Application denied

[buster2209 2]

Here goes, let me explain this as succinctly as I can;

After submitting the green card application (I-485), I got an RFE a few months later stating "There is no record of a complete medical exam in your file. Please submit a properly completed form I-693".

I called the USCIS 1-800 number and explained to them that;

1. We didn't have to file an I-693 because;
   a - I entered the country on a fiancé visa
   b - The medical I took in my home country to gain the fiancé visa is less than a year old.
   
2. Within the original green card application, I submitted the receipt I received from my medical exam as proof I had a medical done less than one year before we applied for the green card.
   
3. I HAD to have a medical in order to receive a K-1 visa! It's MANDATORY!!!!!!!
   

I was then advised to send a letter to the USCIS explaining this which I promptly did INCLUDING attaching a copy of my medical receipt and vaccination form AND the relevant pages from the instructions on filling these forms in that stated I didn't have to submit an I-693.

I then received a letter today saying that I failed to submit the evidence required (the I-693) by the deadline stated and my application has been denied. It states there is no appeal allowed against this decision and my work visa is terminated from the date of this letter.

The letter also states that if I can fill in a form to re-open the case........... wait for it ............ for a fee of $585!!! I will then probably have to shell out another $xxx to get a medical the law states I don't require.

Needless to say, my wife and I have made an appointment at the local USCIS office tomorrow to try and rectify this but don't have high hopes that this will solve the situation.

After that, it's down to the local Congressman's office. It is the last avenue we have before we have to shell out more money to get the case re-opened. According to what I have read on this forum, it appears there has been some success with contacting your Congressman. We are hoping because it is an election year, and he's a democrat looking for re-election, he will use his clout to sort this.

The utter ineptitude and lack of professionalism of the USCIS is simply astounding.

I am posting this to ask for any advice people may have and I will also post any outcome that occurs with the intention it may help somebody else down the road who runs into the same problem.

Edited January 19, 2010 by buster2209

[Bobby+Umit 161]

What is the timeframe between you submitting the letter (about not giving them another 693) and the application denied letter?

(It appears that you may have fallen victim to the "lost medical package" at POE/CBP - I would of recommend going to a CS, get your vaccinations filled out on the I-693 and submit that with proof of the K-1 medical requirements - that way - you at least sent them an I-163)

Please keep this updated to what you find out - there are a lot of posts here about medicals getting lost.

[Nik+Heather 121]

Buster,

So sorry to hear about your difficulties. We also got an RFE for the medical stating that ours was expired. (???!!! Heloooo, done April 2009) I had originally planned to do just as you did, send a letter with the rules and proof of having complied, but your experience makes me second guess.

I share your outrage that we should have to pay more because they can't get their requirements straight.

[buster2209 2]

What is the timeframe between you submitting the letter (about not giving them another 693) and the application denied letter?

RFE notice date is 10 Nov 2009. It states we have until December 22 2009 to reply. We sent it registered mail and got confirmation the response was received on the 14 Dec 2009. The letter they sent I received today saying the application had been denied was dated 11 Jan 2010 and states they received my letter regards the original RFE on the 15 Dec 2009.

(It appears that you may have fallen victim to the "lost medical package" at POE/CBP - I would of recommend going to a CS, get your vaccinations filled out on the I-693 and submit that with proof of the K-1 medical requirements - that way - you at least sent them an I-163)

Please keep this updated to what you find out - there are a lot of posts here about medicals getting lost.

I was debating getting the I-693 filled in with my vaccination information only, however, the original FRE stated there was no record of a medical, not just my vaccination record.

I will add to this thread as more develops.

Buster,

So sorry to hear about your difficulties. We also got an RFE for the medical stating that ours was expired. (???!!! Heloooo, done April 2009) I had originally planned to do just as you did, send a letter with the rules and proof of having complied, but your experience makes me second guess.

I share your outrage that we should have to pay more because they can't get their requirements straight.

I think it would be prudent if you made an appointment with your local USCIS office BEFORE your deadline expires. I would also highly recommend you contact your Congressman about helping to sort the situation out.

