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-   -   1-693 - help? (https://britishexpats.com/forum/marriage-based-visas-35/1-693-help-716461/)

Braveheart87 May 10th 2011 4:39 am

1-693 - help?
 
Hi,

Firstly, thank you so much to everyone on this board, my fiancé and I started the K- process in June 2010 and I cannot begin to explain how huge a help this forum has been!

I am from the UK, my soon-to-be husband is a USC, everything went smoothly with the K-1 process, I arrived in the US 3 weeks ago, and we get married May 28th :) (I am working putting another post together detailing the whole K-1 process!)

Now, I am trying to navigate my way through AOS paperwork, to ensure it is all in order so we can submit it as soon as we have our marriage certificate in hand.

I have the I-485, I-864 and I-130. The confusion is surrounding the medical vaccinations - on my visit to the Knightsbridge doctors (Feb 2011), The doctor marked my vaccines as 'incomplete' and said it would always be incomplete as one always needs new vaccines. I asked her to explain this and she said the same thing again, looked at the copy of my vaccine records and confirmed the only thing I needed was a TDap booster (which I had 2 weeks later at my doctors at home). That said, do I still need to have a Civil Surgeon update my records to 'complete' or can I submit the vaccine records I have along with relevant paperwork?

All help appreciated!

S Folinsky May 10th 2011 5:55 am

Re: 1-693 - help?
 

Originally Posted by Braveheart87 (Post 9355321)
Hi,

Firstly, thank you so much to everyone on this board, my fiancé and I started the K- process in June 2010 and I cannot begin to explain how huge a help this forum has been!

I am from the UK, my soon-to-be husband is a USC, everything went smoothly with the K-1 process, I arrived in the US 3 weeks ago, and we get married May 28th :) (I am working putting another post together detailing the whole K-1 process!)

Now, I am trying to navigate my way through AOS paperwork, to ensure it is all in order so we can submit it as soon as we have our marriage certificate in hand.

I have the I-485, I-864 and I-130. The confusion is surrounding the medical vaccinations - on my visit to the Knightsbridge doctors (Feb 2011), The doctor marked my vaccines as 'incomplete' and said it would always be incomplete as one always needs new vaccines. I asked her to explain this and she said the same thing again, looked at the copy of my vaccine records and confirmed the only thing I needed was a TDap booster (which I had 2 weeks later at my doctors at home). That said, do I still need to have a Civil Surgeon update my records to 'complete' or can I submit the vaccine records I have along with relevant paperwork?

All help appreciated!

On the medical -- this is an FAQ -- there is a sticky at the top.

As an aside, the statute and regulations do not require an I-864 for a K-1 adjustment. That said, CIS people think it does. Go figure.

jeffreyhy May 10th 2011 5:59 am

Re: 1-693 - help?
 
Since the Panel Physician marked your DS-3025 as incomplete, it sounds like you will need to see a Civil Surgeon to fill out the vaccination section of an I-693 for you. Take with you the DS-3025 from the Panel Physician and documentation of the subsequent TDap booster from your family doctor.

Regards, JEff

meauxna May 10th 2011 6:07 am

Re: 1-693 - help?
 
Braveheart87, the regulations also say that you do not need an I-130 for AOS from a K-1 visa entry. Check out our AOS from a K-1 wiki entry here http://britishexpats.com/wiki/Adjust...-3_Spouse_Visa where there is info about the medical requirements, as well as that pinned thread at the top of the forum.

You will need the I-864 despite what the regulations say. :)

jeffreyhy May 10th 2011 6:20 am

Re: 1-693 - help?
 
Are you itching to have a test case? Just curious! :)

Regards, JEff



Originally Posted by S Folinsky (Post 9355481)
As an aside, the statute and regulations do not require an I-864 for a K-1 adjustment. That said, CIS people think it does. Go figure.


S Folinsky May 10th 2011 6:38 am

Re: 1-693 - help?
 

Originally Posted by meauxna (Post 9355499)
Braveheart87, the regulations also say that you do not need an I-130 for AOS from a K-1 visa entry. Check out our AOS from a K-1 wiki entry here http://britishexpats.com/wiki/Adjust...-3_Spouse_Visa where there is info about the medical requirements, as well as that pinned thread at the top of the forum.

You will need the I-864 despite what the regulations say. :)

Mea culpa -- I missed that OP had listed the I-130. You are quite right that that no I-130 is needed. Therefore, neither is an I-864. That said, it will save a lot of trouble to file one.

