DS-3025 not "complete" because it wasn't flu season

[Joyoussinger 1,410]

My husband's medical for his K1 visa was done in April 2019. All his vaccines were up to date, and since it wasn't flu season, he didn't get the flu vaccine. On his DS-3025, the Civil Surgeon, who did his medical, didn't check "complete" but wrote, in the "Remarks" section "K-1 visa will be complete once influenza vaccine given".  On the form, Influenza is marked with a "B" and "K Visa applicant electing not to be vaccinated at this examination" is checked. His AOS interview is coming up, and we wondered if this is going to be an issue. We think the vaccine wasn't required at the time because it was April, although it was flu season in Australia. Anyway, the doctor's remark has us concerned that maybe he needs to update his vaccine record with a civil surgeon and obtain an I-163. 

Edited November 11, 2019 by Joyoussinger

[K1visaHopeful 2,662]

Hopefully your IO will understand that it wasnt required and that your Panel Physician was an idiot and did not know how to complete the DS3025 properly.

Check out the USCIS policy manual for peace of mind.

There are instructions there for IOs to follow when PPs are idiots.

[Joyoussinger 1,410]

26 minutes ago, K1visaHopeful said:

Hopefully your IO will understand that it wasnt required and that your Panel Physician was an idiot and did not know how to complete the DS3025 properly.

Check out the USCIS policy manual for peace of mind.

There are instructions there for IOs to follow when PPs are idiots.

Thank you. There are over 900 pages to that manual, but I was able to find this, and I think it answers our question:  

"If an applicant was required to obtain the flu vaccine at the time of the medical examination (the date of the civil surgeon’s certification governs) but a flu vaccine annotation is missing, the officer should only issue an RFE if it is still the same flu season and if it is reasonable to expect that the applicant will be able to obtain the flu vaccine within the time frame of the RFE.

This accounts for the fact that the flu vaccine is strain-specific and only available for a limited time each year. The officer should not issue an RFE if the applicant will not be able to obtain the strain-specific flu vaccine that had been required at the time of the medical examination because:

• It is no longer the same flu season; or

• It is not the flu season at all."

[Samursa 16]

I am dealing with this issue right now. My wife had an exam in Moscow in Oct. 2018 and we applied for AOS in March of 2019. The civil surgeon also marked the form that she elected not to get vaccines at that time. During our interview last month she was told that the vaccines were not up to date and she required a new exam and vaccines  (flu and tetanus). I protested to all civil surgeons that she did not require a new exam, only the vaccines. All I spoke to said they would not sign a I-693 without a new exam. After much studying of the USCIS regulations I saw that an incomplete vaccine record counts as an "A" issue that allows them to require a new exam.

[Joyoussinger 1,410]

10 minutes ago, Samursa said:

I am dealing with this issue right now. My wife had an exam in Moscow in Oct. 2018 and we applied for AOS in March of 2019. The civil surgeon also marked the form that she elected not to get vaccines at that time. During our interview last month she was told that the vaccines were not up to date and she required a new exam and vaccines  (flu and tetanus). I protested to all civil surgeons that she did not require a new exam, only the vaccines. All I spoke to said they would not sign a I-693 without a new exam. After much studying of the USCIS regulations I saw that an incomplete vaccine record counts as an "A" issue that allows them to require a new exam.

What I'm given to understand, is that you can get the missing vaccines and have a civil surgeon provide you with a I-163 with the updated vaccine records. Some will try to convince you that you need the full medical but, if your original medical was within one year of your applying for AOS, you don't need it. I would call every civil surgeon in your area until I found one who will do what you really require.

[Samursa 16]

If you know what vaccines are missing and you can get them before your interview and show an updated 3025 you may be fine. The RFE I got was vague. It only stated that vaccines were incomplete and we needed to get them and complete a new 693. I spoke to the only 3 civil surgeons in our area and all said that they would not fill out a 693 without a medical exam. They all stated that a lack of completed vaccines is a Class A medical issue that precludes the option to skip a new exam. I went back and forth  and showed them all the USCIS documents. I finally gave up and realized that I had no choice but to pay for a new exam to get a completed 693.

[Joyoussinger 1,410]

24 minutes ago, Samursa said:

If you know what vaccines are missing and you can get them before your interview and show an updated 3025 you may be fine. The RFE I got was vague. It only stated that vaccines were incomplete and we needed to get them and complete a new 693. I spoke to the only 3 civil surgeons in our area and all said that they would not fill out a 693 without a medical exam. They all stated that a lack of completed vaccines is a Class A medical issue that precludes the option to skip a new exam. I went back and forth  and showed them all the USCIS documents. I finally gave up and realized that I had no choice but to pay for a new exam to get a completed 693.

It wouldn't be an updated DS- 3025 you would get. The CS would transcribe the vaccines onto an I-693. I do believe you can do this after the interview to satisfy an RFE, but it would depend on what the RFE specifically asks for. 

[yuna628 9,528]

Well it sounds like you had a doctor that didn't know/want to follow the rules properly. Let's hope the officer reviewing the case understands. However, if not, it is possible to find a US-CS that is willing to just do the proper transcription of the I693, vaccination portion only. It's simple and only takes a few minutes. If you get any additional vaccinations make sure to keep proof and bring them to the US-CS if it came to it.

 

If you should ever need a US-CS and can't find one in NJ, I can recommend one near the MD-DC border. It's a bit of a trip, but it was a bit of a trip for us too. Well worth the peace of mind and hardly expensive.

Edited November 11, 2019 by yuna628

[Joyoussinger 1,410]

2 hours ago, yuna628 said:

Well it sounds like you had a doctor that didn't know/want to follow the rules properly. Let's hope the officer reviewing the case understands. However, if not, it is possible to find a US-CS that is willing to just do the proper transcription of the I693, vaccination portion only. It's simple and only takes a few minutes. If you get any additional vaccinations make sure to keep proof and bring them to the US-CS if it came to it.

 

If you should ever need a US-CS and can't find one in NJ, I can recommend one near the MD-DC border. It's a bit of a trip, but it was a bit of a trip for us too. Well worth the peace of mind and hardly expensive.

Thank you so much for your help! If I need a recommendation, I will ask you. There are several US-CSs near me. I'm going to call and find out if any will do an I693 transcription, just in case we need it. I scrolled a little more down the USCIS manual (thanks to @K1visaHopeful) and saw this section I find reassuring:

"The officer should be aware that civil surgeons may improperly mark the boxes because they may misunderstand the meaning of these boxes. Therefore, the officer should determine, from the vaccination assessment completed by the civil surgeon, whether the applicant received all vaccines, which blanket waivers should be granted, and whether the applicant requires any other waivers. The officer should exercise discretion in reviewing the vaccination chart and when evaluating the results boxes at the bottom of the vaccination assessment chart."

 

[Joyoussinger 1,410]

I posted this on another thread, because a couple of people there are following this, but I should have posted it here, too - so here goes:  I did call a US-CS in our area, to tell his that my husband had already gotten his flu shot at CVS and to find out if he would do just the vaccination portion of the I-693 for us. He said he would do it. He also told me that he just received a letter from USCIS, with regulations, and it mentioned that a full medical is not required if the first was done within a year. Of course, we all know that, but it was good to find a US-CS who is aware of it. We decided to go ahead and do it. My husband's DS-3025 is so incorrectly filled out and we aren't going to count on the IO realizing this. The money we'll spend for the I-693 will give us peace of mind and confidence when we attend the interview . Best of luck to everyone here!