We will file them together of course so he’ll need to get it either way. I guess I’m confused because when my fiancé called the doctor last week and asked for a copy they said they can’t send it until he gets his flu shot, and told him to get it and send them a copy of the proof and then they would send him the completed 3025. Everyone (including you) says this is completely wrong, so thus the confusion.

 

It IS completely wrong. The PP cannot edit the DS3025 that was submitted in his medical packet to the embassy. You will just have to forget it then if your PP is not willing to send him his "incomplete" copy (as you state) of the DS3025 which the PP IS obligated to do. It doesn't matter anyways because you claim it was incomplete even though I think it was complete as you stated it wasnt flu season when he got his medical done and you are just highly confused

 

I guess he will call back and ask for the copy they sent to the consulate as they never gave him one and he will submit the incomplete copy with the AOS forms and see what happens.

 

This whole system is the dumbest thing ever especially since you need a new flu shot every year anyway so who even cares!?!? 

OMG no you dont! He would never require the flu shot again to satisfy the medical requirement for AOS. A long as he got it on the day of his medical IF it was required THAT DAY it being flu season. The medical is valid if it was complete on the day of the medical. It doesn't matter if it is flu season when he submitted his AOS or if he was flu season when he was interviewed and he did not have his flu shot. If he didnt need it on the day of the medical he would never need it.

@geowrian can you help me here. My hair is falling out.

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7 minutes ago, K1visaHopeful said:

@geowrian can you help me here. My hair is falling out.

Omg it WAS REQUIRED! He lives in Germany! That’s why I’m assuming it’s incomplete. Also when he called last week the woman TOLD HIM IT WAS INCOMPLETE. He could not find the flu shot when he tried to get it so got the medical anyway. Doctor said he would need to get the flu shot. And that’s where we stand. 

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6 minutes ago, americaninlove said:

Omg it WAS REQUIRED! He lives in Germany! That’s why I’m assuming it’s incomplete. Also when he called last week the woman TOLD HIM IT WAS INCOMPLETE. He could not find the flu shot when he tried to get it so got the medical anyway. Doctor said he would need to get the flu shot. And that’s where we stand. 

What date did he get his medical done? In your original post you said it wasn't flu season hence why he could not get it.

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6 minutes ago, K1visaHopeful said:

What date did he get his medical done? In your original post you said it wasn't flu season hence why he could not get it.

When did I say that it wasn’t flu season!? I said the shot wasn’t available as he went to multiple places and they were out. He got the medical in December. It was and still is most definitely flu season. 

Edited by americaninlove
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Just now, americaninlove said:

When did I say that it wasn’t flu shot!? I said the shot wasn’t available as he went to multiple places and they were out. He got the medical in December. It was and still is most definitely flu season. 

If they were "out" he would have received a waiver for it not being available. Tag me in your original post please.

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14 minutes ago, americaninlove said:

When did I say that it wasn’t flu season!? I said the shot wasn’t available as he went to multiple places and they were out. He got the medical in December. It was and still is most definitely flu season. 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter9.html

 

4. Vaccines Not Routinely Available Abroad “National vaccination shortage” principles do not apply overseas. In the context of overseas vaccinations, the term panel physicians use to indicate the unavailability of a vaccine is “not routinely available.” Therefore, if the adjustment applicant is permitted to use the vaccination assessment completed overseas, [11] then officers should not find the applicant inadmissible solely based on the lack of the vaccine(s) that is “not routinely available.” Officers should also not issue an RFE for corrective action. USCIS will grant a blanket waiver in these cases.

 

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