chiggins

Seems like they're really inconsistent with the medical exam requirements. I submitted my AOS application within a year of my K-1 medical, but when my interview comes around (in 2 weeks time) the medical will be over a year old. I have never been RFE'ed for a new medical exam, nor the vaccination supplement, which I did not send with the application but will be bringing with me to the interview.

I will also be bringing a print out of this to the interview:

From Immigration Laws at USCIS.gov

Sec. 245.5 Medical examination.

Pursuant to section 232(B) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fiance, or fiancee of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and § 214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status. Any applicant certified under paragraphs (1)(A)(ii) or (1)(A)(iii) of section 212(a) of the Act may appeal to a Board of Medical Officers of the U.S. Public Health Service as provided in section 234 of the Act and part 235 of this chapter. (Amended 8/14/01; 66 FR 42587)(Amended effective 4/1/97; 62 FR 10312)

I remember reading about someone in the same situation as you who contacted their congressman and explained what had happened and quoted this information, and the USCIS miraculously found their K-1 medical exam results. I don't remember who it was, or even if it was on this forum, but it might be worth a try.

Thanks! I guess my interview is within the 15 months, albeit 2 weeks shy, so I don't think I'll mess around getting new ones done before the interview.

I wouldn't worry about your biometrics. I'm sure if there is any problem with them, the worst that will happen will be having to go and get them done again. They wouldn't cancel your interview, they would just tell you to go and get new biometrics afterwards, and your case will be approved when they are received.

I'm not sure, but I wouldn't think it is a big deal.

Do you know how long are biometrics valid for? I had my AOS biometrics back in January 2005, and my interview is in 2 weeks, making my biometrics a year and 2 months old. When my case was reopened in December (long story I won't bore you with), the officer said I would probably need to get biometrics done again. Does this mean I have to pay the $70 fee again, or can I just make the appointment and use my original NOA?

Sounds good to me. I'm in exactly the same situation - my interview is in 2 weeks, we live with my wifes parents too. We had them sign a letter which said pretty much the same thing as that. Its a good idea to get it notorized, too. Also, you could get statements from friends saying they know you, I've heard this is something useful to have. It basically needs to say how the friend knows both of you, how long they've known you, etc.

We have hardly any 'official' evidence - all we have is a copy of our joint tax return, joint bank account statements, and joint car insurance. Other than that and the letters from friends, I've pulled together some Capital One junk mail which is addressed to my wife and I seperatly but has the same address on it, some birthday cards (and the envolopes) I have received from my wifes family, and visa versa... photos of our wedding and us on vacation together....things of that nature. I think you'll be fine.

Sorry for the bad info - glad someone could help further.

The USCIS accepts the transcripts - I used one for my application. In fact I've read that they actually prefer the transcripts to photocopies. If you have access to a fax machine, you can get one in a matter of minutes, and its free.

I'm by no means an expert on this, but here's what I can work out from reading the form.

It says the I-485A supplement should be submitted by: "Aliens in the United States who have an immigrant visa immediately available, but who entered the United States without inspection, remained in the United States past the period of admission, worked unlawfully, or are otherwise ineligible for adjustment of status under section 245© of the Act must submit this form along with Form I-485, Application to Register Permanent Residence or Adjust Status."

If I'm understanding correctly, you got married on a tourist visa over 5 years ago, but never filed for adjustment of status. I know that people who get married on tourist visas can technically apply for AOS, but this usually happens before the visa expires. While you didn't enter the U.S. illegally, you have overstayed, and are technically ineligable for AOS. Whether your current status is legal or not, I do not know, but my money would be on not.

Given the length of time you have been out of status in the United States, I would seriously consider hiring a lawyer to help you with your case. Though my guess would be that you will probably need to file this form and pay the fee, but even then I wouldn't put any bets on your case being approved without some pretty big headaches.

Thanks for the suggestions. I'll talk to my joint sponsor and see how far off they are finishing their tax return. I'll ask them for copies of their W-2s if they can't get it done fairly soon.

Also, on the affidavit, on the bottom of the page where you list your income, there is a space to write the income requirements, and the year. I would write 2006, and use 2006's requirements, even if the most recent tax return I have from my co-sponsor is 2004, right?

Hi,

I have my AOS interview coming up soon, and on the notice I received it said to bring up-to-date tax return information for the Affidavit of Support (my AOS was filed in 2004, so we submitted 01, 02 and 03 tax returns with the affidavit). My co-sponsor has their '04 return, but has yet to file for '05. The instructions state that you must provide copies of your tax returns for each of the most recent 3 tax years. Seeing as my interview is before the tax filing deadline, will it matter if I have their tax return for '05, or will just 04 be ok? Thanks!

