Interviewer couldn't approve I-485 today because of possibly "expired" medical?

[jaysaldi 213]

My K-1 fiancee had her medical exam in Cambodia in June (I think) 2019. I may have  been in May, may have been July. 

 

She then interviewed for her K-1 visa and entered the USA in August 2019.

 

She filed her I-485 application for adjust status  in November 2019. 

 

Her AoS interview was originally scheduled for April, then rescheduled for today.

 

Everything went OK at the interview today, but the interviewer said he couldn't approve today because the medical was over a year old now (more than a year before the interview), and he had to check if there was a COVID-related extension.

 

I told him that I'm not an expert on this stuff ,but I thought filing the I-485 within a year of the medical exam preserved its timeliness and that the interview date then didn't matter.

 

He said he would have to look into it and talk to some people but we might be getting an RFE for more medical info.

 

Any thoughts?

 

[jaysaldi 213]

Ah, never mind. Just got an email that green card is being produced. I guess the interviewer talked to some co-workers and was satisfied the medical exam was timely.

[TreyH 14]

Congratulations what Office was this? 

 

[Bear11 7]

20 hours ago, jaysaldi said:

Ah, never mind. Just got an email that green card is being produced. I guess the interviewer talked to some co-workers and was satisfied the medical exam was timely.

congratulation

[jaysaldi 213]

1 minute ago, Bear11 said:

congratulation

Thanks. I think there is a lesson learned here.

 

If you entered on a K-1 visa, and you married within 90 days, but due to these massive COVID delays and reschedulings your medical exam is more than a year old at the time of interview, it may not be a bad idea to at least bring a printout to your interview of the regulations saying that no new medical exam shall be required if the applicant applied to adjust status within a year of the medical exam.

 

https://www.ecfr.gov/cgi-bin/text-idx?&node=pt8.1.245#se8.1.245_15

 

It's in section 245.15 there:

 

§245.5   Medical examination.

Pursuant to section 232(b) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fianceé, or fianceeé of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and §214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status. Any applicant certified under paragraphs (1)(A)(ii) or (1)(A)(iii) of section 212(a) of the Act may appeal to a Board of Medical Officers of the U.S. Public Health Service as provided in section 234 of the Act and part 235 of this chapter.

 

 

My response to the interviewer when he said he thought a new medical exam might be required by law, and that we should expect a possible RFE, was to clumsily and unconvincingly say "I think the medical is still timely since she filed to adjust status within a year of the medical exam." 

 

Fortunately he looked into this after we left and came to the right answer. But it would have been better if I could have gently and politely just handed him a copy of the regulation confirming this, to avoid any further confusion or delays.

 

I don't think I'm the first poster here to run into this issue. Others have gotten RFEs I think. Having a copy of this regulation available at the interview may be helpful.

[Bear11 7]

thanks

[Ashley Marin 15]

Wasn't I-693 validity extended from 1 to 2 years beginning November 2018? 

[whiterose123 95]

On 12/4/2020 at 11:50 AM, jaysaldi said:

My K-1 fiancee had her medical exam in Cambodia in June (I think) 2019. I may have  been in May, may have been July. 

 

She then interviewed for her K-1 visa and entered the USA in August 2019.

 

She filed her I-485 application for adjust status  in November 2019. 

 

Her AoS interview was originally scheduled for April, then rescheduled for today.

 

Everything went OK at the interview today, but the interviewer said he couldn't approve today because the medical was over a year old now (more than a year before the interview), and he had to check if there was a COVID-related extension.

 

I told him that I'm not an expert on this stuff ,but I thought filing the I-485 within a year of the medical exam preserved its timeliness and that the interview date then didn't matter.

 

He said he would have to look into it and talk to some people but we might be getting an RFE for more medical info.

 

Any thoughts?

 

Actually the interview NOA itself says it : " a completed medical examination and vaccination supplement in a sealed envelope unless already submitted " with no mention of an expiration time...