Dilemma or Conundrum of I693 Medical with 485 or after 485 filing

[vedu]

I see your PD is current since April. By any chance did you receive your medical RFE yet?

Yes, my PD became current on April 1st, received the RFE on April 14th, responded to it in two weeks, and got the GC approved within a day of USCIS receiving the RFE response (May 4th).

Once you receive an RFE, you need to respond to it ASAP before they forget your case again. That is the surest way to get a quick approval. That's why I even fired my lawyer and did everything on my own (I485J, Medical). If the lawyer would have gotten involved, then I wouldn't have been able to respond to the RFE so quickly.

[vsivarama]

I suppose the ideal thing would be to send the medicals with a premium processing request if my I-140 EB3 downgrade is not processed by then.

This is the worst strategy. I140 has nothing to do with medicals. Medicals is for your i485 request. If you are thinking USCIS will connect the dots and insert your medicals in the right files, then clearly your experience with USCIS has been something very different to the majority of the folks. I would be very surprised if the officer who approves your i140 is also in charge of your i485. Instead of having all this back and forth discussion about the medicals it just boils down to this. Are you willing to risk a few $$ in an effort to proactively interfile your medicals (which can be a hit or miss)? If not then it's best to wait for an RFE. No amount of strategizing is going to give you a sure shot edge.

[Zenzone]

Yes, my PD became current on April 1st, received the RFE on April 14th, responded to it in two weeks, and got the GC approved within a day of USCIS receiving the RFE (May 4th).

Once you receive an RFE, you need to respond to it ASAP before they forget your case again. That is the surest way to get a quick approval. That's why I even fired my lawyer and did everything on my own (I485J, Medical). If the lawyer would have gotten involved, then I wouldn't have been able to respond to the RFE so quickly.

Nice! That's good news.

[rsnake]

https://www.uscis.gov/i-693

You (not the civil surgeon) must submit your Form I-693 to USCIS. If you are applying for adjustment of status, you may submit Form I-693:

* By mail with your Form I-485, Application to Register for Permanent Residence or Adjust Status, to the location specified for your Form I-485 (see Direct Filing Addresses for Form I-485).
* By mail after filing your Form I-485 to the location specified in your most recent communication with USCIS (for example, a Request for Evidence letter from USCIS).
* In person at an interview in a USCIS field office (if an interview is required).
To ensure your medical examination results are still valid when we adjudicate your associated benefit application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a Request for Evidence, or attend an interview (if applicable). NOTE: The Form I-693 must be dated no earlier than 60 days before you filed your underlying application.

Note that there is a gray area here that's interpreted differently by different lawyers. Say you submitted without medicals on Oct 30,2020. And you get your medicals done on March 1st 2020 without getting an RFE. Instead of sending medicals, you just keep it with you without sending it. You get an RFE on June 1st, i.e 90 days after doctor's signature. Now if you send those medicals, are they valid? According to the quoted rules above, it does not seem to be prohibited. One popular attorney says they recommend for this not to happen and that you should send them to USCIS within 60 days of signature..

[vedu]

Note that there is a gray area here that's interpreted differently by different lawyers. Say you submitted without medicals on Oct 30,2020. And you get your medicals done on March 1st 2020 without getting an RFE. Instead of sending medicals, you just keep it with you without sending it. You get an RFE on June 1st, i.e 90 days after doctor's signature. Now if you send those medicals, are they valid? According to the quoted rules above, it does not seem to be prohibited. One popular attorney says they recommend for this not to happen and that you should send them to USCIS within 60 days of signature..

That's exactly how I would think. Play it safe. Act on the side of caution, do a clean job, and get your approval quickly. You never know how each adjudicating officer interprets the rule. If he/she rejects your medical erroneously and decides to send you an RFE, you won't be there to show him the rule book.

[rsnake]

In the case of an RFE after pre-emptively sending medicals, can't we resend the Form 693 that was already sent pre-emptively?

No. The doctor signs and seals the medicals, and they will give you only one envelope to send to USCIS, they sign across the seal. They might give you a personal xerox copy sometimes which cannot be sent to USCIS.

Advice for people with pending medicals

My advice to people trying to do this is to call and ask the clinic if they give you a discount if you need medicals again within a few months. Someone posted that one doctor's policy is that they only charge $50 if medicals need to be refreshed within a year of the first examination.

