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KRivera

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Posts posted by KRivera

  1. On 7/2/2015 at 11:14 AM, Ebunoluwa said:

    Thank you KayDeeCee, so K visas are fine with a medical that has been submitted or filed within one year of the foreign medical exam.

    Hello! Is that a proven fact?  I would be sadden if the process gets delayed because of the medical examination. My medical was done on January 16 2017 back in Honduras. The sealed envelop was given to the IO at the port of entry when I came on Feb 2017. I applied for AOS on March 28 2017. I am schedule for my AOS interview on March 28 (in a month) so I really need to find out whether or not they will accept the medical exam that was done overseas or if they will be likely to ask for a new one. I just want to be sure and hope the process will go fast. I appreciate your help! 😊

  2. On 7/2/2015 at 2:40 AM, KayDeeCee said:

    I would not get a new medical unless instructed by the IO to get one. You may not need one, and you actually should not. Those adjusting from a K-1 are still not required to get one if their medical was less than a year old when you applied for AOS.

    Here are the USCIS policies > http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

    4. Validity Period of Form I-693 (Including Use of Prior Versions)

    Evidentiary Value

    A person seeking an immigration benefit and who is subject to medical grounds of inadmissibility must establish that he or she is not inadmissible on medical grounds. [20] In general, those applying for immigration benefits while in the United States must use Form I-693 to show they are free from any conditions that would render them inadmissible.

    An officer may determine that the applicant has met the burden of proof required to establish that he or she is free from a medical condition that would render the applicant inadmissible if all of the following criteria are met:

    •The medical exam was performed by a USCIS-designated civil surgeon in accordance with HHS regulations;

    •The medical examination report was properly completed; [21]

    The medical examination report was submitted to USCIS less than one year after completion of the examination; [22]

    •The benefit application [23] is adjudicated no more than one year after the date the medical examination report was submitted to USCIS; [24] and

    •The medical examination report establishes that the applicant does not have a Class A medical condition and has complied with the vaccination requirements or is granted a waiver. [25]

    In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render him or her inadmissible to the United States. In this case, the officer should follow standard operating procedures regarding issuance of an RFE or Notice of Intent to Deny (NOID) to address the deficiency.

    Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full medical exam in the United States for purposes of adjustment of status.[26]

    http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html

    4. K or V Nonimmigrants Applying for Adjustment [26]

    K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

    •The medical examination did not reveal a Class A medical condition; or

    •The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. [27]

    If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. [28]

    Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

    An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

    Hello, I am going to my AOS interview on March 28 based on a K1 visa. I am a little concerned about my medical examination expiring. It was done on Jan 16 2017 back in Honduras. I came here on February and the sealed envelop was given to the IO at the port of entry. I applied for AOS on March 28 2017. So that means that my medical was given to the IO at the port of entry over a year ago. Would it be expire then? Do I have to redo it here in US? It just does not make any sense if you already proved that you were admisible when entering the country on a K1. Your advice is appreciated! Thanks a lot! 

  3. 54 minutes ago, Adreamer said:

    Ok, thank you! Yes we already have it it took them about 2 days. I was just worried about this because I saw the example. Do you know anything about the police report then needs to be obtained in tegucigalpa? Family over there needs to get it for us and I have been told by people they may need power of attorney but on the state department site is says only a letter of authorization and request.

    You get the police records at the DNIC before it was called DPI in Tegucigalpa. Maybe this link is helpful to you http://www.laprensa.hn/honduras/907177-410/comience-trámite-de-antecedentes-policiales-vía-internet . I did the application online so It was easier when I went there to get them. They say that you have to wait 8 days, but they gave it to me the same day. You pay 200 Lempiras. They do say that it has to be personal so I do not know what to tell you there. 

  4. On 16/9/2016 at 2:27 PM, Hccaldwe said:

    This is the form they want. Our is handwritten. When are you submitting? Screenshot_20160916-162335-01.jpeg

    Good night!

    I am going to my interview on January 30th. I am very confused as well about the Birth Certificate. Thank you very much for clarifying that. So my mom got my bith certificate which in this case is the copy of the  folio from the RNP in Valle de Angeles and the person incharge put the stamp and sign it in the back of the sheet. I hope this is what they are asking for. I really appreciate your help.Thanks!

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