Seeing a civil surgeon after entry as k1?

[billding 59]

Is this necessary or will the St. Luke's medical suffice?

[geowrian 22,335]

If you file AOS within 1 year of the medical, then no new medical is needed.

Assuming you got all needed vaccinations as well, then there's nothing needed from a CS at all.

Edited August 17, 2019 by geowrian

[Hank_ 9,173]

1 hour ago, TXBill said:

Is this necessary or will the St. Luke's medical suffice?

 

34 minutes ago, geowrian said:

If you file AOS within 1 year of the medical, then no new medical is needed.

Assuming you got all needed vaccinations as well, then there's nothing needed from a CS at all.    

 

Yes you will need  to see a civil surgeon.   You will need to have the DS-3025 transcribed to the I-693 by a civil surgeon for AOS (I-485)     USCIS changed the rules a couple years back, as noted in the I-485 & I-693 instructions  (page 12 &  7/8 respectively)

 

The medical from St. Luke's is valid for one year, a new medical is not required if AOS is filed in a timely manner.

 

 

[billding 59]

4 minutes ago, Hank_ said:

 

 

Yes you will need  to see a civil surgeon.   You will need to have the DS-3025 transcribed to the I-693 by a civil surgeon for AOS (I-485)     USCIS changed the rules a couple years back, as noted in the I-485 & I-693 instructions  (page 12 &  7/8 respectively)

 

The medical from St. Luke's is valid for one year, a new medical is not required if AOS is filed in a timely manner.

 

 

Thanks Hank and geowrian!

 

Just to clarify, She'll only need to see the CS to get the vaccination record transcribed since her medical would still be valid? (If filing within 1 year of St. Lukes medical.)

 

Also St. Lukes will give her the DS3025, right?

[Hank_ 9,173]

4 minutes ago, TXBill said:

Thanks Hank and geowrian!

 

Just to clarify, She'll only need to see the CS to get the vaccination record transcribed since her medical would still be valid? (If filing within 1 year of St. Lukes medical.)

 

Also St. Lukes will give her the DS3025, right?

 

Correct on only being transcribed.

 

Yes  SLEC will issue the DS-3025 upon completion of the medical

[geowrian 22,335]

33 minutes ago, Hank_ said:

Yes you will need  to see a civil surgeon.   You will need to have the DS-3025 transcribed to the I-693 by a civil surgeon for AOS (I-485)     USCIS changed the rules a couple years back, as noted in the I-485 & I-693 instructions  (page 12 &  7/8 respectively)

Hmm...I'm not seeing this. Is there something official to go by?

 

The I-485 instructions only refer K-1/K-2 holders to the I-693 instructions. The I-693 instructions (https://www.uscis.gov/system/files_force/files/form/i-693instr.pdf) for K-1/K-2 holders state:

Quote

If you were admitted as a:

A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e); or

B. K-3 spouse of a U.S. citizen or a K-4 child of a K-3 spouse of a U.S. citizen; and

C. You received a medical examination prior to admission, then:

  (1) You are not required to have another medical examination as long as you file your Form I-485 within one year of an overseas medical examination; and

    (a) The panel physician did not find a class A medical condition during your overseas examination; or

    (b) The panel physician did find a class A medical condition, you received a waiver of inadmissibility, and you have complied with the terms and conditions of the waiver.

  (2) Even if a new medical examination is not required, you must still show proof that you complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original overseas medical examination report, you will need to have the Part 10.Vaccination Record completed by a designated civil surgeon. In this case, you must submit Parts 1. - 5., 7., and 10.of Form I-693.

Reading the above implies that the I-693 is only needed if the DS-3025 was not properly completed and submitted with the medical.

Edited August 17, 2019 by geowrian

[Hank_ 9,173]

1 hour ago, geowrian said:

Hmm...I'm not seeing this. Is there something official to go by?

 

The I-485 instructions only refer K-1/K-2 holders to the I-693 instructions. The I-693 instructions (https://www.uscis.gov/system/files_force/files/form/i-693instr.pdf) for K-1/K-2 holders state:

Reading the above implies that the I-693 is only needed if the DS-3025 was not properly completed and submitted with the medical.

This is the part to pay attention to:

 

If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas.

 

The I-693 info clarifies that a full medical isn't required.

