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SusnOwen

AOS from a B2 visa and medical

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Good morning, all - Thought I would share in case it helps anyone else.  My husband had his interview on 4/19 for AOS from a B2 visa based on marriage.  Our I-130 was approved, but we received an RFE for the medical exam for two reasons: We brought the medical to the interview, per the instructions.  The medical exam was more than 90 days prior to its submission, so we need an updated medical report.  The second issue is that the civil surgeon used an outdated form, which REALLY annoys me, since we pay enough money to get this medical done!  I just wanted to share for any of you in a similar situation - I would not advise doing your medical until you get your interview date - and check the form that they use!  Our civil surgeon gave us a copy as well as the sealed envelope, unfortunately I didn't check it.

Edited by SusnOwen
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Thank you for sharing the info - I'm also adjusting from a tourist visa but I haven't done the medical yet. I'll be sure to cross check the forms with the civil surgeon and do the medical as close as possible to the AOS interview.

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14 hours ago, SusnOwen said:

Good morning, all - Thought I would share in case it helps anyone else.  My husband had his interview on 4/19 for AOS from a B2 visa based on marriage.  Our I-130 was approved, but we received an RFE for the medical exam for two reasons: We brought the medical to the interview, per the instructions.  The medical exam was more than 90 days prior to its submission, so we need an updated medical report.  The second issue is that the civil surgeon used an outdated form, which REALLY annoys me, since we pay enough money to get this medical done!  I just wanted to share for any of you in a similar situation - I would not advise doing your medical until you get your interview date - and check the form that they use!  Our civil surgeon gave us a copy as well as the sealed envelope, unfortunately I didn't check it.

FWIW I don't think you're supposed to check the sealed envelope. The civil surgeon who did my husband's medical exam gave us a copy of it for our records, although I don't think that's standard practice based off what I've read here. I'll echo the holding off on doing the medical until you have an interview scheduled, and make sure you give the civil surgeon a couple days to finish it. We cut ours super super close and picked up the medical report the day of our interview, would not recommend lol. 

Married 4/12/18
Mailed AOS Packet (485, 131, 130, 130a, 864, 765) 4/9/19
Packet Delivered to Chicago Lockbox 4/12/19
NOA1 for i-130, 765, 131, 485: 4/19/19
Biometrics Notice: 4/26/19
Biometrics appointment 5/14/19
Notice For Interview 5/21/19
693 completed: 6/25/19 (appointment was 6/21/19, civil surgeon needed time to process)
Interview: 6/25/19
Approved: 6/25/19 (online case status lists new card is being produced)
GC in hand: 7/2/19

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7 hours ago, 617Haligonian said:

FWIW I don't think you're supposed to check the sealed envelope. The civil surgeon who did my husband's medical exam gave us a copy of it for our records, although I don't think that's standard practice based off what I've read here. I'll echo the holding off on doing the medical until you have an interview scheduled, and make sure you give the civil surgeon a couple days to finish it. We cut ours super super close and picked up the medical report the day of our interview, would not recommend lol. 

You definitely shouldn't open the sealed envelope, but we also had a copy for our records.  Unfortunately, I didn't check the copy for the form version - my error.

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10 hours ago, SusnOwen said:

You definitely shouldn't open the sealed envelope, but we also had a copy for our records.  Unfortunately, I didn't check the copy for the form version - my error.

Oh that's a huge bummer! I hope it all worked out okay in the end! 

Married 4/12/18
Mailed AOS Packet (485, 131, 130, 130a, 864, 765) 4/9/19
Packet Delivered to Chicago Lockbox 4/12/19
NOA1 for i-130, 765, 131, 485: 4/19/19
Biometrics Notice: 4/26/19
Biometrics appointment 5/14/19
Notice For Interview 5/21/19
693 completed: 6/25/19 (appointment was 6/21/19, civil surgeon needed time to process)
Interview: 6/25/19
Approved: 6/25/19 (online case status lists new card is being produced)
GC in hand: 7/2/19

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On 4/23/2021 at 10:53 PM, 617Haligonian said:

Yes I agree with this. We haven't finished our medical report yet. The immigration officer at the interview told us we can submit it later or drop it off. But it was definitely stressful because we were worried we would be denied for not having it with us. You have to do the physical with the doctor then get the bloodwork and immunizations if needed. It took us a while to get the appointment with the doctor and to schedule the bloodwork. So I recommend not waiting to get this done and if your husband needs to take a few hours off of work to get this done, it should take priority. The polio test takes almost 2 weeks. And the envelope must remain sealed. Also recommend getting a copy of the report from the doctor for your review and records.