For others who want to wait till RFE, even if you are not going to send the medicals, go to the doctor, explain the situation, and get the vaccinations and antibody tests. Ask for documentation that you got them so you can use it later even with a different doctor. Sometimes people do that anyway normally so that they can get vaccinated and/or get antibody tests at CVS which can be much cheaper than at doctor's office and they show proof to the doctor later. This way when you do get the RFE you can get medicals very fast, maybe even within a few days to a week.

[abcx13]

This is the worst strategy. I140 has nothing to do with medicals. Medicals is for your i485 request. If you are thinking USCIS will connect the dots and insert your medicals in the right files, then clearly your experience with USCIS has been something very different to the majority of the folks. I would be very surprised if the officer who approves your i140 is also in charge of your i485. Instead of having all this back and forth discussion about the medicals it just boils down to this. Are you willing to risk a few $$ in an effort to proactively interfile your medicals (which can be a hit or miss)? If not then it's best to wait for an RFE. No amount of strategizing is going to give you a sure shot edge.

Thanks! So it seems consensus on here is to wait for RFE to file medicals if you didn't file pre-emptively with I485 filing. I guess I will do that, which is what I suspect my attorney would recommend also.

[srimurthy]

New thread to keep all the medical submissions discussion together

[vedu]

My advice to people trying to do this is to call and ask the clinic if they give you a discount if you need medicals again within a few months. Someone posted that one doctor's policy is that they only charge $50 if medicals need to be refreshed within a year of the first examination.

I suppose that will work, but personally, I won't even take that risk. The doctor may give you another sealed envelope for $50, but he won't change the dates on the form on which you were examined, and he may have examined you four/five months ago. A typical doctor has lots of patients to check on a daily basis, and you shouldn't expect him to spend significant amount of time fixing/correcting everything in the revised form. So, you yourself should make things as easy as possible for everybody assuming they all are error-prone.

[beagle]

Thanks beagle. What do you mean by you are within the 60 day window ( If you think you are within the 60 day window (I-693 must be signed within 60 days of applying), get the I-693 ready. If you waste $$, so be it and don't think about it.)?

Say, you are going to file AOS in October 2021. First talk to your attorney when they plan to submit your application. Say, the expected date in October you are filing is D1. Now the doc should sign and seal your I693 report between (D1 - 60) and (D1). I don't know if USCIS considers only working days and excludes Sat/Sun. So to be really safe, I would go with date range (D1 - 30) and (D1). Then find the USCIS approved doc who can get the report to you. Get up-to-date on any missing vaccine shots/blood tests starting from (D1-30). Then very close to D1, ask your doc to provide you the signed/sealed I-693 which you've to ship to your attorney to send it along with the AOS packet. Also, get a digital scan of the I-693 report for you to check if the doc did sign and date things properly.

Again, the main objective is NOT to get an RFE for medicals in this long painful process causing more delays. You need to maximize your GC chance in these once in a blue moon VB bulletins. The only thing you should expect from USCIS is an appointment letter for your BioMetrics (BM). Thats it. Once you are done with BM it will kick start the FBI background check on your profile. And very soon, you will be Documentarily Qualified with an FBI clearence ready to be painted green.

1) File your AOS asap and don't wait until the last few days of the month.
2) File your AOS with I-693.
3) Ignore anyone who says you can send I-693 after filing and without an RFE.

[idliman]

Many of folks, who filed I-485 in October 2020, did not send their I-693 (medical) forms. It may be worthwhile to send the I-693 (a.k.a. interfile or interfiling) now to attach to the existing I-485 application. Doing so will allow the Adjudicating Officer (AO) to simply approve your I-485 without sending a RFE for I-693 which will delay GC by 3+ months. This guide is for interfiling your I-693 to an existing I-485 application.

What is Interfiling?
Interfiling (commonly used for transfer of underlying basis [FB (I-130) to EB (I-140), EB to FB, switching primary and derivative in an EB petition, etc.,]) is a catch-all method to submit additional material (or evidence) to either update or make changes to your existing application (or form) with USCIS. This is typically used for situations that USCIS does not have a standard form to address.

Typical convention is that interfiling is done only when the priority date (or FA) is current (although there is no restriction on sending it before your FA is current). However, USCIS takes action only when the PD is current. The USCIS lock-box contractor will simply scan, interfile and connect correspondence with corresponding (alien) file and update systems. The contractor is required to interfile no later than close of the fifth business date following request being received in the Service Center.

