Interview Today; IO insisted I-693 was expired.

[bcntrix]

OP here. Got a notice in the mail that I-I30 was approved. It was dated on the day of my interview. The online status says "Interview Was Complete and My Case Must Be Reviewed." I did not receive an email/text update on I-130.

I-485 online status says "Request for Additional Evidence Has Been Mailed."

In regards to the language of the USCIS Manual, I find that I have met my burden of proof by fulfilling all the criteria for I-693. As to footnote 24, I think that the IO does not have discretion as to the expiry of the medical. The language says: "[T]he officer may order an additional medical examination at any time if he or she has concerns as to an applicant's inadmissibility on health-related grounds.

From my interpretation (this is not legal advice), FN24 would only be applicable where there is a concern about inadmissibility on health-related grounds. That is not the case here. The IO did not bring up such a concern, his only proffered reason was the expiration date, and I am fairly certain that I am not inadmissible on any health-related ground. I think he has misinterpreted USCIS policy.

I am waiting to receive the RFE in the mail and will complete another medical in the meantime. I really hope it does not take long. However, I will also be filing a complaint with my senator.

Thank you for all your help!

[UScitizenFilingforspouse]

OP here. Got a notice in the mail that I-I30 was approved. It was dated on the day of my interview. The online status says "Interview Was Complete and My Case Must Be Reviewed." I did not receive an email/text update on I-130.

I-485 online status says "Request for Additional Evidence Has Been Mailed."

In regards to the language of the USCIS Manual, I find that I have met my burden of proof by fulfilling all the criteria for I-693. As to footnote 24, I think that the IO does not have discretion as to the expiry of the medical. The language says: "[T]he officer may order an additional medical examination at any time if he or she has concerns as to an applicant's inadmissibility on health-related grounds.

From my interpretation (this is not legal advice), FN24 would only be applicable where there is a concern about inadmissibility on health-related grounds. That is not the case here. The IO did not bring up such a concern, his only proffered reason was the expiration date, and I am fairly certain that I am not inadmissible on any health-related ground. I think he has misinterpreted USCIS policy.

I am waiting to receive the RFE in the mail and will complete another medical in the meantime. I really hope it does not take long. However, I will also be filing a complaint with my senator.

Thank you for all your help!

Glad to help! And thank you for sharing your experience in this forum. I would likely proceed the same way - submit another
I-693 and inform Senator and Ombudsman.

All the best,

USCFFS

[arthurmsarthur]

I actually just went through a very similar experience. Had my interview this morning, everything was going very smooth and easy until the officer asked for the i693 that I had brought to the interview (I didnt submit with the original package). My i693 is dated from March 2021, my interview happened today June 22, 2021.

From the instructions of Form I-693:

The Form I-693 must be dated no earlier than 60 days before you filed your underlying application. A properly and timely completed Form I-693 remains valid for two years from the date of the civil surgeon’s signature.

The officer insisted that the signature should be within 60 days of the interview even though everywhere you read it says that is valid for two years, as stated above. It comes down to interpretation but I would expect this to be a very common and easy procedure for USCIS. Unfortunately I did not have the instructions of form i693 with me so it was just my word against hers, she was insisting that the form was old and she would request through the mail for an updated one.

Frustrating experience since I was hoping for all of this to be over.

I know the recommendations in this post was just to go with the flow and resubmit them but I would appreciate any other advice since the original post was from 3 years ago!

Good luck everyone!

---

June 22, 2021 Interview Was Completed And My Case Must Be Reviewed
May 20, 2021 We scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.
April 29, 2021 We are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, for an interview.
April 29, 2021 We cancelled your interview for your Form I-485, Application to Register Permanent Residence or Adjust Status, and mailed you a cancellation notice.
May 20, 2021 We scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.
April 29, 2021 We are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, for an interview.
March 16, 2021 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.
February 24, 2021 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.
December 14, 2020 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.
September 28, 2020 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case.
September 15, 2020 We received your Form I-485, Application to Register Permanent Residence or Adjust Status.

[Enub4]

Frustrating experience since I was hoping for all of this to be over.

I know the recommendations in this post was just to go with the flow and resubmit them but I would appreciate any other advice since the original post was from 3 years ago!

Is sad to see this happening. I don't know what else you can do but visit the civil surgeon that did your I-693, explain the situation and they may create a new document with a new signature date for free or at a lower price (without the need of full medical again). Good luck.

[arthurmsarthur]

I don't know what else you can do but visit the civil surgeon that did your I-693, explain the situation and they may create a new document with a new signature date for free or at a lower price (without the need of full medical again). Good luck.

This is exactly what I am gonna end up doing. I will wait until I receive the official RFE through the mail, just to make sure I do everything within the 60 days. I am hoping the surgeon will be understanding and not greedy towards it.

[Canadian77]

I actually just went through a very similar experience. Had my interview this morning, everything was going very smooth and easy until the officer asked for the i693 that I had brought to the interview (I didnt submit with the original package). My i693 is dated from March 2021, my interview happened today June 22, 2021.