I am pissed because this should have been the EASY bit as compared to all the other hoop jumping we had to go through beforehand!

[Nik+Heather 121]

I think it would be prudent if you made an appointment with your local USCIS office BEFORE your deadline expires. I would also highly recommend you contact your Congressman about helping to sort the situation out.

I am pissed because this should have been the EASY bit as compared to all the other hoop jumping we had to go through beforehand!

Yes, after reading your thread, I have started to poll the immigration specialists with the different reps' offices. One said that I could write a letter to ask them to look into it, but that I should also respond to the RFE with evidence that the medical exam (& later transcription) was completed within the time frame. Mine's slightly different from yours because they say they got a medical, but that it was out of date, not that we didn't have one at all, but I'm afraid that it will end up the same way - doesn't matter if we're wrong or they're wrong, WE have to pay!

I will see if we can set up an INFOPASS, but I didn't see that we fit into any of the categories to get one...Ah well.

I'm also disappointed about this turn of events - at least we are with our spouses during this part.

[baron555 934]

Did you send a copy of the DS-3025 with your 485? They sometimes will accept that in lieu of the 693. If you did not, then shell out the money for a 693 exam and get on with it.

[NatPatBen 3]

I will see if we can set up an INFOPASS, but I didn't see that we fit into any of the categories to get one...Ah well.

I'm also disappointed about this turn of events - at least we are with our spouses during this part.

I've always made my Infopass appointments using the Case Services follow-up appointment option. When I get there, I say I have questions bout my case status.

Did you send a copy of the DS-3025 with your 485? They sometimes will accept that in lieu of the 693. If you did not, then shell out the money for a 693 exam and get on with it.

They seem to have stopped accepting that starting with November filers.

[Bobby+Umit 161]

Did you send a copy of the DS-3025 with your 485? They sometimes will accept that in lieu of the 693. If you did not, then shell out the money for a 693 exam and get on with it.

The problem is - they all ready denied his AOS, so he would have to pay more money just re-open it (AOS).

can of worms this is...

[moroccanwife 11]

My husband recently applied for his AOS and although he had already had a medical exam we were still required to send the I693. We went to the doctor and he did not do the complete physical. He just gave him two vacsinations that were required and filled that portion of the form out and sealed it in an envelope. We did not have to do the entire exam...but still were required to send the partial I693.

[f1_gurl 0]

My medical was also less than 1 year and had full medical before i came here in the US on k1.. I just submitted my DS form when i sent my AOS.. I got an RFE and they asked me to send the I-693... When I went to the civil surgeon they had to give me 2 shots in order to comply with the requirements... I think USCIS now wants everyone to send the I693 form when filing AOS.. unlike before when they just approve applicants who sends their DS form.

[baron555 934]

My medical was also less than 1 year and had full medical before i came here in the US on k1.. I just submitted my DS form when i sent my AOS.. I got an RFE and they asked me to send the I-693... When I went to the civil surgeon they had to give me 2 shots in order to comply with the requirements... I think USCIS now wants everyone to send the I693 form when filing AOS.. unlike before when they just approve applicants who sends their DS form.

Only if these folks had done this:

These clearly state what to do with the DS-3025 and what to do about the I-693. We're about to send in hers and we have both to send.

A little preparation and research and conservatism goes far in creating good luck with the USCIS!

[NatPatBen 3]

Only if these folks had done this:

These clearly state what to do with the DS-3025 and what to do about the I-693. We're about to send in hers and we have both to send.

A little preparation and research and conservatism goes far in creating good luck with the USCIS!

Sure they say that. As the person you quoted mentioned, they only just started enforcing the requirement a few months ago. Most people I know who filed AOS before November sent in only the DS-3025 and had no issues.

But now that we know they're enforcing it, current & future filers shouldn't have the same issue as Nov/Dec filers... except in cases where USCIS loses the medical or thinks it's out of date when it's not.

[Zen Den 18]

Sure they say that. As the person you quoted mentioned, they only just started enforcing the requirement a few months ago. Most people I know who filed AOS before November sent in only the DS-3025 and had no issues.