To the best of my knowledge, the Hepatitus vaccination is age-specific, and assuming she is an adult, she won't need it. In regard to the Varicella, the civil surgeon that did my I-693A drew my blood and tested it to see if I had chicken pox as a kid, which I did, so I didn't require the vaccination. It took 1 business day to get the results back, and cost $40 (including blood test and forms). I have heard of some civil surgeons simply asking if you had chicken pox as a kid, though I don't know how common this is. You might want to call around to get some prices for the blood test as well as the form.

I didn't send my I-693A with my AOS application, but will be bringing it with me for the interview. I didn't get RFE'ed, but I have heard of people that did the same thing and did get RFE'ed. I think it's down to the individual district office. In my opinion, if you can wait a few days and have the blood test done, I would do that then send the form with your application.

I think it varies from office to office as to whether they require the vaccination supplement with the application or at the interview. I didn't send the supplement with my application and I never received a DS-3025, and I didn't get RFE'ed. I did however get a vaccination supplement filled out to take to my interview (which is in a few weeks).

You should also be aware that Varicella is a required vaccination for AOS, but they don't give it in the UK. I have read about some civil surgeons simply asking if you had chicken pox, but the civil surgeon's office I went to tested my blood for immunity, and because I had chicken pox as a kid I did not require the vaccination. However if your test shows that you don't have the antibody in your blood, you will require it. The vaccination is usually given in 2 doses, 4-8 weeks apart - so if you do need it, you should try and plan your AOS application around that, if possible.

However if you don't require the varicella vaccination, I would go and get the supplement done and send it with your application. Better to be safe than to leave it to the USCIS.

Sorry if I wasn't clear - My K-1 medical was back in June 2004, and we got married and filed for AOS in October 2004. In September '05 my case was denied because we failed to appear for the interview, which we didn't know about because we never received the notice to appear, because the post office had been returning all of my mail. This was cleared up in December and the case was reopened, and my AOS interview is on March 23rd.

My understanding is that because I filed for AOS within a year of the medical, the medical results were technically received with the application, so I just need the vaccination supplement, right? And the denial and re-opening of my case wouldn't have invalidated the medical results?

*rejoins the idiot parade*

Thanks for the suggestion... I'm still debating whether or not to get a new medical or just hope that the interviewing officer goes easy on us. The instructions do not specify whether by 'file' they mean the date the receipt date or the date of the interview. I'm also concerned that when the officer looks at our file, he/she will see an expired medical.

Has anyone out there had an AOS interview after having their case pending for over a year, or had their interview a year after the embassy medical? What happened?

I'm in pretty much the same situation. My AOS interview is coming up, but it has now been over a year since my medical in London. However, when I applied for AOS, it was less than a year. The AOS instructions do state that K-1 fiances do not require a medical exam if the application for AOS is filed within a year of their embassy medical. I'm not sure whether by 'file' they mean applied for or approved/denied. My understanding of the word 'file' is sending in the application, in which case the POE had them weeks before I sent in my application. I spoke to an immigration officer on the helpline and he 'recommended' that I get a new medical, as results are only valid for 1 year and when the interview comes around, and the interviewing officer will be looking at an expired medical exam. I argued that it was less than a year old when I applied, and it wasn't my fault that it had taken so long for them to arrange an interview. He then said it was pretty much up to the officer at the interview as to whether or not I would need another medical.

In your case your wife shouldn't need another medical. On my AOS interview letter it makes no mention of the vaccination suppliment, it just says "I-693 Medical Exam Results (if not already submitted)". It also says to bring a letter from my employer and 2 ADIT photographs (which they no longer accept), which leads me to believe that the letters are generic and are not written for specific cases.

Does she have any documentation from the biometrics appointment to show she was fingerprinted? I know they rubber-stamped my NOA when I had mine done. She probably has about 2 more weeks before she should apply for a new EAD if she wants to get it before her current one expires (they say you should apply 90 days before the current card expires). I would say if nothing happens in the next week or so, go back to your local office with the stamped form (if you have one) and ask whats happening. Personally I think it would be a waste of time and money to renew the EAD when you just KNOW she'll get her green card the day after you send the EAD application.

From http://uscis.gov/graphics/generalvac.pdf:

Are there any waivers available? Yes. There are three types of waivers available. (1) You didn't have all the vaccinations (or all the vaccination certificates) at first, but then receive the missing vaccinations (or find the missing certificates); OR (2) The designated physician (known as civil surgeons for adjustment of status applicants in the United States and as panel physicians for immigrant visa applicants abroad) certifies that it would not be medically appropriate for you to have one or more of the required vaccinations. INS can grant these two waivers based on the civil surgeon’s or panel physician’s certification on the vaccination supplement. You do not need to file a separate waiver application or pay a fee.