 

On 4/23/2021 at 10:53 PM, 617Haligonian said:

 

FWIW I don't think you're supposed to check the sealed envelope. The civil surgeon who did my husband's medical exam gave us a copy of it for our records, although I don't think that's standard practice based off what I've read here. I'll echo the holding off on doing the medical until you have an interview scheduled, and make sure you give the civil surgeon a couple days to finish it. We cut ours super super close and picked up the medical report the day of our interview, would not recommend lol. 

 

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Filed: AOS (apr) Country: Mexico
Timeline

There is no such thing as 'The medical exam was more than 90 days prior to its submission" that makes it invalid, unless you mean you had the medical exam done more than 60 days prior to filing your 485. If you have a medical exam done after you file your 485 it is good for 2 years whether you send it in or bring it to your interview. Your RFE might just be for using an outdated form only.

My wife came to the US on an F1 visa about 10 years ago.

05/19/2007 Wedding

03/11/2008 Mailed AOS

03/13/3008 Forms Recieved in Chicago

03/19/2008 Checks Cashed

03/21/2008 NOA's received

04/07/2008 Biometrics Appointment in Cincinnati

05/06/2008 I-765 and I-131 Approved

06/06/2008 I-485 Interview in Louisville, KY

06/06/2008 I-485 Approved :)

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11 hours ago, Paul Hanaki said:

There is no such thing as 'The medical exam was more than 90 days prior to its submission" that makes it invalid, unless you mean you had the medical exam done more than 60 days prior to filing your 485. If you have a medical exam done after you file your 485 it is good for 2 years whether you send it in or bring it to your interview. Your RFE might just be for using an outdated form only.

What I typed is what was on the letter that we received with the RFE.  The medical exam was done after we filed the 485, and both reasons that I stated are given as reasons for the RFE.  So, based on what is written on the RFE letter, there is such a thing.  I'm sharing my experience as to what happened, based on a filing in the current decade,  in order to help others- Do you have proof that supports your statement?

Edited by SusnOwen
typo
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Filed: AOS (apr) Country: Mexico
Timeline
2 hours ago, SusnOwen said:

 I'm sharing my experience as to what happened, based on a filing in the current decade,  in order to help others- Do you have proof that supports your statement?

Yes our AOS was approved last week so my info is current and from the USCIS web page. Here is the snippet from the I-485 instructions "you may choose to submit your Form I-693 after you file your Form I-485. You may also submit Form I-693 in person at an interview in a USCIS field office, if an interview is required" Here is a snippet from the I-693 Instructions " 6. Submit your completed Form I-693 in the sealed envelope to USCIS. Please see our website at www.uscis.gov/I-693. The Form I-693 must be dated no earlier than 60 days before you filed your underlying application. A properly" https://www.uscis.gov/sites/default/files/document/forms/i-693instr.pdf

 

 

My wife came to the US on an F1 visa about 10 years ago.

05/19/2007 Wedding

03/11/2008 Mailed AOS

03/13/3008 Forms Recieved in Chicago

03/19/2008 Checks Cashed

03/21/2008 NOA's received

04/07/2008 Biometrics Appointment in Cincinnati

05/06/2008 I-765 and I-131 Approved

06/06/2008 I-485 Interview in Louisville, KY

06/06/2008 I-485 Approved :)

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Filed: AOS (apr) Country: Mexico
Timeline
3 hours ago, SusnOwen said:

 Do you have proof that supports your statement?

And this is  USCIS Policy Manual Volume 8, Part B, Chapter 4. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4#S-C-4  

 

When did civil surgeon sign?

I-693 retains evidentiary value through

No more than 60 days before applicant filed underlying benefit application with USCIS

2 years from date civil surgeon signed I-693

After applicant filed benefit application with USCIS

2 years from date civil surgeon signed I-693

More than 60 days before applicant filed benefit application with USCIS

N/A – I-693 not valid at time applicant submits I-693 to USCIS

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

  • Concurrently with the immigration benefit application; or

  • At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report. 

 

My wife came to the US on an F1 visa about 10 years ago.

05/19/2007 Wedding

03/11/2008 Mailed AOS

03/13/3008 Forms Recieved in Chicago

03/19/2008 Checks Cashed

03/21/2008 NOA's received

04/07/2008 Biometrics Appointment in Cincinnati

05/06/2008 I-765 and I-131 Approved

06/06/2008 I-485 Interview in Louisville, KY

06/06/2008 I-485 Approved :)

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Filed: AOS (apr) Country: Mexico
Timeline

Eh I didn't notice that my previous comment was not complete and I can't edit.