But now that we know they're enforcing it, current & future filers shouldn't have the same issue as Nov/Dec filers... except in cases where USCIS loses the medical or thinks it's out of date when it's not.

this has been the case since my application at least (2008)

while you were right that you didn;t need to undergo another medical exam because you came in as a K1 and your medical is less that one year old, you still needed to submit the i693a which should've been filled out by a civil surgeon, to show the two above facts, or submitted your ds-3025 if you have it.

here's other info:

http://www.visajourney.com/forums/index.php?showtopic=101202

[buster2209 2]

Here's an update;

We went down to the USCIS on Philadelphia and got things straightened out.

The lady who spoke to us said she gets about 3-4 people A WEEK who come down with the same problem that they get an RFE for an I-693 when they arrived on a K-1 visa. The advice she gives is to find the relevant section in the I-485 and I-693 instructions that states a K-1 applicant needs not to submit an I-693 if his medical is less than a year old. Highlight these part with a marker pen, and send it to whatever service centre you are dealing with as well as your DS-3025 and receipt from your medical if you have one.

It also turns out my wife and I made another critical error......

As far as the AOS package goes, it consists of the forms I-485, G-325A, I-864, I-765, I-131, and (possibly) the I-693.

The I-485 is known as the 'Application to register permanent residence or adjust status'.

The RFE we received stating that there was no record of my medical also stated above it that we submitted an incomplete I-485 and we needed to submit a completed I-485. We wrongly read the RFE as the missing pages from the I-485 meant the I-693 was the missing pages. Because the I-485 instructions states to send in the 4 (possibly 4) other completed forms, we took the the term I-485 meaning the WHOLE package and not the actual I-485 form.

As it turns out, we actually missed out pages 2 and 3 in the I-485 form.....

The USCIS lady said if we hadn't missed out pages 2 and 3 from the I-485, we could just send our service centre notification that an I-693 is not required from a K-1 applicant and that should have sorted it out.

As it turns out, we have to file the entire AOS package again........ at a cost of $1010!

We can't file to re-open the case (form 290B - $585) as we will probably lose that as our I-485 form was incomplete.

We are annoyed we got bad advice from the USCIS 1-800 number and that we were sloppy with our I-485 form.

Edited January 21, 2010 by buster2209

[menina 50]

Here's an update;

We went down to the USCIS on Philadelphia and got things straightened out.

The lady who spoke to us said she gets about 3-4 people A WEEK who come down with the same problem that they get an RFE for an I-693 when they arrived on a K-1 visa. The advice she gives is to find the relevant section in the I-485 and I-693 instructions that states a K-1 applicant needs not to submit an I-693 if his medical is less than a year old. Highlight these part with a marker pen, and send it to whatever service centre you are dealing with as well as your DS-3025 and receipt from your medical if you have one.

It also turns out my wife and I made another critical error......

As far as the AOS package goes, it consists of the forms I-485, G-325A, I-864, I-765, I-131, and (possibly) the I-693.

The I-485 is known as the 'Application to register permanent residence or adjust status'.

The RFE we received stating that there was no record of my medical also stated above it that we submitted an incomplete I-485 and we needed to submit a completed I-485. We wrongly read the RFE as the missing pages from the I-485 meant the I-693 was the missing pages. Because the I-485 instructions states to send in the 4 (possibly 4) other completed forms, we took the the term I-485 meaning the WHOLE package and not the actual I-485 form.

As it turns out, we actually missed out pages 2 and 3 in the I-485 form.....

The USCIS lady said if we hadn't missed out pages 2 and 3 from the I-485, we could just send our service centre notification that an I-693 is not required from a K-1 applicant and that should have sorted it out.

As it turns out, we have to file the entire AOS package again........ at a cost of $1010!

We can't file to re-open the case (form 290B - $585) as we will probably lose that as our I-485 form was incomplete.

We are annoyed we got bad advice from the USCIS 1-800 number and that we were sloppy with our I-485 form.

Am I understanding right that they are making you resubmit everything because you were missing 2 pages? Wouldn't you just be able to send in the missing pages with your RFE? I'm sorry to hear that this is happening. It seems ridiculous to have to pay all over again!