Oops, that link should be:

http://uscis.gov/graphics/lawsregs/handboo...edExt011106.pdf

Hi,

I'm having a tough time understanding the requirements for the AOS medical exam stuff. I entered the US on a K1 visa back in July 2004, my fiance and I got married and I sent in my AOS application in October 2004. I had a few problems with my application - basically, I never received the original notice to appear for an interview, case was denied, then got reopened in December 2005. I now FINALLY have my interview coming up in March. According to the I-693 FAQ on the USCIS website, if the K-1 fiance "received a medical examination prior to admission, then you do not require another medical examination as long as your application for adjustment of status (Form I-485) is filed within one year of your overseas medical examination" and I would just need the vaccination supplement. Now, my understanding of that is that if you APPLY for AOS within a year of your embassy medical, you don't need another one, right? The person on the misinformation line said that the date an application is filed is the same as the receipt date on the NOA.

So I go to the local civil surgeon today to get the vaccination supplement done. They tell me that the medicals are only good for 1 year, and that I would need another one, which costs $186 plus the cost of any vaccinations. I called the misinformation line to try and confirm this - I was transferred to an officer and all he could tell me was that the medical exam is valid for a year and while he 'recommended' that I get another one done, but its pretty much up to the officer at my interview.

I guess my questions are:

1) Do I technically need a new medical exam? And would I have a good argument against needing one should the officer at my interview says that I do need one?

2) Is it worth paying nearly $200 for the medical exam (even though it would put a huge strain on our finances), just to be safe?

3) Say that I just get the vaccination supplement, and the officer at my interview says I need a full medical? How long of a delay might this cause?

4) Would this: http://uscis.gov/graphics/lawsregs/handboo...edExt011106.pdf have any effect on my case (i.e. does it get me out of having another medical)?

5) Slightly off-topic: I think I may need the varicella vaccination. From what I understand, you have to do it in 2 parts several weeks apart.

(a) Can anyone confirm this?

(B) What happens if I can't get the second vaccination done before the interview?

© Can you talk your way out of it if you had chicken pox as a kid?

(d) Also, how much have people paid for this vaccination?

Thank you SOOO much for any advice people can give!

Hi all,

So our AOS interview is coming up in about a months time, but I have a question about the evidence we need to bring with us. To cut a long story short, my wife and I still live with her parents as she is a university student and my EAD renewal got denied because they thought our AOS was also denied, so basically I haven't been working for a few months. Now, my wife's university is in Grand Rapids, MI, about 150 miles away from where we live, so for 4 days during the week we stay with her grandparents in Grand Rapids, then we commute back at the weekend. Now here's the problem: For a while last year, while my previous EAD was valid, I was able to get temporary work in GR. When filing taxes this year, we are still using her parents address, however my W-2 was sent to her grandparents house and has their address on it. Also, for the sake of convenience we opened our bank account in Grand Rapids under her grandparents address.

Now, I KNOW how that will look to the interviewing officer, if we show up with bank statements under a different address to what they have (even thought it has both our names on it). We do have a copy of this years joint tax return with our address on it, as well as statements from a savings account we have (with no money in it lol), and a few "unofficial" letters from various people. But like I said, our main account and even our car insurance is all under her grandparents address. Does anyone have any ideas as to what we might be able to do? One thing I thought of was to possibly have her grandparents write something saying that we stay there only on a temporary basis.

Thanks in advance.

Thanks for the info! I think for now I'll just get the vaccination suppliment done, and print out that page from the USCIS's website in case it becomes a problem. I'm fairly sure there was a document saying the same thing that came with the AOS forms, too. They can't really argue with their own policy.

anyone?

Hi,

Well, after a year and a half of waiting we FINALLY got a date for our AOS interview in Detroit. I won't bore you with the details, but there was a huge mix-up which resulted in our case being denied, but it has been straightened out and re-opened.

Anyway, on the interview notice I received it says I need to bring the I-693 medical forms with me (From what I know, these forms were in the brown envolope I handed in at the POE - right?). In the K-1 FAQ section it says that if you had your medical at the time of applying for your K-1 at the embassy, then you don't need another medical if you file for AOS within a year. Now, I filed for AOS in October 2004, 4 months after my embassy medical, so I shouldn't need another medical, even though at the time of the AOS interview it will be closer to 2 years since the medical, right? Does the FAQ literally mean that if you send in your AOS application within a year of the medical, then you're good to go, no matter how long the USCIS takes to process the case? I know that I need to get the vaccination suppliment, but I'm just hoping to avoid paying for the whole medical.

Thanks!