RFE for medical but no old medical forms along with it

[Pathik]

Hi guys,

Got RFE for wife for medical, as she was pregnent when we applied for I485 so she did not get MMR.
Problem is that We did not get the old medical form, which generally comes with RFE for medical.

Do you have any idea if we would need to redo the whole medical or just the MMR?
Has anybody had in the similar situation?

Thanks in advance,
Pathik

RD/ND - Feb'02
2nd FP - Dec'03

 

[chq]

It's exactly what happened to my wife. The first RFE said that the orignal medical record was sent back with the notice, however it wasn't . My attorney wrote to the USCIS about it. Today on line status shows that a new RFE was issued. I guess that it will be coming with the original medical record this time.

Originally posted by Pathik
Hi guys,

Got RFE for wife for medical, as she was pregnent when we applied for I485 so she did not get MMR.
Problem is that We did not get the old medical form, which generally comes with RFE for medical.

Do you have any idea if we would need to redo the whole medical or just the MMR?
Has anybody had in the similar situation?

Thanks in advance,
Pathik

RD/ND - Feb'02
2nd FP - Dec'03

 

[Pathik]

Thanks for reply.

We went to Dr today. I asked her to copy the old info from her record but she said no she can't do it because info was too old.

according to dr only supplemental page was enough, but we opted to do the full medical again, just to be safe.

 

[chq]

Re: Re: RFE for medical but no old medical forms along with it

Originally posted by chq
It's exactly what happened to my wife. The first RFE said that the orignal medical record was sent back with the notice, however it wasn't . My attorney wrote to the USCIS about it. Today on line status shows that a new RFE was issued. I guess that it will be coming with the original medical record this time.

My guess is correct that it's RFE's medical record received by my attorney today.

Pathik,

As per my attorney, you have to wait for the orignal medical record.

 

[Pathik]

why do we need to wait?

Hi chq,

if we are giving all the medical documents,(all that we submitted with the initial application) why should we get the original doc from USCIS? that will dealy the whole process by couple of months. When did you get your first RFE?


I talked to my lawyer and she is fine with submitting full medical again. Afterall original docs were also ours, uscis doesn't need to attest that
Well, different mind different opinions.

BTW, Could you please post your RD?

 

[chq]

Hi chq,

if we are giving all the medical documents,(all that we submitted with the initial application) why should we get the original doc from USCIS? that will dealy the whole process by couple of months. When did you get your first RFE?


I talked to my lawyer and she is fine with submitting full medical again. Afterall original docs were also ours, uscis doesn't need to attest that
Well, different mind different opinions.

BTW, Could you please post your RD?

Pathik,
My RD is 09/12/02.

Just picked the RFE with the original Form I-693 from my attorney. USCIS requsts the Doctor to refer my wife to local health department for TB evaluation since the size of her TB skin test is a little bit bigger (> 5mm) and she didn't have chest X-ray at that time due to pregnancy.

Does anybody have same experience?

 

[Jharkhandi]

Hi everyone,

I have a positive ppd test and as I am pregnant, after delivery I need to get the chest x-ray and have the INH medication for the treatment of TB.

My husband applied for the gc and I am the dependent. If I get an RFE, is it going to affect his I-140 and I-485 process. We are filing thru california. My husband medical is ok, he got it cleared by the physician.
If I get an RFE, is it going to affect mine or my husband's EAD, AP and FP.

Please enlighten me if I am missing something.

Thanks in advance.

Let your husband file along with his medical reports. You can hold it back(file 485 without medical), if you think delivery will not take longer than approval. Visit doctor again and insist on chest x-ray. Most likely you will get it clean. Submit that report as soon as you can. Call doctor's office before visiting and site reason as religious reason(or that you do not feel like being administered PPD etc.). It will be OK.

P.S. Usually it is not advisable to send medical later, but for your case - I can't think of a better modus operandi. In any case with this report you will surely get RFE, so it won't make difference if you get RFE without medical or with medical!

