Mbrennan

Thank you! You've eased my worries.

I think we are going to go through Newark as United is cheaper, but it's good to know regarding flight connections!

Hi all,

So yesterday I received my EAD/AP card in the mail. Success!

I managed go get it expedited because I had a job offer & my mother is sick back in the UK.

Now, I plan to go visit my mum, but that's going to happen until around Christmas time, because my wife cannot take holidays until then, & also with starting a new job, I also can't take vacation straight away.

We plan on being out the country for 10 days during which time my mum will be undergoing treatment (which is the reason for me going to the UK)but also I will be able to support her and my dad.

Does anyone see any issues with this? Will it be a problem at re-entry?

Aside from the EAD and I-94, what else is required, documentation wise?

Thanks.

I will do this!

And to think, this is easily the best advice I have had on the subject, yet didn't have shell out $1500 for the privilege...

Thank you very much!

As you say, it may work, it may not but it's worth trying at this stage!

That is correct. Someone adjusting from a K-1 does not need an I-693 if their medical was within a year of filing for AOS and they had all the required vaccinations at the time of the K-1 exam.

The problem you have is that your lawyer had you submit an I-130, and now your AOS is based off the I-130 petition and not the approved I-129F petition. That is why they will want another medical and I-693 from a civil surgeon because it is always needed with a concurrent I-130 and I-485 filing.

So what's the easiest way to overcome this?

Bite the bullet and get the i-693 done? Or can I show proof that I have the vaccinations etc submitted from my DS-3025 and approved I-129F (Something Nich-Nick suggested)

We are trying to cancel our I-130 and it has been going on for 2 months now...

I believe you received that letter because of the I-130. Since they changed the policy about the I-693 back in May, they are suggesting that those filing for AOS get their medicals done at a later date and bring them to the interview. That is for people that need to get the initial medical exam from a civil surgeon in the US. The medical will expire in a year, whether you case has been processed yet or not. To keep people from needing to get another medical done if their green card is not approved within a year of the date of their medical, they are allowing it to be submitted later and letting people know it will be required later if they do not submit it with their I-485.

Your lawyer seems to have confused everything for you.

That is becoming more clear that it is because of the i-130, so thank you for that! The rest of your post also makes sense, and seems like the USCIS are logical on that subject, but I should never have got the letter as I entered as a K-1, right?

What a mess right?

Except our lawyer is trying to blame us because we never submitted a I-693 form to him...well no wonder we didn't when we didn't need to!

I can't see your letter so have no idea what address it may have come from, if it has your name and case number on it or not, so merely a random idea that popped into my head. Don't even know if it would match up with your file.

BINGO !! And now we finally dig into the real problem. Meanwhile all these people here on VJ are going to just remember you got all your shots and still got an RFE. There is always more to the story in these I-693 problems.

An I-130 filed concurrently with I-485 is the most common AOS application they get. There are a lot of people already here on student visas, work visas, etc that meet an American and get married. So they can adjust status from their visa to permanent resident. When your application came in, it was just like those. They weren't overseas getting a recent visa medical. Their application always requires a full I-693. No wonder the person checking submissions thought you needed one.

Do you really think they will refund your money? I can't even believe the incompetence of your lawyer. I gotta know...how much $$$$ did he charge you? That's who you should be after for a refund.

Please don't even get me started on our lawyer...

I know what you are thinking, 'why did you even use a lawyer?' Well we started with a great lawyer for our K1 application (before we found VisaJourney) who helped out a lot. Now we had a pretty straightforward case anyway, but it gave us peace of mind.

Once I arrived in the US and we started getting our stuff together for the i-485, we got a phone call that our lawyer had quit, and we were being transferred to this new guy, who assured us that everything is fine, it is straightforward, and that he even did his wife's I-485...none of which reassured me but we were already $1,000 in on the lawyer fees for the i-485 so what were we to do? I never had any confidence.

I could go on and on and it would really shock you the incompetence level.

Will we get the money back for the i-130 from USCIS? Who knows, but if not then we will be getting it back from the lawyer.

Regarding the i-693 case, I do believe that is the core reason for why we got such a vague letter.

I have asked for his help in drafting a letter, but I have also called the office of our local Senator who will look into it for me. They helped me expedite my work/travel because I have a job offer and my mother is sick, while our lawyer told us nothing could be done on the situation...

I don't want to throw accusations around at people, but I do want to get my facts very clear before I go outlining that it was the i-130 filing that caused this! Your reply has helped in the clarification process greatly. It sucks, and I don't really know what to do...do I get the i-693 filled out, do I go see a civil surgeon with my DS-3025 vaccination record? Or do I draft the letter and send it off with all the evidence that a K-1 visa does not need an i-693...

