Medical expiring soon

[JudyC 0]

I am a US Citizen filing for my two stepdaughters , ages 14 and 18, who live in Mexico. When they were interviewed in CJD on 8/4/2021 they were refused their IR-2 visas due to 221g. The Officer  asked for original certified copies of my divorce papers. Return of these documents were delayed 3 months because one of the offices had archived my papers and they had difficulty finding it But now all documents requested have been received according to tracking information. The first batch of documents were received by the Consulate in November and have been returned to me. The girls’ passports had been returned to us at the time of the interview but we mailed them to the Consulate and they were received on December 3rd. I called the Consulate and they acknowledged everything necessary has been received. I am very worried because their medical exams expire on February 2nd of this year.

I called the Consulate and the person I spoke to suggested sending a written inquiry to the Consulate and ask them to give us the latest status but all I received was a standard form email stating why they were refused initially. Is there anything else I can do? Does anyone know if the Consulate checks the expiration date of the medical exam and tries to complete the processing before that date? All the documents submitted were approved so it is just a matter of getting the visa stamp in the passports. When I search their status on CEAC it still states refused and shows that it was recently reviewed. Thank you in advance for any answers.

Edited January 6, 2022 by JudyC
Typing error

[JeanneAdil 6,562]

Yes,  they do as the visa expiration date is the same as expiration date of the medical exam

i would prepare to learn the embassy will ask for new medicals to issue a visa

getting it appoved now and having the visa expire Feb 2 and trying to get them here before then  is pushing it 

email the embassy with both case numbers and petitioner name and bene's names and ask for a document to redo the medical exams

[JudyC 0]

i am so confused with the reply from Jeanne. If the Consulate Officer approved the visas at the initial interview at the Consulate and were given their visas then, would that visa expire at the same time as the medical exam which was given one day earlier? That doesn’t make any sense to me because after they get the visas they have one year to enter the United States.

[Chancy 6,241]

On 1/7/2022 at 2:10 AM, JudyC said:

That doesn’t make any sense to me because after they get the visas they have one year to enter the United States.

 

Where did you get the info that they have 1 year to enter the US after getting the visas?  That is not accurate.  Immigrant visa expiration is strictly tied to medical exam expiration.  Maximum visa validity is 6 months after the medical date.

 

Note also that the true indication of visa approval is when CEAC status turns "Issued".  Until then, the visa is not approved (yet), regardless of any verbal approval from the consul officer at the interview.  If the visa is not issued before the medical expires, then the medical will need to be repeated in order to proceed with visa processing.

 

[JudyC 0]

Thank you for the replies. I felt certain I read somewhere that the children had one year to enter the United States after receiving their IR2 visa. I didn’t know it was tied to the date of the medical exam. Where can I go to see that information?Since I posted a few days ago about our dilemma another obstacle has arisen. I received an email from the Consulate that the Consular Officer is now requiring the children’s father to send in his divorce document from the children’s mother via DHL. An original certified copy of that document was provided at the interview and copies of that document was provided to NVC and with the I-30 petition. I am extremely angry and frustrated because at the interview my husband was there and had the file with him and was refused the visa and given the blue letter stating per 221g they want sent to them both girls’s passports and my divorce documents (which were also in the packet). It never said anything about wanting their father’s divorce document also or else I would have sent it in with mine the first week of November. My husband came to the US on a K-1 visa and would never have been approved if he didn’t provide that document. And now the Officer is asking for that less than a month before their medical expires? It is almost like they are trying to block this anyway they can. It is heartbreaking to us because the 18 year old was kicked out of the mother’s home at age 16 and now has an 8 month old baby. The 14 year old cries because she basically lives by herself in the home because the mother parties all the time and also the mother is a prostitute. We promised the girls over 3 years ago we would bring them to the US to live with us. They were approved at NVC and just when we were waiting for the interview appointment the pandemic hit. When we flew them into CJD for this interview all of us were so excited and we all left CJD in tears.

