Request for Initial Evidence (I-485)
 

Hi all,

I submitted my AOS application on the first week of December 2009. Had my biometrics done last week.

I have received a letter from the USCIS requesting more information from me.

This is what it states -

Submit a properly completed and signed form I-693, Report of Medical Examination and Vaccination Record.

I had examination back in July 2009 in London, so believe I don't need one.

I filled in part one of the from and sent it to Dr Arnold in Texas to transfer the information onto the the form. She sent it back to me in a sealed in envelope.

I submitted my whole package with this sealed envelope. Now I don't know what to do.

Any help will be much appreciated.

Thanks

Re: Request for Initial Evidence (I-485)
 

ust,

Sometimes CIS clerical staff make mistakes. Perhaps the one you ran into failed to recognize that you are a K-visa entrant, or failed to understand the implications of that.

In any case, you have 3 choices:
- respond giving them what they want,
- respond giving them what you've got, even though it may not be quite what they want, or
- respond telling them that you have nothing more to give them relative to their request.

The choice is yours, and note that all 3 choices involve a response of some kind.

Regards, JEff

Wirelessly posted (LG-GR500/V10f Teleca/Q7.0 Profile/MIDP-2.1 Configuration/CLDC-1.1)

id get another i-693 done. Dont not reply to the rfe.

Wirelessly posted (LG-GR500/V10f Teleca/Q7.0 Profile/MIDP-2.1 Configuration/CLDC-1.1)

you could always include a letter with the new i-693 stating your came in on a k1 visa, even printout and highlight the part of the instructions that says you dont need a full medical.

Re: Request for Initial Evidence (I-485)
 

The same happened to me the other week, I just got the vaccination record transcribed and included a cover letter stating I came on a K1, and had a medical prior to entry to the US within a year of filing the AOS package, so do not require another medical. Now I'm just waiting to hear the outcome. Keep me posted if you hear anything, good luck.

Re: Request for Initial Evidence (I-485)
 

We had the same problem. So did quite a few other people. Was your case transferred to California by any chance? We just decided not to argue and got another medical. My husbands greencard came in the mail less than a month later. Someone else we know sent back a letter stating that they came over on a K1 and said they already had the medical as well. They got another RFE insisting on a medical. It's up to the indidvidual Con Off to decide what they want to do. Just make sure you respond to the RFE no matter what you decide. The RFE must be received by the date they mentioned on the letter. Not just sent out by that date . Make sure you send the info return receiot or fed ex so you have proof of delivery. My attorney had told me that we could fight it and say we came over on a K1 but sometimes it's better to just give them what they want. Mr. Folyinska (an attorney who sadly is no longer on this forum) gave me the same advice.

Re: Request for Initial Evidence (I-485)
 

Lately I have heard of many people getting RFEs when they used Dr. Arnold and do not live close to him. I think they are under the impression that the transcribing of this form needs to be done by a CS who actually SEES you in person. Of course this is lame, and also contradicts what they've allowed in the past (I used Dr Arnold back in 2007 for hubby and had no problems - as have many others).

I think your only choice is going to be to go to a CS near you and have the transcription done. I only hope they don't try and charge you and arm and a leg for it.

Re: Request for Initial Evidence (I-485)
 

We didn't use Dr. Arnold and the other people we know didn't either. It does seem to be a common RFE lately though.

Re: Request for Initial Evidence (I-485)
 

I dont know if its that common, I didnt have a problem and a few others havent either. I guess its just good/bad luck of which person pulls your file apart.

You could also try calling the USCIS, sometimes they are helpful, sometimes not.

Re: Request for Initial Evidence (I-485)
 

I actually talked to someone on the phone from USCIS on Monday and they told me not to get the full medical as it isn't required again for a K1 visa holder (and to mention that when responding to the RFE).

I posted the vaccination part of the I-693 on Monday after the conversation I had with USCIS. It was delivered yesterday by USPS and today I got a notification that the case processing has resumed at the NBC (4 days from postage to case resumed). I thought that was pretty quick. Fingers crossed there will be no more delays.

Re: Request for Initial Evidence (I-485)
 

I actually called them (USCIS) three times and I got different responses from each.

1. You need a another medical.
2. You should have used a civil surgeon in your area.
3. You should have included your medical report (From London) in your application.

USCIS is a joke.

I am know confused on which is the right way on going about this... Either I don't understand the instructions or I'm reading something else.

Thank you for all your answers, I really do appreciate it.

Re: Request for Initial Evidence (I-485)
 

I think your getting confused form the amount of different anwsers.

Id go with 2. on that list I guess, go see a USCIS civil surgeon in your area, get the vaccine transcribed, make sure the correct parts are filled out before they seal it in an evelope. get a copy for your own records

send it with a letter stating that you came to the USA on a K1 fiancee visa that you arent required to have another full medical, provide part of the instructions to back up your letter.

thats the best you can do.

Re: Request for Initial Evidence (I-485)
 

The instructions for the I-485 clearly states that if you enter on a K-1 visa, you do *not* require another medical... only the vaccination supplement.

Take a photocopy of the K-1 visa in your passport, attach page 4 of the I-485 instruction page, highlight the relevant section... and let that be your response.

Ian

Re: Request for Initial Evidence (I-485)
 

That's VERY typical. The USCIS 800 number phones are manned by outside source workers who know nothing about immigration. They probably don't know the difference between a fiance visa and a spouse visa. You could call 10 times and get 10 different answers.

My advice is from now on, don't call the USCIS 800 number for accurate information.

Rene

Re: Request for Initial Evidence (I-485)
 

As for how to respond to the RFE, it's been said you have a few choices:

1. Send a new medical even though you don't need one.
2. Send a new vaccination supplement done by a civil surgeon in your area.
3. Re-send what you previously sent, if you have a copy of it.
4. Send the RFE back asking USCIS to adjudicate it with the information you previously provided.

In my opinion, number 2 has the best chance of success.

Rene