Got RFE for Medical Exam on K-1 AOS

[fdeitz]

My wife got here on a K-1 Visa, and had the required medical exam in China on September 24. We filed our AOS application on January 6. Now we got an RFE saying that she needs to get a medical exam and send in an I-693.

I called the 800 number listed and they were not very helpful. They said we need to send a letter back with the RFE if we want to dispute the need for an I-693 - saying my wife is here on a K-1 Visa (shouldn't they know that?) and that she had a medical exam in September 2005 and we filed the AOS in January 2006 (again, you would think they would know all of this!).

Now the way I read the rules in the I-693 FAQ - http://uscis.gov/graphics/i-693faq.htm - for K-1 Visa's if you had a medical exam within 1 year of filing AOS, you do not need to get a medical exam in the US - nor do you need to send in the I-693. We did get her vaccines here in the US and sent in the Vaccine Supplement form with the AOS.

So I am wondering what to do. I don't want to hold up our AOS application, which within the past few weeks got transferred to the California office for "faster processing".

Any suggestions would be appreciated. I guess we will try sending in a letter, but I hate to get yet another RFE a few weeks later saying we still need a medical exam and an I-693!

Thanks,

Fred

[frank1538]

You are right. A medical exam is generally not required as part of the AOS. Here's the regulation that covers it - http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-8cfrsec2455

 

"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 ¡ì214.2(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."

 

A couple of thoughts. First, RFEs can be misleading, and the form itself can cover any number of missing items, some of which may or may not apply to your situation. This is the first I've heard of a K-1 AOS being asked for a medcial exam, so you will want to be clear about what USCIS is really asking for. Is USCIS really saying your wife needs a medical examination or are they asking you to document that she had one within a year? Second, is it possible that the RFE relates to the vaccination supplement? Did you use a civil surgeon to complete the supplement? Was it in a sealed envelope?

 

If it really boils down to USCIS's wanting a medical exam, it seems you have two choices. You can respond to the RFE with a copy of the regulation and some documentation that your wife has already had a medical exam that's less than a year old. Or, you can just bite the bullet, pay the money, and have her get another one from a civil surgeon.

[fdeitz]

You are right.  A medical exam is generally not required as part of the AOS.  Here's the regulation that covers it - http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-8cfrsec2455

 

"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 ¡ì214.2(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."

 

A couple of thoughts.  First, RFEs can be misleading, and the form itself can cover any number of missing items, some of which may or may not apply to your situation.  This is the first I've heard of a K-1 AOS being asked for a medcial exam, so you will want to be clear about what USCIS is really asking for.  Is USCIS really saying your wife needs a medical examination or are they asking you to document that she had one within a year?  Second, is it possible that the RFE relates to the vaccination supplement?  Did you use a civil surgeon to complete the supplement?  Was it in a sealed envelope?

 

If it really boils down to USCIS's wanting a medical exam, it seems you have two choices.  You can respond to the RFE with a copy of the regulation and some documentation that your wife has already had a medical exam that's less than a year old.  Or, you can just bite the bullet, pay the money, and have her get another one from a civil surgeon.

207034[/snapback]

OK, thanks for the info. Yes, we got one of the civil surgeons on the list to do the vaccines and sent in the sealed vaccination supplement with the orginal AOS application in January. So it is definitely for the I-693 itself (rather than the supplement).

 

Although, my wife read me this over the phone - as I am out of town on a business trip. It puzzles me why they would ask for documentation on something that had to have happened (the physical exam in China) - but then again I guess a lot of things with USCIS don't make much sense.

[johnxiaoying]

It's my understanding that a K1 does not get a convenience copy of the medical exam, only the one that is sealed that you give to immigration at point of entry. My wife (K3) got a convenience copy which we sent in with our AOS packet.

 

At the AOS interview I was astonished to see the original in our file which was taken at POE Minneapolis. They actually got it in our file instead of losing it.

[david_dawei]

We (as K1) had the medical done in BJ and received a booklet that appears to be a physical booklet with markings on all tests, etc .. Maybe the GUZ locations don't give anything...

[frank1538]

We (as K1) had the medical done in BJ and received a booklet that appears to be a physical booklet with markings on all tests, etc .. Maybe the GUZ locations don't give anything...

207090[/snapback]

Jingwen and the kids each received a burnt orange booklet from the Health Care Center of Guangdong International Travel in Guangzhou titled "Certificate of Health Examination for International Traveller", in English and Chinese.

[C4Racer]

We (as K1) had the medical done in BJ and received a booklet that appears to be a physical booklet with markings on all tests, etc .. Maybe the GUZ locations don't give anything...

207090[/snapback]

Jingwen and the kids each received a burnt orange booklet from the Health Care Center of Guangdong International Travel in Guangzhou titled "Certificate of Health Examination for International Traveller", in English and Chinese.

207113[/snapback]

We got the same book along with xrays all done in GUZ. Something else must be going on here for them to ask for an exam.

[yuehan123]

Our friends were RFE'd in Boston last month at their AOS interview because USCIS stated they did not have the original medical records. They did it all over again and re-submitted per RFE.

[Razbre]

We were RFE'd twice with the AOS. First time they wanted full medical on wife and med supp. on daughter. Sent in the original med supps on both(we had send copies made by doctor) and a copy of their web site detailing about the medical good for a year.

Got the second RFE wanting med's on both, we figured that we would need them for interview time and went and had them done and sent them in. next thing we knew...approval and no interview....