From the instructions of Form I-693:

The Form I-693 must be dated no earlier than 60 days before you filed your underlying application. A properly and timely completed Form I-693 remains valid for two years from the date of the civil surgeon’s signature.

The officer insisted that the signature should be within 60 days of the interview even though everywhere you read it says that is valid for two years, as stated above. It comes down to interpretation but I would expect this to be a very common and easy procedure for USCIS. Unfortunately I did not have the instructions of form i693 with me so it was just my word against hers, she was insisting that the form was old and she would request through the mail for an updated one.

Frustrating experience since I was hoping for all of this to be over.

I know the recommendations in this post was just to go with the flow and resubmit them but I would appreciate any other advice since the original post was from 3 years ago!

Good luck everyone!

---

June 22, 2021 Interview Was Completed And My Case Must Be Reviewed
May 20, 2021 We scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.
April 29, 2021 We are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, for an interview.
April 29, 2021 We cancelled your interview for your Form I-485, Application to Register Permanent Residence or Adjust Status, and mailed you a cancellation notice.
May 20, 2021 We scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status.
April 29, 2021 We are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, for an interview.
March 16, 2021 The fingerprints relating to your Form I-485 Application to Register Permanent Residence or Adjust Status, were taken.
February 24, 2021 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.
December 14, 2020 We sent a request for initial evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.
September 28, 2020 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case.
September 15, 2020 We received your Form I-485, Application to Register Permanent Residence or Adjust Status.

HI
You did your medical in march ?
after we scheduled interview on may 20, when you received interview letter by mail(after how many days)

[arthurmsarthur]

HI
You did your medical in march ?
after we scheduled interview on may 20, when you received interview letter by mail(after how many days)

I received the letter a week later, May 27th. And the medical was done at the end of March.
As of now my case is still saying interview was completed and case must be reviewed. The officer said she would issue the RFE as soon as possible, I am just afraid I will get caught on a limbo or something.

[Canadian77]

I received the letter a week later, May 27th. And the medical was done at the end of March.
As of now my case is still saying interview was completed and case must be reviewed. The officer said she would issue the RFE as soon as possible, I am just afraid I will get caught on a limbo or something.

yes a bit confusing, they clearly said medical is valid upto 2 years once submit the form, even yesteday i called uscis and she told me the same that you will do your medical dont wait for the interview letter it is valid for 2 years.

[arthurmsarthur]

yes a bit confusing, they clearly said medical is valid upto 2 years once submit the form, even yesteday i called uscis and she told me the same that you will do your medical dont wait for the interview letter it is valid for 2 years.

It is just very frustrating, cause you get prepared and do all the right things just to be turned back around with something you know it is incorrect.
My biggest fear is the amount of time this will add to the process since I have to do international trips in November. I woke up yesterday thinking the interview was going to be the very last step of a somewhat smooth process so far =/

[randUser9]

According to my lawyer, USCIS needs to receive that letter within 60 days from the signature date on letter. After that, it is good for 2 years. I did the same thing back in Jan (I485 in Nov), got my medicals but then was told by lawyer, it's no good. It's best to get it done after RFE. So will be going again.

[arthurmsarthur]

According to my lawyer, USCIS needs to receive that letter within 60 days from the signature date on letter. After that, it is good for 2 years. I did the same thing back in Jan (I485 in Nov), got my medicals but then was told by lawyer, it's no good. It's best to get it done after RFE. So will be going again.

I think that is why they design these immigration processes to be vague on purpose, to rely on interpretation and not on hard requirements and criteria. Every lawyer, every officer ends up interpreting the info the way is more convenient for them.

[Enub4]

From https://www.uscis.gov/policy-manual/...rt-b-chapter-4

Form I-693 Submitted to USCIS On or After November 1, 2018

A completed Form I-693 submitted to USCIS on or after November 1, 2018 retains its evidentiary value to support a finding that an applicant is not inadmissible based on health-related grounds if it meets any of the following scenarios:

• The civil surgeon signs Form I-693 no more than 60 days before the applicant files the underlying benefit application with USCIS; and USCIS issues a decision on the underlying benefit application no more than 2 years after the date of the civil surgeon’s signature.
• The civil surgeon signs the Form I-693, and the applicant submits Form I-693, after the applicant files the benefit application with USCIS; and USCIS issues a decision on the underlying benefit application no more than 2 years after the date of the civil surgeon’s signature.

In all cases, a Form I-693 signed by a civil surgeon more than 60 days before the applicant files the underlying benefit application is insufficient for evidentiary purposes as of the time of its submission to USCIS. The table below illustrates these scenarios.

The underlying benefit application is I-485.

It is a sealed envelope, the 60 days is just when the medical is done 60+ days before USCIS receiving I-485. Lawyers and USCIS officers can be wrong. The problem is that officers can do/ask for anything they want, even if they are wrong. And unless you are prepared to fight for many months and put in danger your process with a denial for not giving the officer what they asked for, is better to follow the RFE. Even then, they can send you a second RFE even if the I-693 is less than 2 years.