[SalishSea 17,937]

12 hours ago, JudyC said:

Thank you for the replies. I felt certain I read somewhere that the children had one year to enter the United States after receiving their IR2 visa. I didn’t know it was tied to the date of the medical exam. Where can I go to see that information?Since I posted a few days ago about our dilemma another obstacle has arisen. I received an email from the Consulate that the Consular Officer is now requiring the children’s father to send in his divorce document from the children’s mother via DHL. An original certified copy of that document was provided at the interview and copies of that document was provided to NVC and with the I-30 petition. I am extremely angry and frustrated because at the interview my husband was there and had the file with him and was refused the visa and given the blue letter stating per 221g they want sent to them both girls’s passports and my divorce documents (which were also in the packet). It never said anything about wanting their father’s divorce document also or else I would have sent it in with mine the first week of November. My husband came to the US on a K-1 visa and would never have been approved if he didn’t provide that document. And now the Officer is asking for that less than a month before their medical expires? It is almost like they are trying to block this anyway they can. It is heartbreaking to us because the 18 year old was kicked out of the mother’s home at age 16 and now has an 8 month old baby. The 14 year old cries because she basically lives by herself in the home because the mother parties all the time and also the mother is a prostitute. We promised the girls over 3 years ago we would bring them to the US to live with us. They were approved at NVC and just when we were waiting for the interview appointment the pandemic hit. When we flew them into CJD for this interview all of us were so excited and we all left CJD in tears.

So the teenager will have to leave her baby to immigrate?

[JudyC 0]

The baby’ father was born in the United States so he is an American Citizen but the father only lived in the states for about a year and his parents went back to Mexico. My stepdaughter and the father were going to get him a passport and file papers for the baby to come in also, maybe as a derivative beneficiary. We didn’t understand at that time that the visa expires when the medical expires so now we are unsure what to do. Can anyone tell me if she is not able to come over before the medical and visa expires does that mean she has to start over from the beginning of the process or what happens?

[Whatsnext12 0]

My relatives medical that was done here in the US expired after filing for adjustment of status.  Of course they needed a medical in their own country too just to get the visa.  

 

My relative has had a TB vaccine in their home country too.  So the skin test shows positive for TB always.  So we had to pay again for the special blood TB test.  We had to pay again for the Chest X ray.  The positive skin test for TB set off a chain reaction of oh noes this person has TB with tons of calls from the health department about taking the antibiotics.  None of which was fun to go through TWICE!

 

Made it all the way to the interview, and the interview person said it had to be repeated just send it to me after it is finished. We sent the new medical to the interviewer, and green card showed up in the mail.

 

So I would plan on repeating the medical.  Or go ahead and repeat it now if possible.  It sounds like the much easier medical is what you need which is the home country medical.  They seem to be pretty strict with that medical stuff the whole way through.

[jan22 3,056]

14 hours ago, JudyC said:

The baby’ father was born in the United States so he is an American Citizen but the father only lived in the states for about a year and his parents went back to Mexico. My stepdaughter and the father were going to get him a passport and file papers for the baby to come in also, maybe as a derivative beneficiary. We didn’t understand at that time that the visa expires when the medical expires so now we are unsure what to do. Can anyone tell me if she is not able to come over before the medical and visa expires does that mean she has to start over from the beginning of the process or what happens?

You've  gotten good advice concerning the medical.  But, you also likely need to review the situation for the baby.

 

If the US citizen father of the baby only lived in the US for a year or so after his birth, he is not able to transmit US citizenship to the baby.  (That requires him to have been physically present in the US for a minimum of 5 years, two of which had to be after he was over the age of 14.)  Without that physical presence, the baby is not a US citizen and will not get a US passport to come with his mother.  He will also not qualify for a derivitive visa based on his mother's IR-2 visa application.  Immediate relative visas (IR category) do not allow derivitive visa applicants.