 

https://www.uscis.gov/sites/default/files/document/forms/i-693instr.pdf  Number  6 under How Do I File Form I-693?. 

Submit your completed Form I-693 in the sealed envelope to USCIS. Please see our website at www.uscis.gov/I-693. The Form I-693 must be dated no earlier than 60 days before you filed your underlying application. A properly and timely completed Form I-693 remains valid for two years from the date of the civil surgeon’s signature.

 

My wife came to the US on an F1 visa about 10 years ago.

05/19/2007 Wedding

03/11/2008 Mailed AOS

03/13/3008 Forms Recieved in Chicago

03/19/2008 Checks Cashed

03/21/2008 NOA's received

04/07/2008 Biometrics Appointment in Cincinnati

05/06/2008 I-765 and I-131 Approved

06/06/2008 I-485 Interview in Louisville, KY

06/06/2008 I-485 Approved :)

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Our IO was saying something similar to us at the interview. I filed in June 2020, and did my medical in July 2020, interviewed in February 2021. He was saying something about the medical needing to be certified within 60 days or something by USCIS. And my response was....I got the I-693 deficiency letter which clearly states DO NOT MAIL, but bring to the interview, which is what we did. 

Fortunately, it was accepted in the end...he said something to the effect of "under the circumstances, we'll accept it." But I'm pretty sure my medical was valid despite what IO was saying. I posted about this in the June filers forum and got similar responses about the medical being valid as long as it wasn't done more than 60 days PRIOR to filing, and then it's good for 2 years!! FROM when the civil surgeon signs....nothing to do with USCIS reviewing it within a certain period. 

Anyway, I'm sorry your medical wasn't accepted AND that it was on the outdated form. Hopefully the civil surgeon who did the medical will redo it free of charge. Good luck!

March 2019: Married, Filed I-130 in April 2019

AOS: Filed June 10, 2020, Received June 13, 2020, Cheque cashed July 16

(I-130 approved in Oct 2019 because we were originally doing consular CR-1 processing)
NOAs July 24 (dated July 17) 2020
Biometrics Jan 7, 2021 (notice dated Dec 12, received Dec 22)
Case updated to 'Interview Scheduled' (Jan 19, 2021, received letter Jan 25)

February 24! Interview! New Card being produced!

Feb 25, 2021: Case approved.

March 1, 2021: Card was mailed

March 4, 2021: Green Card Received! 🥳

March 25, 2021: SSN Application
March 29, 2021: Received SSN
Dec 5, 2022: I-751 ROC Delivered to Lockbox

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Filed: AOS (apr) Country: Mexico
Timeline
7 hours ago, KAP2019 said:

He was saying something about the medical needing to be certified within 60 days or something by USCIS. 

I think it is lack of training or something on their side. I mean it is right there in their policy manual. This wouldn't have helped the OP as it looks like they rightfully got the RFE due to using a previous version of the form. 

My wife came to the US on an F1 visa about 10 years ago.

05/19/2007 Wedding

03/11/2008 Mailed AOS

03/13/3008 Forms Recieved in Chicago

03/19/2008 Checks Cashed

03/21/2008 NOA's received

04/07/2008 Biometrics Appointment in Cincinnati

05/06/2008 I-765 and I-131 Approved

06/06/2008 I-485 Interview in Louisville, KY

06/06/2008 I-485 Approved :)

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Our RFE specifically says "Over 90 days have lapsed since the submission of the I-485 application for Permanent Residence and the civil surgeon exam".  We got the exact same deficiency notice that stated to bring it to the interview.  Unfortunately, it was on an outdated form - But I am going to argue with the civil surgeon's office that they just need to complete the correct form.  They didn't mention anything to us about it at the interview, or I would have made the argument with the deficiency notice, because we received the same, and I had it with us.  Sounds like, as usual, there needs to be more training in changing policies.  Clearly, I think anyone going through the same type of interview with the deficiency notice should be sure to point out that the notice states to bring it to the interview, and try to head off similar problems.

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To update this, for anyone interested.  My husband went to his medical yesterday.  The doctor's office gave me the same story about the medical being expired - I was prepared this time, and had the policy manual and our deficiency notice in hand.  Despite that, they still insisted it needed to be redone - At this point, I wasn't fully arguing it, but I asked if we could use our health insurance for any lab tests they would do, as we would have done them in advance and not had to pay cash out of pocket.  They actually billed the ENTIRE medical to insurance, so we didn't even have to pay the civil surgeon fee!  One highlight in this pain in the butt process, lol!

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