[geowrian 22,335]

7 hours ago, Hank_ said:

This is the part to pay attention to:

 

If you are filing Form I-485 under the nonimmigrant fiancé(e), asylee, or refugee category, see the Form I-693, Report of Medical Examination and Vaccination Record, Instructions for more information on whether you need to submit the full Form I-693 or only certain parts because you already had a medical examination overseas.

 

The I-693 info clarifies that a full medical isn't required.

I get that, but then I will refer to the I-693 instructions again. What parts get filled out if there is a properly completed and submitted DS-3025 already? What if there is not? It kinda sounds like it would be the same sections (since no new medical is needed), but the instructions only describe what happens if there is an incomplete or missing DS-3025? That's....incredible unusual to put in the instructions (if a then b && if ~a then also b).

 

Edit: Also, how long has it been this way? The VJ AOS from K-1 instructions should have been updated for this if that was the case.

I know when we submitted our AOS in late 2017, we only used the copy of the DS-3025 (no I-693). That was under 2 years ago (I'm not saying it couldn't have changed, but it's not that long ago either and this is fairly significant and the first I have ever heard of it).

Edited August 17, 2019 by geowrian

[Ontarkie 13,917]

~~Moved to the AOS from K1/K3 P&P, from K1 P&P - The OP is asking about AOS'ing and medical.~~

[Hank_ 9,173]

5 minutes ago, geowrian said:

I get that, but then I will refer to the I-693 instructions again. What parts get filled out if there is a properly completed and submitted DS-3025 already? What if there is not? It kinda sounds like it would be the same sections (since no new medical is needed), but the instructions only describe what happens if there is an incomplete or missing DS-3025? That's....incredible unusual to put in the instructions (if a then b && if ~a then also b).

 

Edit: Also, how long has it been this way? The VJ AOS from K-1 instructions should have been updated for this if that was the case.

I know when we submitted our AOS in late 2017, we only used the copy of the DS-3025 (no I-693). That was under 2 years ago (I'm not saying it couldn't have changed, but it's not that long ago either and this is fairly significant and the first I have ever heard of it).

The civil surgeon does a simply transcribe from the DS-3025 to the I-693, signs it, then put the I-693 in a envelope and seals it .. the envelope is attached to the I-485 AOS packet.

 

I can't remember exactly when USCIS added the language to the I-485,  it for sure was over a year ago.

 

 

[payxibka 10,044]

49 minutes ago, geowrian said:

I get that, but then I will refer to the I-693 instructions again. What parts get filled out if there is a properly completed and submitted DS-3025 already? What if there is not? It kinda sounds like it would be the same sections (since no new medical is needed), but the instructions only describe what happens if there is an incomplete or missing DS-3025? That's....incredible unusual to put in the instructions (if a then b && if ~a then also b).

 

Edit: Also, how long has it been this way? The VJ AOS from K-1 instructions should have been updated for this if that was the case.

I know when we submitted our AOS in late 2017, we only used the copy of the DS-3025 (no I-693). That was under 2 years ago (I'm not saying it couldn't have changed, but it's not that long ago either and this is fairly significant and the first I have ever heard of it).

The "K" visa exception still exists,  it is laid out in the I693 instructions 

[geowrian 22,335]

The USCIS Policy Manual - what the IOs use for adjudication guidelines and policies - says it's not needed as well for people doing AOS from K-1 with a medical exam within the past year and a fully completed and submitted DS-3025.

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

Quote

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).

 

[billding 59]

With this confusion would it be better to just see a civil surgeon rather than risk an rfe?

Edited August 17, 2019 by TXBill

[payxibka 10,044]

1 minute ago, TXBill said:

With this confusion would it be better to just see a civil surgeon rather than risk an rfe?

Why not get an answer from someone who recently was approved, that is your best source 

[Loren Y 2,732]

Only problem with this is finding a civil Surgeon that is willing to just transcribe the vaccination records. 90 plus percent of them will require you to do a full medical exam again at a cost of 300 plus dollars. Some will just do a transcribe for around 100 bucks, if you can find them. I was thinking we might have needed to do another medical also coming on the K-1, but since everything was marked complete on the DS-3025, I just sent in copies of that. I will return as soon as the AOS interview is complete ( Early next year) and update this post with my results, but as stated, you may find someone with an recent AOS interview that can post on this.