 

There are a couple of choices for the baby if he is not a US citizen:

• If the baby's US citizen father is also planning on moving to the US, he can file an I-130 for the baby immediately.  Once the baby receives his own IR-2 visa and enters the US to live with his US citizen parent, he (the baby) will become a US citizen.   
• If the father is remaining in Mexico, the step-daughter enters the US with her IR-2 visa (without the baby), and immediately applies for an F2 visa for the baby.  She then can apply for a re-entry permit and, once fingerprinted for that application, return to Mexico to care for the baby until the baby's visa process is completed.

Edited January 10, 2022 by jan22

[JudyC 0]

Thank you SO much for the information for the baby! The father will be joining my daughter as soon as the baby can get approval to enter the US.

Do you know which process would be the fastest?

[jan22 3,056]

3 hours ago, JudyC said:

Thank you SO much for the information for the baby! The father will be joining my daughter as soon as the baby can get approval to enter the US.

Do you know which process would be the fastest?

Faster for the father to start the petition right now.  An IR-2 from him should generally be faster anyway -- but certainly will be now, since your step-daughter has to wait until she has an IV and actually enters the US before she can even submit the petition.  Note:  I am assuming he is listed on the birth certificate.  If not, it will likely take longer.

Edited January 10, 2022 by jan22

[JudyC 0]

On 1/8/2022 at 12:20 PM, Chancy said:

 

Where did you get the info that they have 1 year to enter the US after getting the visas?  That is not accurate.  Immigrant visa expiration is strictly tied to medical exam expiration.  Maximum visa validity is 6 months after the medical date.

 

Note also that the true indication of visa approval is when CEAC status turns "Issued".  Until then, the visa is not approved (yet), regardless of any verbal approval from the consul officer at the interview.  If the visa is not issued before the medical expires, then the medical will need to be repeated in order to proceed with visa processing.

 

 

[JudyC 0]

Chancy,

Thank you for your information. It looks like my daughters will have to do another medical exam. If I am understanding you correctly, they will have six months after the next medical exam to enter the United States?

[Chancy 6,241]

On 1/16/2022 at 8:14 AM, JudyC said:

It looks like my daughters will have to do another medical exam. If I am understanding you correctly, they will have six months after the next medical exam to enter the United States?

 

6 months after the medical is the maximum visa validity.  Most get 6 months, but some (like me) get less.  You'll find out for sure when you get the visa.  In any case, do not schedule another medical for your daughters until the consulate instructs you to do so.

 

[JudyC 0]

So very excited! The CJD Consulate came through for us at the very last minute. They called me on Monday, January 24th and told me my stepdaughters visas were just approved and asked if we could return to CJD Consulate asap to pick up the visas before the medical expires on 2/5. I told her absolutely. made necessary reservations and today (Jan 28th), they entered United States with us!! But now I have more questions answered asap if possible. My 18 year had to leave her 8 month old baby back in Mexico with the baby’s father’s mother while the baby’ father came in with my daughter for a couple days. When the girls were at the Consulate the Officer recommended they cross the border into the US today to get the visas stamped and then if they wanted to spend another day in the city they could return. the same day, we live in Arizona and we drove the children across, didn’t re-enter the city but stopped in El Paso for dinner when the grandmother called my daughter and said her baby has been crying nonstop for her. Of course, my daughter started sobbing and wants to return in the next couple days to be with her baby. The parents have not yet applied for a passport for the baby even though I have been telling them for months to get one because she wants to bring the baby to the US. I have been researching the situation and if she stays out of the states less than one year she doesn’t need a reentry permit. We will be paying her immigration fee tomorrow online but it states the green card will not arrive in the mail for approximately 90 days but the USCIS says it is possible the immigrant could travel while waiting for the green card. We travel to Mexico quite often and we can take the green card to her asap. Does anybody know if she would really be safe returning right away for approximately 6 months?