For people reading this: is better to wait to do your I-693 until you get an RFE or you get your appointment letter (to bring I-693 then), within 60 days so the officer can't get confused.

[arthurmsarthur]

So just to give an update on this, I received the letter from my local field office last night asking for an updated signature on the I-693. See below verbatim extract from the letter and please share your opinions on this, cause for me it is very clear the contradiction on their statement.

"You must submit a new Form I-693, Report for Medical Examination and Vaccination Record. The Form I-693 that you submitted is no longer valid under the Form I-693 policy that went into effect on November 1, 2018. Under this policy, if the civil surgeon signed the Form I-693 no more than 60 days before you submitted the underlying immigration benefit application (such as Form I-485, Application to Register Permanent Residence or Adjust Status) to USCIS, the Form I-693 will be valid for two years from the date the civil surgeon signed the form.

You submitted Form I-693 to USCIS on June 22, 2021. It was signed by a civil surgeon on March 3, 2021. You submitted the underlying immigration benefit application on September 15, 2020. The Form I-693 you submitted to USCIS is no longer valid because the civil surgeon signed Form I-693 more than 60 days before you submitted underlying immigration benefit application."

Does that even make sense to you guys? haha
It is clearly being stated that it has to be no more than 60 days before underlying application, which they specify being form i-485. Then on the paragraph below they clearly put the dates I submitted both. I-485: September 2020. I-693 Signature: March 2021. Then the next statement says the signature is 60 days before underlying application (I-485)... ???????????

Anyways, at least I am happy they sent the letter quite quick. Now I will reach out to the surgeon and see if they understand my case and help me out giving me a new form without charging for everything again.

Thanks for the help guys!

[randUser9]

So just to give an update on this, I received the letter from my local field office last night asking for an updated signature on the I-693. See below verbatim extract from the letter and please share your opinions on this, cause for me it is very clear the contradiction on their statement.

"You must submit a new Form I-693, Report for Medical Examination and Vaccination Record. The Form I-693 that you submitted is no longer valid under the Form I-693 policy that went into effect on November 1, 2018. Under this policy, if the civil surgeon signed the Form I-693 no more than 60 days before you submitted the underlying immigration benefit application (such as Form I-485, Application to Register Permanent Residence or Adjust Status) to USCIS, the Form I-693 will be valid for two years from the date the civil surgeon signed the form.

You submitted Form I-693 to USCIS on June 22, 2021. It was signed by a civil surgeon on March 3, 2021. You submitted the underlying immigration benefit application on September 15, 2020. The Form I-693 you submitted to USCIS is no longer valid because the civil surgeon signed Form I-693 more than 60 days before you submitted underlying immigration benefit application."

Does that even make sense to you guys? haha
It is clearly being stated that it has to be no more than 60 days before underlying application, which they specify being form i-485. Then on the paragraph below they clearly put the dates I submitted both. I-485: September 2020. I-693 Signature: March 2021. Then the next statement says the signature is 60 days before underlying application (I-485)... ???????????

Anyways, at least I am happy they sent the letter quite quick. Now I will reach out to the surgeon and see if they understand my case and help me out giving me a new form without charging for everything again.

Thanks for the help guys!

Unfortunately, doesn't matter how we interpret the rule. It's how they interpret it, whether it makes sense or not. I was told the same by my lawyers. I will be going back to the doc to get it signed again, once i get the RFE.

[UScitizenFilingforspouse]

So just to give an update on this, I received the letter from my local field office last night asking for an updated signature on the I-693. See below verbatim extract from the letter and please share your opinions on this, cause for me it is very clear the contradiction on their statement.

"You must submit a new Form I-693, Report for Medical Examination and Vaccination Record. The Form I-693 that you submitted is no longer valid under the Form I-693 policy that went into effect on November 1, 2018. Under this policy, if the civil surgeon signed the Form I-693 no more than 60 days before you submitted the underlying immigration benefit application (such as Form I-485, Application to Register Permanent Residence or Adjust Status) to USCIS, the Form I-693 will be valid for two years from the date the civil surgeon signed the form.

You submitted Form I-693 to USCIS on June 22, 2021. It was signed by a civil surgeon on March 3, 2021. You submitted the underlying immigration benefit application on September 15, 2020. The Form I-693 you submitted to USCIS is no longer valid because the civil surgeon signed Form I-693 more than 60 days before you submitted underlying immigration benefit application."

Does that even make sense to you guys? haha
It is clearly being stated that it has to be no more than 60 days before underlying application, which they specify being form i-485. Then on the paragraph below they clearly put the dates I submitted both. I-485: September 2020. I-693 Signature: March 2021. Then the next statement says the signature is 60 days before underlying application (I-485)... ???????????

Anyways, at least I am happy they sent the letter quite quick. Now I will reach out to the surgeon and see if they understand my case and help me out giving me a new form without charging for everything again.

Thanks for the help guys!

Oh boy... what can I tell you...? Sometimes people give others a hard time because they can. That is my take on this. I would just go to the civil surgeon and ask them to do it again and hopefully, give you a break on the price.