The issue comes in the situation noted Matter of Sesay. This situation brings the I-864 issue to the forefront.

Rete May 10th 2011 6:49 am

Re: 1-693 - help?
 

Originally Posted by jeffreyhy (Post 9355487)
Since the Panel Physician marked your DS-3025 as incomplete, it sounds like you will need to see a Civil Surgeon to fill out the vaccination section of an I-693 for you. Take with you the DS-3025 from the Panel Physician and documentation of the subsequent TDap booster from your family doctor.

Regards, JEff


It was my impression that anyone who enters the US with an approved K-1 must get the supplemental I-693 done in the US. This is the vaccination report from the USCIS panel physician and this is required regardless of what was indicated on your DS-3025.

Braveheart87 May 10th 2011 6:55 am

Re: 1-693 - help?
 
Thank you everyone!
:thumbup:

jeffreyhy May 10th 2011 7:21 am

Re: 1-693 - help?
 
My wife didn't, I personally know of one other person who didn't, and I have read reports from various other people who didn't.

I have also read reports from numerous people who were RFE'd by USCIS to have the I-693 done, so I guess it's 'the luck of the draw' if DS-3025 is complete.

If DS-3025 is not complete, then without question the vaccination section of I-693 is required.

Regards, JEff



Originally Posted by Rete (Post 9355577)
It was my impression that anyone who enters the US with an approved K-1 must get the supplemental I-693 done in the US. This is the vaccination report from the USCIS panel physician and this is required regardless of what was indicated on your DS-3025.


Braveheart87 May 10th 2011 10:43 am

Re: 1-693 - help?
 

Originally Posted by jeffreyhy (Post 9355690)
My wife didn't, I personally know of one other person who didn't, and I have read reports from various other people who didn't.

I have also read reports from numerous people who were RFE'd by USCIS to have the I-693 done, so I guess it's 'the luck of the draw' if DS-3025 is complete.

If DS-3025 is not complete, then without question the vaccination section of I-693 is required.

Regards, JEff

Then from what I can gather, the doctor misinformed me! She said that because of my age (23) my vaccine record would always be incomplete. I asked if this would affect AOS, and she said no...Slightly concerned and confused! I'm thinking the best option is to send cover letter along with DS3025, and the copies of my vaccine records detailing my vaccines are up-to-date according to the requirements - worse case is we get an RFE.

jeffreyhy May 11th 2011 1:35 am

Re: 1-693 - help?
 
We need to clarify what we mean by 'complete'.

There is a list of vaccinations that are required, unless deemed to be mediaclly inappropriate (or unavailable?) for the individual in which case they can be waived. By 'complete', I mean that all of the listed vaccinations have been addressed and the requirements satisfied - each vaccination has either been had or is medically inappropriate and so can be waived for that particular person.

In the sense that the doctor meant, yes your vaccination record is not complete - there are vaccinations that you have not had and will never have, because you don't need them. From the immigration requirements point of view, your vaccination record is complete if you have had all of the vaccinations that are appropriate for you, and the vaccinations that you have not had have been identified as medically inappropriate for you.

S Folinsky May 11th 2011 1:59 am

Re: 1-693 - help?
 

Originally Posted by jeffreyhy (Post 9357489)
We need to clarify what we mean by 'complete'.

There is a list of vaccinations that are required, unless deemed to be mediaclly inappropriate (or unavailable?) for the individual in which case they can be waived. By 'complete', I mean that all of the listed vaccinations have been addressed and the requirements satisfied - each vaccination has either been had or is medically inappropriate and so can be waived for that particular person.

In the sense that the doctor meant, yes your vaccination record is not complete - there are vaccinations that you have not had and will never have, because you don't need them. From the immigration requirements point of view, your vaccination record is complete if you have had all of the vaccinations that are appropriate for you, and the vaccinations that you have not had have been identified as medically inappropriate for you.

I wonder if the problem still arises from the fact that varicella vaccine is not generally available in the UK due to the fact that the US and the UK differ on whether or not it should be generally administered?

Also, as a matter of pure speculation, I wonder if the Doc was thinking about the former requirement for HPV which was age specific. There is usually a lag time between changes and when the front line people internalize them in their duties.

Moxie May 11th 2011 3:38 am

Re: 1-693 - help?
 
The USCIS will accept a DS-3025 as complete without doing an I-693. For the nit-pickers, I'm writing about people who made the effort to get up to date before leaving the UK. We all know a K1 visa can be issued without any shots, but AOS won't be granted without them.

