Confustion about I-694 form

[Noah]

Hopefully some of you have been through this.  My wife is schedule for her AOS interview at the end of November, and on the Notice of Action form it says that "a completed medical examination (From I-694) and vaccination supplement in a sealed envelope" is required.

Is this really a necessity? I had read that if she send her immunization papers in with her I-864 forms she didn't need the examination. We sent her immunization form from Vietnam in with that package, although it wasn't sealed...and we never did submit a I-694 at all.

Any ideas?

[Ray]

Noah,

That notice is like a form letter that goes out to all AOS applicants, but K-Visa holders don’t need a medical exam if it was less than one year from the time of her visa medical to the time you submitted the I-485.

A copy of her Vaccination Supplement is all she needs. If she missed any required vaccinations at the time of her medical, they may ask her to get those shots before they approve her AOS, but she DOES NOT need another medical exam.

Here’s the applicable law:
8 CFR part 245 section 5 (245.5)

“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.”

[Jet]

Check the dates!
If the embassy medical AND the immunization record on the official form were submitted with AoS application LESS THAN 12 months from the time they occured, you are in the clear and don't need to provide anything. The AoS interview announcement has a laundry list of items that need to be provided. It's because the notice is not specific to any one visa catagory. This notice should also be asking you to provide a new I-864 form, when in fact, all they want is any tax return filed SINCE the last one they have on record I.E. they want to update your file to current date. Police reports, medical exams and vaccination reports expire after 12 months; biometrics (fingerprints and photos) expire after 15 months.

The absolute WORST that will happen is that they will request (on day of interview) for you to mail these items within 30 days if they've expired or are missing from your file. They will giv you a special (usually pink) envelope to mail them in, with a cover sheet.

[Jet]

but she DOES NOT need another medical exam.

The "catch 22" here is that a good many civil surgeons WILL NOT just do the vaccination supplement, they'll charge for the medical exam too.

[william3rd]

Uhhhh- I dont think that ANY of the Civil Surgeons will just sign off on a supplement. They want to be paid for their time.

ANyway- if you go to the interview without everything, the interviewer will tell you what is missing and, in most cases, will have you mail it in. THe downside is that the case is delayed at that point and it may take a while to get the approval in the mill.

[utopiacowboy]

Wrong. I succeeded in getting just the Vaccination Supplement for my wife when she AOS'ed from a K-3 and even with her kids when they AOS'ed from K-4s a year later (more than 2 years after their medical exams in Bogota). So, yes it is possible - you may have to bring the law with you and show it to them. I think I paid $12 for the vaccination supplements.

[william3rd]

Glad that you found one that would do it. IF he is in So. california, let me know. I have some folks that had to pay full boat on the same facts as yours even armed with the law.