Just want to post some details about my RFE... (there is a prior thread about this)
The CIS issued RFE's for me, my wife and children on 2/18/04.
The lawyers received the RFE's on Friday 2/27/04. The RFE's were for the results of the medical exams for all of us. When we applied for I-485, our medical results were not complete, and it was decided to send it to TSC when we have the sealed envelopes.
For some reason, the lawyers decided not to send the medicals, and decided to wait for the RFE, which they have now recieved. Now they are asking for us to go again for medicals, since these are now older than 2 years. I send the lawyers a copy of the INS memo, dated 1/8/04, in which it states that due to the backlog the I-693's will stay valid untill adjudication. This memo will be in effect till 1/1/05.
I have searched the internet about this "2 years" and could not find anything about this issue.
Secondly, the memo states as well "..the validity of the civil surgeon's endoresement on Form I-693, when filed concurrently with Form I-485, is extended until the adjustment application is adjudicated, ..."
Since we have not filed concurrently, this could pose a problem for us, and could mean redoing the medical exams - at my expense of course.
The only related issue on the CIS website states that the medical examination should be done as close to the date when filing for the I-485, but some centres wants to have the I-693 with the I-485 application while other prefer to get the I-693 when you have your interview.
I have instructed the lawyers to file the I-693 for us (that is now nearly three years old) since I still believe they should be valid. They are still sealed.
I am however not happy with the fact that the lawyers took the decision without consulting me, and feel that should we have to redo the medical, that they should pay for this.
I would appreciate it if you guru's could share your thoughts on this. It seems that this is also one of those "grey" areas, and depending on the officer, will approve or issue another RFE.
Thanks
The CIS issued RFE's for me, my wife and children on 2/18/04.
The lawyers received the RFE's on Friday 2/27/04. The RFE's were for the results of the medical exams for all of us. When we applied for I-485, our medical results were not complete, and it was decided to send it to TSC when we have the sealed envelopes.
For some reason, the lawyers decided not to send the medicals, and decided to wait for the RFE, which they have now recieved. Now they are asking for us to go again for medicals, since these are now older than 2 years. I send the lawyers a copy of the INS memo, dated 1/8/04, in which it states that due to the backlog the I-693's will stay valid untill adjudication. This memo will be in effect till 1/1/05.
I have searched the internet about this "2 years" and could not find anything about this issue.
Secondly, the memo states as well "..the validity of the civil surgeon's endoresement on Form I-693, when filed concurrently with Form I-485, is extended until the adjustment application is adjudicated, ..."
Since we have not filed concurrently, this could pose a problem for us, and could mean redoing the medical exams - at my expense of course.
The only related issue on the CIS website states that the medical examination should be done as close to the date when filing for the I-485, but some centres wants to have the I-693 with the I-485 application while other prefer to get the I-693 when you have your interview.
I have instructed the lawyers to file the I-693 for us (that is now nearly three years old) since I still believe they should be valid. They are still sealed.
I am however not happy with the fact that the lawyers took the decision without consulting me, and feel that should we have to redo the medical, that they should pay for this.
I would appreciate it if you guru's could share your thoughts on this. It seems that this is also one of those "grey" areas, and depending on the officer, will approve or issue another RFE.
Thanks
I'd say just take the medical again and responding to the RFE..