Look at your DS-3025. If it has the ALL of the following items, you don't need an I-693 (Adults 19-49 yrs old).

1. Shots marked with a date (at least one of a series)
  • MMR
  • Td or Tdap or DT or DTP or DtaP (One no longer than 10 years ago, ie.have a booster)
  • Varicella or VH written by it if you had chickenpox
  • Influenza **see note below because you are most likely okay without it.
2. Everything else marked not age appropriate

3. RESULTS section filled in with "incomplete" and "may be eligible for blanket waiver" ticked.

4. Signed and dated by the doctor

If it's not completed like that then see a civil surgeon for the I-693. If it is complete, send a photocopy of your DS-3025.


The USCIS is supposed to have your K1 medical files, but sometimes lose them or fail to match them up with your AOS. Do not get another exam unless you get an RFE that says they do not have results of your medical. It means they lost them, but you are probably stuck with paying for a new exam. Those kinds of RFE's are not about the immunizations or the form I-693; they are because USCIS failed to match up your other medical exam results with your AOS application.

**Note on flu shot: Flu shots are required for adults of all ages (changed Nov 2010) if your UK exam was between (Oct 1 and March 31). But if the AOS adjudicator picks up your case when it is not flu season, you will be excused. And the reverse is true. The adjudicator picks up your case during flu season, but sees it was NOT flu season when you had your medical exam, you are also excused because the date they go by is the date of your exam to determine if you were current on that date. Keep in mind that if you go to a civil surgeon for an I-693, then you are resetting the medical exam date for immunizations and you may have to get second doses of shots or a flu shot to become current on your new immunization date of record.

jeffreyhy May 11th 2011 4:48 am

Re: 1-693 - help?
 
Agreed, this is how it should work. But, experience has shown that more than a few people who submitted a DS-3025 as you have described it have received RFEs on receipt of the application by USCIS because the particular file clerk who opened the submission expected that it should have contained an I-693. At that point the file clerk has no idea what is or is not in the person's 'master' file, they don't have access to it, they only know what's in the submission and they mistakenly believe it should contain an I-693.

Should that happen, one can answer the RFE either by entering into debate or by seeing a Civil Surgeon. Either way, time is lost, which is why many people recommend getting the vaccination section of I-693 for the submission even if it shouldn't be required.

Regards, JEff



Originally Posted by Moxie (Post 9357824)
The USCIS will accept a DS-3025 as complete without doing an I-693. ....


Moxie May 11th 2011 5:41 am

Re: 1-693 - help?
 

Originally Posted by jeffreyhy (Post 9358015)
Agreed, this is how it should work. But, experience has shown that more than a few people who submitted a DS-3025 as you have described it have received RFEs on receipt of the application by USCIS because the particular file clerk who opened the submission expected that it should have contained an I-693. At that point the file clerk has no idea what is or is not in the person's 'master' file, they don't have access to it, they only know what's in the submission and they mistakenly believe it should contain an I-693.

Should that happen, one can answer the RFE either by entering into debate or by seeing a Civil Surgeon. Either way, time is lost, which is why many people recommend getting the vaccination section of I-693 for the submission even if it shouldn't be required.

Regards, JEff

I agree there were problems when the contactor company that opens the AOS files changed. USCIS awarded a new contract and brought in totally new people who wrote new software to click through their preparation process ( I don't know what else to call it. ) All of the sudden RFEs were coming left and right to K1s that applied for AOS, mostly starting in November of 2009. The RFEs were very vague too. I communicated with the USCIS, the contractor company main office, and my Congressman Ron Paul who used to be my OB/Gyn before politics. I thought being a doctor , the immigrant medical might be something he would take a more personal interest in. I believed that the new contactors didn't understand that K1s had to have their A-file ordered to find their medical records. It was like they opened the envelope and if there wasn't an I-693, they sent an RFE saying to get a medical exam. It took a number of months, but that little glitch seemed to get resolved.

I really and truly believe what I wrote above is true and not just an oversight where a couple of people got lucky. I get messages from people often telling me they got their greencard without RFE or I-693.

Example from April (last month)
Wanted to thank you for your world of information about all of this AOS stuff. You were correct and we made it through with out having to have his shot record transcribed. The DS thingy was just fine as we did receive his green card with out a interview or a RFE. Really do appreciate your help.
Nobody has to follow my advice, but I wouldn't offer it if I hadn't researched it to death and if I wasn't sure it was correct. As always, it's up to each applicant to choose their path.


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