Thanks,

Mail anything with a good explanation as I outlined. No fax. Or just wait for a real RFE. Some people feel better taking some kind of immediate action is why I mentioned writing.

I mentioned the Class B because one of my VJ friends got to an AOS interview and they informed her she had a Class B condition and was supposed to have had a follow up etc. (She was diabetic). It was the first she had ever heard of Class B.

In that Policy Manual, which I am not going to search and quote right now,it basically says if you can see the shots were given, yet the doc missed a check mark somewhere, it is okay to accept. (And the reverse, if a doc said complete yet listed no shot dates for ones needed, then return the form for correction.). My paraphrasing.

Thanks for the advice (again)

Should I mail to the National Benefits Center (which is where our case is being evaluated)

I guess another question that's going through my head is that whilst going through the i-485 filing process, our lawyer also submitted an i-130 application. Could this have any bearing as to why we got the notice regarding the i-693?

We have put in a request to cancel the i-130 naturally, and get our money refunded, and online the i-130 case status has not changed since the very beginning.

Thanks,

The RFE explanation is useless, isn't it?

It is puzzling to me and I have read this entire section of the Policy Manual (and it's predecessor) including every subsection and reference citation. http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8.html

One thing I can think of--

Do you have a Class A or Class B condition? If so, a new medical exam is required and a full I-693. Class B is any condition that may depart from a normal healthy individual. You may not have been informed by the panel physician if they classified you with a B condition.

The timing seems odd for "initial" review. You sent this two months ago. If the contractor opening the packet mistakenly thought you needed an I-693 (as do most AOS cases but K visas) it seems like you would have been informed in September. If you were being evaluated by an adjudicator already, you would have been informed of interview waiver. Were you?

The original DS-3025 is part of your medical record so a photocopy is not really necessary. It can serve to remind an inexperienced person going through your file that you are are a K visa adjustment and are an exception to the I-693 requirement.

I totally disagree with those who post "some lucky people" get by without an RFE. That sounds like ten people. I have followed/researched this topic for years and hundreds have been approved for AOS without seeing a civil surgeon. I would more likely say "some unlucky people" have gotten an interviewer who didn't know the documented procedure. Or many have thought their vaccination form was all complete when it wasn't. Or some had their entire medical file lost and had no choice but to do it over. But in those cases the RFE generally said every attempt has been made to locate your medical file...blah, blah, blah...please submit another.

But your RFE is vague without a clear reason for it. What would I do?

Submit a statement (with a photocopy of their RFE) saying you believe the initial review to be in error since you are a K1 entry and had a medical exam by a panel physician on [date] in London, United Kingdom, which was less than one year before your application to adjust. (Quote the statements on the FORM I-693 instructions concerning that. ) And submit a photocopy of your DS-3025 saying you believe it to be properly completed and adequate to prove you have met the adjustment of status immunization requirements. I have known some who were successful doing that.

At best, maybe they will correct your file if it is in error, or write back saying they unfortunately lost your medical, or give you a more clear reason.

Then I would wait and see what happens at an interview. Discuss it with the adjudicator face to face. If he says to get a medical, then spend your money at a civil surgeon at that point. They give you their local address to submit it to and your delay is minimal. Or if you don't interview, it says you will get an RFE. Maybe not, or maybe it will be specific.

Nich-Nick,

First off thank you for the detailed reply.

You have been a great help throughout my visa journey and I thank you again.

Firstly, I really don't believe I have a class B medical condition. I am a perfectly healthy 27 year old, and I could also have sworn that the physician said that everything was good when I had my medical in London. So I don't think that could be it.

Now, we submitted this way back in September, but on the 7th October we received an RFE for our I-485 for initial evidence for our marriage certificate and affidavit of support form...forms the lawyer claimed he submitted (and hence why I ask if him forgetting to submit the DS-3025 form was a possibility for this notice)

So no we have not been informed of any interview waiver or anything yet, I have had my biometrics taken 3/4 weeks ago, and our i-485 case is in the request for evidence review stage currently.

Before I posted I read your very helpful guide to determine if I had a successfully filled in DS-3025 form, and I do believe I have. However, the only thing I can think of is that because the "Td or Tdap box wasn't checked (but a date of vaccine was still included) that may be it?' I can post my vaccine record if it's helpful?

I think I may go down the route of trying to fax the form over to them as you suggested. As you say, it's not a RFE yet, almost like a pre-warning...

