I-693a--My first Beef with VJ !

[Johnnysc 0]

Well, this site has been enormously helpful and encouraging thru a difficult process--because of VJ I got my fiancee (now wife) here from Ukraine and just mailed our AOS package in on July 27.

HOWEVER----(and I blame myself mostly, but I must complain just a wee bit) I did not send in ANYTHING with my AOS package in the way of medical information--ie---I-693a (or whutever)

Because---- (mostly my fault)----from my reading it looked like this medical exam stuff came later and one little three letter word in the 'Guide' blinded me to closer reading, I quote from the AOS guide:

" If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement (I-693A), not the entire medical report. You MAY include the vaccination supplement with your adjustment of status application.)"

(I capitalized 'May' here for emphasis)

Why does it say "MAY" when, (according to 'Devilette' and other sources) it should say you MUST submit it with your I-485 application--??? Do the I-485 instructions say so? I don't know how I missed it if that's the case---unless that little 'MAY' (as I suspect) blinded me to seeing anything to the contrary. I thought to myself, "Hey, I'm swamped with paperwork already, If I have the option to do this later why do it now?---in fact----doing it now seems like something unusual since it says 'you MAY send it in now...'"

Can we please change the guide and weed out that insidious little "MAY" ? So as not to trip up any future lunkheads such as myself?

I appreciate that the guides so helpfully include information designed to help you avoid paying for a full medical exam etc---------------I really am grateful for this site but in searching thru archived questions and comments about the I-693(a) as it pertains to AOS---I still find the whole thing rather confusing. If I hadn't accidently seen 'Devilette's' bold red sentence about how you MUST include the I-693 or get an RFE I'd never have known this and have been complacently waiting for good news from USCIS------

Lets clarify all this somewhere in the guide itself-----not just in posted comments where the clarification may become buried and difficult to find.

(and while I'm in 'Beef' mode, I'll add my 'Amen' to someone who posted recently that they thought things were getting just a leetle huffy and judgmental at times--- yes, it must be annoying for the cognoscenti to see questions repeated and questions asked that could be answered by diligent digging in the archives----but please, I little bit more kindness, some of you...)

John in SC

Deeply appreciate of all who have helped me thus far----even when the help came with a little too much vinegar on occasion.

[TracyTN 237]

The guides do, from time to time, suffer from being out of date. However, in this particular example, I wouldn't say its flat out wrong. There are several examples of people who did not submit the medical supplement form and got through without an issue (who knows - you may well be one of those people!). As with anything involving the USCIS, there is unfortunately nothing consistant about what any particular adjudicator may or may not do.

That's why the onus remains on the VJer to do any additional research and weigh the pros and cons of each scenario as they see fit.

[Krikit 1,163]

The "May" is on the form because the I-693A is not a requirement in all situations. Perhaps this post will be helpful.

[Otto 83]

It (the Guides) says:

"13. I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement (I-693A), not the entire medical report. You may include the vaccination supplement with your adjustment of status application.) "

Your emphasis on 'may' is incorrect - it is 'may' as in 'you are allowed.'

May I? - Am I allowed...

Can I? - Am I able...

[Johnnysc 0]

The guides do, from time to time, suffer from being out of date. However, in this particular example, I wouldn't say its flat out wrong. There are several examples of people who did not submit the medical supplement form and got through without an issue (who knows - you may well be one of those people!). As with anything involving the USCIS, there is unfortunately nothing consistant about what any particular adjudicator may or may not do.

That's why the onus remains on the VJer to do any additional research and weigh the pros and cons of each scenario as they see fit.

Fair enough Tracy and well-said. (another thing I appreciate about VJ is the speeedy replies!) but I think the AOS guide would be far more helpful if it included 'Devilettes' glaring red sentence---as you point out there is a lot of ambiguity and uncertainty in this whole process---so lets eliminate at least that which CAN be easily eliminated.

John---who once spent a summer in Memphis and has fond memories of it.

[TracyTN 237]

The guides do, from time to time, suffer from being out of date. However, in this particular example, I wouldn't say its flat out wrong. There are several examples of people who did not submit the medical supplement form and got through without an issue (who knows - you may well be one of those people!). As with anything involving the USCIS, there is unfortunately nothing consistant about what any particular adjudicator may or may not do.

That's why the onus remains on the VJer to do any additional research and weigh the pros and cons of each scenario as they see fit.

Fair enough Tracy and well-said. (another thing I appreciate about VJ is the speeedy replies!) but I think the AOS guide would be far more helpful if it included 'Devilettes' glaring red sentence---as you point out there is a lot of ambiguity and uncertainty in this whole process---so lets eliminate at least that which CAN be easily eliminated.

