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Filed: K-1 Visa Country: Jersey
Timeline
Posted

Hello,

 

This question is a bit specific and lengthy, so please only answer if you truly feel certain of how I should proceed.  If you, your spouse or someone on here that you specifically know of haven't encountered something like this, please refrain from giving me questionable advice.  🙂

 

My husband had his Visa Approval delayed by several months last year because he had a medicinal marijuana prescription from his doctor in his former country.  He was very upfront about this and also consulted with an immigration attorney on how to handle everything. The prescription was for anxiety. The embassy doctor asked him to stop smoking, obtain a letter from his (now overseas) doctor who prescribed it stating that he felt he could function after stopping the marijuana and that it wouldn't have a negative affect on his mental health, etc.  The embassy doctor then required him to fly back to the embassy 3 separate times for drug tests, all of which he passed. Once they finally approved it and issued his K1 visa, it expired in less than a month because of all the flying back and forth for the drug tests, so he rushed to pack up his life and move here.  Right before he flew here, we noticed an annotation at the bottom of the visa that stated "Class B req attn of USPHS at POE". We barely had any time to worry about it, and we chalked it up to perhaps they'd want to drug test him at point of entry.  But, he arrived at his point of entry and handed his packet to them and they never said ANYTHING about this or told him he needed any further evaluation.  Well, now our interview is coming up on July 21st and I'm questioning if we're about to fall into a trap or loophole that perhaps wasn't told to him at point of entry.  One of the items on our interview letter is "If required, completed form I-693, Report of Medical Examination and Vaccination Record, and/or vaccination supplement in a sealed envelope (unless already submitted). Please see the Form I-693 Instructions for guidance on whether you need to complete medical examination, and updated vaccine supplement only, or neither".

 

SO, upon reading those instructions, it states:

 

If you were admitted as a K-1 fiancé(e) and you received a medical examination prior to admission, then: (1) you are not required to complete another immigration medical examination as long as you file your Form I-485 within one year of an immigration medical examination completed outside the United States; and (a) the panel physician did not find a Class A medical condition during your immigration medical 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.

So all those things DO apply - he's a K-1, we filed his I-485 within a year of his medical examination, AND I didn't include a I-693 with his AOS (I-485) package. I saw that this was a question for some on this forum but I decided to just forego including it and they never came back with an RFE for this issue. 

 

But, no mention whatsoever about Class B conditions in the I-693 instructions. However, I'm finding things online stating that when you have a Class B, the agent at point of entry will sometimes tell you that you need another examination within so many days of entry. I'm seeing other things mentioned about how Class B may require a new, "partial I-693" completed. Granted, a lot of these things are a combination of things I've seen across this forum, Reddit, and AI.  

 

So I guess my question is.... I don't see anywhere officially stating that a Class B condition requires a new medical exam, however on the other hand I'm also unsure of exactly how Class B's are officially handled. It's NOT for TB. If anything, it's due to his former anxiety diagnosis, or it's for the marijuana, or both.  But at this point, is it safe to assume that I should just bring a copy of his vaccination records and they'll tell me at the interview if we need to obtain an new medical exam? Or should I be concerned about on-the-spot denial if I don't supply a new medical packet? 

 

Any help or guidance would be very, very much appreciated. Thank you!

 

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to AOS Family K1/K3, from K1 P&P- The OP is asking about the AOS stage~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
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