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GioRod

Aos interview complete But not approved yet been 4weeks since 6/18/2019

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Hello Guys hope every one is well, 

 

 

                                                                           So on 6/18/2019 I attended my wife's AOS interview we got there on time etc. Cutting to the point we are there sitting with the officer she's asking all the question very smooth and easy question's my wife responded very well to all so did I. She kept some photos then she  tells me the medical is expired that she will send out an RFE notice requesting New Medical. Explained she could not approve for that reason but everything looked good. So as we walked out to leave I asked here so technically I can go and get the medical done and bring it in she goes yes but I'm going to still send you the RFE you have 30days to bring the results in. We accept them only on Fridays from 8-12. So I went ahead and did that never received the RFE  I went in the following Friday to take the results in when I get there they tell I need the notice I told I never received it. I told them the officer told me I can come in they were not buying it lol. So they got a hold of the officer and we were able to speak only to find out she tells me she never sent the RFE out because she did not know if the medical was expired when she told me it was. She took the new results opened it and told me wait for something in the mail its been 5weeks. Has this happen to someone before.

 

Thanks for any responses in advance sorry if the story is to long lol :)

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Posted (edited)

Your K1 medical results may not always be present in your file that the IO has with them at the AOS interview. Sometimes they have to look for it.

It sounds like you misinterpreted what she said in that she would need to find out if yours was in your A-file and still valid but told you that you could go ahead and redo it if you felt like it. 

Your medical was likely still valid and complete (which she determined after the fact) which was why she never issued an RFE. Likely you would have received an approval notice had you waited.

 

You will always need a notice to enter the Firld offices.

 

 

Edited by K1visaHopeful

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3 minutes ago, K1visaHopeful said:

Your K1 medical results may not always be present in your file that the IO has with them at the AOS interview. Sometimes they have to look for it.

It sounds like you misinterpreted what she said in that she would need to find out if yours was in your A-file and still valid but told you that you could go ahead and redo it if you felt like it. 

Your medical was likely still valid and complete (which she determined after the fact) which was why she never issued an RFE. Likely you would have received an approval notice had you waited.

 

You will always need a notice to enter the Firld offices.

 

 

rGot ya well she actually had the medical there in the file she was just tryin to confirm the date on spot since it changed JAN 2019 and that's when she told yup it expired your going to need a new one. Yea I know it sucks I mean she told me 100% your getting the RFE so that's why we took action. But I'm going to try and call tomorrow or something . I just think she was super doubt full and confused if mine was valid or not witch sucks. I appreciate your input .

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Posted (edited)

When was your original medical? I was under the impression the medical is valid for the AOS interview no matter what as long as AOS filing is within a year of the medical, wasn't even aware it could expire waiting for the interview.😲 Did she say after what amount of time it expires?

(Low key concerned over here now, as my interview is coming up too and I submitted my AOS around the same time as you).

Edited by Catseal

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Posted (edited)
15 minutes ago, Catseal said:

When was your original medical? I was under the impression the medical is valid for the AOS interview no matter what as long as AOS filing is within a year of the medical, wasn't even aware it could expire waiting for the interview.😲 Did she say after what amount of time it expires?
 

It will never expire as long as you file AOS within one year of your overseas medical date.

28 minutes ago, GioRod said:

rGot ya well she actually had the medical there in the file she was just tryin to confirm the date on spot since it changed JAN 2019 and that's when she told yup it expired your going to need a new one. Yea I know it sucks I mean she told me 100% your getting the RFE so that's why we took action. But I'm going to try and call tomorrow or something . I just think she was super doubt full and confused if mine was valid or not witch sucks. I appreciate your input .

What changed Jan 2019?

 

Sounds like the OP's IO had no clue what they were talking about and had to reconfirm the policy.

 

"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] 

 

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. [28] 

 

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician. 

 

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

 

If the applicant was granted a change of status to V in the United States, [29] the medical examination report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted."

 

 

Edited by K1visaHopeful

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1 minute ago, K1visaHopeful said:
16 minutes ago, Catseal said:

 

It will never expire as long as you file AOS within one year of your overseas medical date.

That's what I thought, hence my confusion. I hope OP can clarify further what exactly happened in their case.

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18 minutes ago, Catseal said:

When was your original medical? I was under the impression the medical is valid for the AOS interview no matter what as long as AOS filing is within a year of the medical, wasn't even aware it could expire waiting for the interview.😲 Did she say after what amount of time it expires?

(Low key concerned over here now, as my interview is coming up too and I submitted my AOS around the same time as you).

I filed the paper work Jan 2018 my wife came over Aug. 2017 so it was put in within the year. I personally thing think the IO was confused because I stated to her it was submitted within the year. All she said was something about a deadline date  change that took place but sorry if I got you a little worried was not my intentions. I just think she was lost in the process she looked over the medical multiple times  and was looking to her pc looking at dates.

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10 minutes ago, K1visaHopeful said:

It will never expire as long as you file AOS within one year of your overseas medical date.

What changed Jan 2019?

 

Sounds like the OP's IO had no clue what they were talking about and had to reconfirm the policy.

 

"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] 

 

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. [28] 

 

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician. 

 

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

 

If the applicant was granted a change of status to V in the United States, [29] the medical examination report completed by the civil surgeon should be in the A-file created at the time that the change of status was initially granted."

 

 

Thank for the reference I am confused as any one else would be that's why I said I went in the following week with new medical and no letter. She her self told me come in the faster you bring the faster you'll have your approval that's exactly what I did she open the results checked said every thing looks good and got the general wait 3-4weeks said ok and left but I'm thinking of walking in again and asking to speak with her.

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Posted (edited)
1 hour ago, GioRod said:

Thank for the reference I am confused as any one else would be that's why I said I went in the following week with new medical and no letter. She her self told me come in the faster you bring the faster you'll have your approval that's exactly what I did she open the results checked said every thing looks good and got the general wait 3-4weeks said ok and left but I'm thinking of walking in again and asking to speak with her.

The IO simply confused the I693 rules (as that's what ALL other applicants will be handing in so that's all she is probably is used to) with the K1 medical policy as noted above. K1s are a TINY percentage.

She likely doesn't do K1 AOS's very often and had no clue. 

I'd call USCIS. I doubt they'd let you pull that stunt again as thats not how it works. 

Edited by K1visaHopeful

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5 minutes ago, K1visaHopeful said:

The IO simply confused the I693 rules (as that's what ALL other applicants will be handing in so that's all she is probably is used to) with the K1 medical policy as noted above. K1s are a TINY percentage.

She likely doesn't do K1 AOS's very often and had no clue. 

I'd call USCIS. I doubt they'd let you pull that stunt again as thats not how it works. 

Got ya thanks for your response :) Always a battle with uscis lol

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Update I called and spoke with tier2 officer told him the whole situation. He was able to see that an RFE was generated but not authorized to be sent. He was going to email the office in nyc so they can touch the case and see what's up so im just waiting for a response any day now. called like almost 1week ago going on 2

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