It's really confusing, and our lawyer is no help...

Thanks,

Martin

Hi all,

On Saturday I received an RFE of my form I-693 and I am looking for some help and advice.

Now it says on the form:

'An initial review of evidence submitted...determined that form I-693 Report of Medical Examination and Vaccination Record, has not been submitted or has been submitted and is not sufficient for the following reason(s):

A completed and signed i-693 was not submitted, or all pages of Form I-693 are not present or of the same revision date.'

Can anyone explain what exactly this could be?

I had my medical in the UK on Monday 7th April, when I applied for my K-1 visa. Through my understanding, this means I was not required to submit the i-693 form, is that correct?

Could they have lost my DS-3025 vaccination record form? Or was this form filled in incorrectly by the London medical practice? I have checked this form vigorously and the only thing I can see as a possible error is in the 'Td or Tdap' section, neither has been checked, but there has been a vaccine given by date entered (I had it during my medical exam in London)

We submitted our application through a lawyer (and if you have read my other outpourings of grief on this subject you will be aware of my feelings of his incompetence) so could the lawyer have forgotten to submit the ds-3025 and this has got us this notice? Are you required to submit the DS-3025 form? I assume so. I have asked him for a copy of our packet several times, to no avail as yet.

I should also point out (which may or may not be normal) that this is not a RFE, it states that I will be required to submit a valid completed and signed form I-693 at a later date. If you receive an interview notice in the mail, you will need to bring it with, if you are not required to attend an interview, you will be issued a RFE.

Any help that can be given is greatly appreciated as I am somewhat lost.

Thanks,

Martin

Hi all,

Sorry to resurrect an old post (but then it saves clogging up of duplicate threads I guess...)

On Saturday I received an RFE of my form I-693 and I am looking for some help and advice.

Now it says on the form:

'An initial review of evidence submitted...determined that form I-693 Report of Medical Examination and Vaccination Record, has not been submitted or has been submitted and is not sufficient for the following reason(s):

A completed and signed i-693 was not submitted, or all pages of Form I-693 are not present or of the same revision date.'

Can anyone explain what exactly this could be?

I had my medical in the UK on Monday 7th April, when I applied for my K-1 visa. Through my understanding, this means I was not required to submit the i-693 form, is that correct?

Could they have lost my DS-3025 vaccination record form? Or was this form filled in incorrectly by the London medical practice?

We submitted our application through a lawyer (and if you have read my other outpourings of grief on this subject you will be aware of my feelings of his incompetence) so could the lawyer have forgotten to submit the ds-3025 and this has got us this notice? I have asked him for a copy of our packet several times, to no avail as yet.

I should also point out (which may or may not be normal) that this is not a RFE, it states that I will be required to submit a valid completed and signed form I-693 at a later date. If you receive an interview notice in the mail, you will need to bring it with, if you are not required to attend an interview, you will be issued a RFE.

Any help that can be given is greatly appreciated as I am somewhat lost.

Thanks,

Martin

The amount of offers I received from Insurance or Healthcare companies offering me roles in Sales selling their products was ridiculous...I never really applied to these companies, but because my resume was on job sites (Careerbuilder, Monster etc) then I used to get phone calls offering me interviews etc.

I actually went to some of them, purely for experience.

I should point out that I have a Chemistry degree from a UK university with no sales experience...

I applied for countless jobs, and I did get a Chemist position close to where we live, sadly that was almost 6 weeks ago and they haven't held that for me as I am still waiting on my EAD,

So now I fill my time volunteering with a company...which is fun, but a struggle financially.

If they don't take such an elementary step then perhaps it's time to find a new lawyer.

Would have loved to. Sadly our original lawyer quit and he was who we got. By this point we already had paid 70% of the fee.

Believe me...I am not happy with him

You should always use a tracking service for anything you send to USCIS.

We asked the lawyer to do this, and he didn't!

Yeah it is a bit annoying. However our lawyer told us they could refund the check to us still (I'm skeptical) but if they don't then I told him the law firm owes us the money.

Just as I wrote that, I logged onto our bank and both checks have been cashed...

Did your receive notification that it was actually delivered? Was your check for the I-485 cashed? If it was cashed, then they have it, and it's just a matter of waiting for the NOA1. The inclusion of the I-130 might have slowed things down.

Did you send two separate checks for the I-130 and I-485?

Did you also include the I-765 and the I-131?

Thanks for your reply.

Our lawyer sent it for us. When I asked him if he sent it 'tracked mail' he didn't. However it hasn't been returned to us undelivered yet...