John---who once spent a summer in Memphis and has fond memories of it.

Sorry but what is 'Devilette's glaring red sentence'?

[Johnnysc 0]

It (the Guides) says:

"13. I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement (I-693A), not the entire medical report. You may include the vaccination supplement with your adjustment of status application.) "

Your emphasis on 'may' is incorrect - it is 'may' as in 'you are allowed.'

May I? - Am I allowed...

Can I? - Am I able...

Fair enough again karin----but , 'Allowed' is quite different from 'Required'-----it implys options---its misleading. Hopefully only to Me, but...

[Caladan 19]

When I called USCIS, the guy I got told me that I didn't need to submit the I-693A. But he sounded drunk and didn't sound like he was really hearing me, so we included it.

The text on VJ that Johnny quoted, IIRC, is the exact text in the instructions to the I-485. And in that context, it does sound more like it's giving permission for concurrently filing the I-693A. In the VJ guides for AOS off of K-1, it includes the I-693A.

[payxibka 10,044]

While it MAY be strongly recommended, what information source is the definitive source? The instructions to the I-485 which clearly indicates MAY or a VJ member who says MUST?

[YuAndDan 153]

Yes it says "MAY" in the I-485 instructions posted on USCIS.

I-485 instruction page 4

Fiancé(e)s.

If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report.You may include the vaccination supplement with your adjustment of status application.

http://www.uscis.gov/files/form/i-485instr.pdf (This applies also to K-3/K-4)

Two things can happen if you don't include it.

• The case is looked at by MSC and they decide it is a simple case and send it to CSC, CSC will then send you a request for the vaccination supplement, when they receive the supplement they continue processing and either approve without interview, or send the case to your field office for interview.
  
• The case is looked at by MSC and they decide an interview is needed, and send it to your field office, and when you get letter for interview, it will just tell you to bring the vaccination supplement with you.
  

Many were advise to send in with out it if they could not get it done before the rate increase, not sending it in wont kill the petition, just result in one of the above.

[Caladan 19]

Here's the text on the I-485:

"If you are a K-1 fiancee or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your adjustment of status application."

It seems to me pretty clear that the MAY is indicating permission to file concurrently since the sentence before seems to indicate that it is required. Compare with:

"If you filed before July 30, 2007, you need only pay the cheaper fees rather than the ridiculously hiked fees. You may pay by check."

You wouldn't conclude from that that payment isn't necessary just because it said 'may.' Same thing here.

[TracyTN 237]

Also, the pinned topic at the top of this forum specifically gives advice about the supplement:

http://www.visajourney.com/forums/index.ph...t=0&start=0

"When you apply to adjust status in the States, assuming you as a K-1 holder apply within one year of the original medical, you need an I-693A. This is USCIS'S VACCINATION SUPPLEMENT. Here's where it gets tricky! Some people have submitted a DS-3025 (obtained overseas at your medical documenting your vaccinations) with their AOS package and have NOT received RFE's. Some HAVE. If you want to be absolutely safe in terms of your medical documentation as a K-1 adjusting status, you should take your DS-3025 to a USCIS-certified civil surgeon and ask them to transfer the information from your DS-3025 to an I-693A. They should do this for a nominal charge. If they try to tell you you need a full medical examination, DO NOT LISTEN. You ONLY need the vaccination supplement. The following memo from the USCIS documents that this completed form will remain valid beyond one year when submitted with most Adjustment of Status applications.

http://www.uscis.gov/files/article/I693MedExt011106.pdf

The civil surgeon should give you an I-693A documenting the fact that your vaccinations are complete (either they were completed when you had your medical or you had them completed stateside). You should submit this with your AOS package."

[Jenn! 918]

Here's the text on the I-485:

"If you are a K-1 fiancee or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your adjustment of status application."

It seems to me pretty clear that the MAY is indicating permission to file concurrently since the sentence before seems to indicate that it is required. Compare with:

"If you filed before July 30, 2007, you need only pay the cheaper fees rather than the ridiculously hiked fees. You may pay by check."

You wouldn't conclude from that that payment isn't necessary just because it said 'may.' Same thing here.

Precisely. People are focusing on the "may" when it is the "need to" that is important.

[payxibka 10,044]

I do not think there is any doubt the supplement is required, the question is all about timing. Is it required with the application or can you elect to supply at interview time?

Edited July 31, 2007 by fwaguy

[Caladan 19]

Plus, while I can see how it could be confusing, I'd be loathe to change the guides when the current guides are word-for-word the instructions on the I-485. Best not to contradict the official material, even if some people get lucky and don't need it.