Also if they get the report where INH is suggested - you will be asked to show the proof. It affects your liver in very bad way. Ask your doctor if taking INH can affect your day to day activity too as a mother. Maybe then you will seek your (not so) hostile MIL!

 

[Jharkhandi]

Thanks for the very quick reply. I did not think in this angle. It is a good advice. My due date is on November 8th. It will take a week from now to apply thru CSC.
If I apply without medical, when can I expect my RFE. Once I get an RFE, how much time we can take to send the evidence. Just want to calculate if this process falls after my due or before my due.

Thanks in Advance.

I couldn't stop laughing by seeing your last line. But please remove the last line by editing, as the people who I know personally will be surfing this thread too. Take it easy.

I never suggested that wait till you get RFE. Let me elaborate:

If you get RFE before Nov 08, 2004(Mention year too. With USCIS we cannot think anything is not backlogged ), send your current report.

Once you are free after delivery, get your medical done - don't wait for RFE - just send it. Your lawyer will guide you how to do it! This way you will not lose any time due to RFE on medical.

Your name sounds Bengali. Are you one? If that be the case we can settle thanks for a good lunch/mishti(ofcourse after Nov 2004). Last line cannot be taken out - na baba hobe na!

One more suggestion - relax.

 

[Jharkhandi]

Thanks for the reply. Year and half ago I went to india. I can try to get the records at that time from india. But I came to know that the TB test is valid taken during the last one year. Is it true? please pass some comments.

Please specify which records are we talking about? In any case if PPD is positive you will have to take chest x-ray - there is no way out. And PPD, once positive is always positive(all your life). Just go for chest X-ray and do not mention about PPD to your new doctor.

 

[waiting_0102]

Ananya123, submitting an incomplete medical along with your I-485 should not be an issue if you are pregnant and you are in a position to justify your decisions.

For our case, we didn't know if my wife was pregnant or not (turned out she wasn't) on the day we had our medicals done. Moreover she was in that grey area where any pregnancy test could show a false negative on that day. Anyway, we went and submitted our medicals with missing X-ray (wife had a BCG shot as a kid so there was no point of doing a TB test - it would certainly be +ve) and varicella shot (wife had records of all other shots). However, we had to argue with the doc about the TB test and had printed out a copy of the USCIS guidelines for immigration related medical tests (available from CDC's website). It clearly says in there that an X-ray can be used to prove that you don't have TB even if your test is +ve.

RFE#1 asked us to submit completed medicals when my wife was actually pregnant. Our response was that we couldn't and needed about 9 months after the birth of the baby to complete the requirements. This was based on the fact that there is a risk of transmission for the varicella vaccine to the baby and it's dangerous if a baby 9 months or less gets chicken pox (they get the shot at 12 months). Since we both have sufficient medical backgrounds we sent in a detailed RFE response with enough medical research info (lawyer was pretty stupid - didn't know what to do since normally USCIS gives 90 days to respond to any RFE and denies the case if sufficient info is not available within that time). We were ready to take the USCIS to human rights orgs and the courts if they even thought of denying our case. USCIS phoned my lawyer (RFE#2) at the right time and asked my wife to submit completed medicals which she did. Since it had been quite a while, they issued an RFE for me asking for employment verification. No sweat after that, case was approved immediately.

Don't tolerate any bs from your doc, lawyer or the USCIS. It's your life, stand up for your rights and be very positive and assertive.



Jharkhandi, sorry bud' but you aren't right on this one:

"In any case if PPD is positive you will have to take chest x-ray - there is no way out"

There is. If a woman with BCG is pregnant she can ask for an X-ray waiver. Fact is, the USCIS adjudicators are too illiterate to understand what this means and didn't give us a waiver when they should have.

 

[waiting_0102]

I think you have to find a way to skip PPD. If you have had a BCG shot or a known exposure to TB you might be able to convince the doc not to give you a shot since it will be +ve. Anyway, if your X-ray is -ve I don't think USCIS will ask for anything else. I think you did the right thing by asking the doc not to put in comments. The USCIS adjudicator might have asked for a follow up based on that. Good luck!