Yes two separate checks were sent (these have yet to be cashed)

Yes we sent the I-765 and I-131 forms too.

Hi all,

We filed our AOS package on September 2nd to the Chicago Lockbox.

It's now the 29th September and we have yet to receive our notice of action and subsequently our case number.

I called the USCIS last week & they put me through to the secondary level (with over an hour wait...although it is neat that you can request a call back) to be told that normal processing is 3-4 weeks and just sit tight. They had no record of my case in their system yet. That's easier said than done.

Is this normal? Is it not that you should receive your NOA within 7-10 days? Or have we fallen into the 'unlucky' category? Has it been lost?

Additionally...we hired a lawyer through the K1 process, & just kept her on for this process too. (I know, I know...really not necessary & boy do I know it now) but a week before our wedding she quit and we were handed off to someone else. He filed the I-130 as well as the I-485 form. I didn't think this was right but found out through visajourney that the I-130 isn't needed, however does anyone know what will happen to the I-130 check? To put a stop on the check will cost us $35! Are we within our rights to ask the lawyer to pay that fee?

Ps. I'm the beneficiary so it's pretty frustrating not being able to work. I have a job offer which makes it even harder.

Thanks for all your help.

I'm excited to see a POE review for Dublin as I am sure that will be where my parents fly from when they make the move. Just have to find an airline that will take cats and that is cheap (ish)!

I flew Aer Lingus on Monday.

Very hassle free POE.

Will post a full review shortly.

Congratulations on your approval!

Absolutely delighted for you and your fiancé!

You had a slightly tricky/unusual situation (and I am not meaning that in a bad way at all) however you didn't panic and remained calm and knew what you had to do.

It was very admirable.

Congrats again, and good luck for the future.

If people do POE at Dublin please review it if you can in the POE review section like Rhirhi has done as Dublin is very light on recent POE reviews and it'll help other members. I'll be sure to do one myself when I fly in 4 weeks.

I'll do 1.

I fly on June 16th

Another Boston filer

We spent our first vacation on Cape Cod, it was nice but agreed there are better value destinations out there!

Sorry to disappoint you but I'm actually a Chicago filer (well actually I'm Scottish but moving to Chicago)

My parents visited me and my fiancé last summer and we went to Cape Cod on vacation with them. It's really scenic & pretty don't get me wrong, & the whale watching was special, but it just didn't do it for me on the whole.

Boston however was excellent. Such a nice compact city that we could walk freely in.

We are going to Hilton Head for our honeymoon this summer!

When you say important documents, (aside from visa related stuff) what exactly does everyone mean?

Uni degrees, bank details, medical records etc?

I'm lucky in that I live with my parents so all I have to sell is my car. I can get a reasonable deal on it but as I'm not an autostrade expert, it'll be getting sold to we buy any car or a similar place. I'm aware I'll take a hit on it financially, but I'm leaving in 12 days

I've paid for an extra bag to take my golf clubs over (& I can stuff extras in there...I've done it several times so I'm good at it) aside from that all I have is clothes and a tablet and paperwork to fit into suitcases. Should be manageable...although I'm aware I may need a third suitcase.

A question though I have a tennis bag (6 racket bag) that I was hoping to hand carry with me (I'm flying Aer Lingus) I have seen several people fly with these type of tour bags through Heathrow with BA in the past, will Aer Lingus allow this as hand luggage?

Oh yeah, and as I fly a week on Monday, my mum asked when I planned on packing 'next Saturday and Sunday' was my response, despite having a family picnic and football player of the year night on the Saturday...

Might have to rethink that

Boston is a pretty special place for me. But maybe that's because it was when me and my (now) fiancé decided we wanted to spend the rest of our lives together.

San Diego is also a really cool place. It has such a nice atmosphere to it.

One place I was so disappointed in was Cape Cod. It's so ridiculously expensive.

True. Plus we thought it was pounds but it is 30 bux, so not so bad after all.

Where abouts in Scotland do you stay? I was told that DX would not deliver to my postcode so it got passed to the Royal Mail. I think this added an extra day on.

Sorry not trying to scare you, but it might be different for you.

Btw despite being told DX do not deliver to my postcode, since then I've seen countless DX vans pass me...

hello, just curious, if you don't. Ind, how did you get a good deal there?

I am searching and July seems so expensive hotel wise, eugh,

Thanks in advance!

I got it through lastminute.com. I think it came up as a secret hotel. It was still over £100 for the night though.

The embassy is not in a cheap part of town...