Adj. of Status Interview - Question

[tbirdjoy]

My wife received her for first notice for our interview back in April but we had to reschedule due to her visiting home at that time.  We finally received her new appointment only this time they marked the box requiring a medical examn and sent a bunch of med forms and a list of doctors.  This wasn't a requirement on her first notice back in April.  You guys that have gone through this recently is this something new that's started over the past couple of months?  They are gonna check for STD's HIV and TB among other things.  What a pain in the ass and I just know this won't be covered by my HMO insurance.

Mark

[Ray]

... in response to Adj. of Status Interview - Question, posted by tbirdjoy on Jun 29, 2004

Mark,

If your wife entered on a K-visa and she had her visa medical exam within one year of the date she applied for adjustment of status, then she is not required to have another medical. They will want to see her vaccination supplement however to insure that she had all of her shots. She probably got a copy of that at her medical.

If they hassle her about the medical exam at the interview, here is the applicable part of the 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.”

Ray

[tbirdjoy]

... in response to Re: Adj. of Status Interview - Question, posted by Ray on Jun 29, 2004

Ray thanks for the information.  She had her medical exam on Dec. 25 2003. She arrived in the US on May 15, 2003 on the K-1 visa and we applied for her AOS on August 7, 2003.  Her first interview was scheduled for April 15, 2004 which she could not attend.  (This was within a year of the time she arrived, so I thought that since it's been over a year now since she's been in the country that is why they are requiring the medical again)  However if the rule is filling the application within a year of the previous medical then we should be fine.  We've got all of her medical records and TB xray from that medical.  You known the BCIS dosen't give out numbers for us to call.  What's the worst they can do if we show up with her medical records from her K-I visa, that reg. section in our hand, a big smile on our faces the love of Jesus in our eyes?  :-)  I've got an excellent pre-paid legal service guess I'll call them and get some immigration advice.  Thanks for your advice.  Your information was very helpful.

Mark & Angelica

[Ray]

... in response to Re: Re: Adj. of Status Interview - Quest..., posted by tbirdjoy on Jun 30, 2004

It’s really no big deal Mark. Actually, this happens all the time. Some local CIS offices send out the medical exam paperwork to all AOS applicants regardless of their status. I don’t see any reason for you to consult with an attorney.

They should have her visa medical exam report in her file and as long as she filed her AOS application within 1 year of her K-1 medical, she won’t need to do another one. They even spell that out in the Form I-485 instructions.

Ray

[Gator]

... in response to Re: Re: Adj. of Status Interview - Quest..., posted by tbirdjoy on Jun 30, 2004

1.  Believe me, it will be better to have the exam as requested.  It is not that expensive (yes, my insurance did not cover my wife's exam).  In any event will be much less than any legal fees if your prepaid legal firm can't handle it.

2.  Do NOT attempt to split hairs with the people who have a Phd in hair splittiing.

3.  Many prepaid plans do not handle immigration matters so check.

4. You really do not want to know what the worse they can do is if you show up without the requested items.  One advantage you will have is she is here.  If things go badly she will be afforded entry into the American legal system.
The one thing I was told over and over again(in all fairness) some years ago was, "UNDER CIRCUMSTANCES LET YOUR WIFE LEAVE THE COUNTRY."  Why, once she left and attempted to return ( then all, at that time INS, had to say at the POE was, "No!" and it was back to Colombia with no right of appeal.  The big problem is a K-1 visa is a temporary visa but the fact at AS was filed may just save the day.

Good luck,

Gator

[tbirdjoy]

... in response to Re: Re: Re: Adj. of Status Interview - Q..., posted by Gator on Jun 30, 2004

Well I did call my "pre paid" legal law firm (I've actually have a very extensive per paid plan that covers almost everything with no out of pocket expense and it's a very large law firm that I use)One of their attorneys called me back.  He was very conversant in immigration law.  He advised that the first medical exam (the K-1 exam) is good for a year and then after that the BCIS can require another one.  He also said that since I did cancel our first interview (due to Angelica being out of the country on an Advance Parole document) and informed them of such then that's probably also why they're requiring another physical.  His advice was to remember who I'm dealing with and that these people are not that bright.  They're following a cookie cuter receipt and is it really worth it to fight with them about it?  He said they wouldn't even know about the regulation concerning this issue or how to interpret it. He also told me that they will probably make her do her fingerprints again since it's now been more than 6 months since she had this done.  So he said don't expect the stamp in her passport at the conclusion of the interview.

So I've made an appointment with one of the listed physicians on their list.  There was actually one about 5 minutes from the college where I work.  It'll cost me $100 and then I'll be ready for the interview.  I look at this as just another one of the costs in marrying a foreign woman and in having to deal with the BCIS.

Thanks again everyone.

Mark