The USCIS service center should receive your interfile I-693 request within 60 days of signature by the doctor. Otherwise, the I-693 automatically becomes invalid. Make sure that you send the signed copy of the letter and supporting material to the correct service center.

Risks:

1. The criteria for interfiling are not written in any section of INA (law) or agency rule. It is purely an administrative procedure and is only described in USCIS Service Manual (SM) or memos or other communication by USCIS. The decision to grant any particular type of interfiling request is discretionary, and not guaranteed.
2. USCIS most likely will not acknowledge the fact of the interfiling an I-693 to an existing I-485 request. You will not know what happened to your correspondence till your GC is approved by USCIS or an RFE is sent. You are essentially sending your communication to a black box.
3. Interfiling I-693 to an existing I-485 will only help those folks whose files are complete and pre-adjudicated (example 2012 filers). If USCIS is going to send an RFE for Birth Certificate or I-485 Supp J portability, you will not save any time by proactively interfiling I-693.
4. If your file is with an AO, the lockbox contractor may have to recall the file to interfile your I-693. After that, what happens to the priority of your file is anybody's guess. In the five business days (max) it takes the contractor to fulfill the interfile correspondence, if an AO send an I-693 RFE, the outcome is undefined.

Advantages:

1. I-485 instructions from USCIS states, "Because of the time-limited validity of Form I-693, you may choose to submit your Form I-693 after you file your Form I-485.". Hence, interfiling I-693 is acceptable at any time.
2. IMO, this is a true and tested method that exists for at least last 15 years or so. USCIS internally uses "Interfile" to attach any piece of paper to an existing application file. If you take a look at the Dutch actor Rutger Hauer's FOIA file from USCIS (Google), you would see "interfile".
3. USCIS SM clearly says the things one should do to transfer an underlying basis (or interfile). Hence it is official. Also official memos allow investors to interfile a package of amended documents related to the regional service center.
4. There is a good chance that the interfiling request will be approved for attaching I-693 to an existing I-485, as this serves USCIS's interests of efficiency. It also facilitates the applicant's goal of obtaining permanent residence by saving time, effort, and multiple filing fees.

Disclaimer: I am not an attorney. Whatever I have expressed above is based on my understanding of the process. For full disclosure I recently obtained by GC and have not personally tried the process. I am not responsible for any effects (postitive or negative) on your application because of the above procedure.

[idliman]

August 7, 2018
To
USCIS
----- Service Center

Sub: Request to Interfile I-693 Medical Report to Pending Form I-485 (Adjustment of Status)
[A# 231-010-000]
Dear Sir/Madam,
My Adjustment of Status (I-485, Receipt # SRC100000005) application is pending. The visa numbers for my category (EB2-India) are current for my priority date according to the most recent Department of State Visa Bulletin.
I request you to interfile my I-693 (Report of Medical Examination and Vaccination Record) form signed by the Civil Surgeon to the pending form I-485.
I am enclosing the following documents in support of my request:

• Copy of I-797C, Notice of Action, Receipt of filing I-485
• Sealed I-693 Medical Report signed by the Civil Surgeon
• Copy of driver's license (North Carolina)
• Copy of passport's biographic pages

Kindly approve my request to interfile and connect this correspondence to the corresponding file.
If you have any questions or need additional information concerning the above, please do not hesitate to contact me. Thank you in advance for your kind attention in this matter.
Sincerely,

First LAST
1000 Pruce Lane, Concord, NC 28261
Cell 000-100-2001
Email: whatis@who.com

Here's the PDF of the above Request interfile_i-693_to_existing_I-485_sample.pdf.

[abcx13]

Many of folks, who filed I-485 in October 2020, did not send their I-693 (medical) forms. It may be worthwhile to send the I-693 (a.k.a. interfile or interfiling) now to attach to the existing I-485 application. Doing so will allow the Adjudicating Officer (AO) to simply approve your I-485 without sending a RFE for I-693 which will delay GC by 3+ months. This guide is for interfiling your I-693 to an existing I-485 application.

What is Interfiling?
Interfiling (commonly used for transfer of underlying basis [FB (I-130) to EB (I-140), EB to FB, switching primary and derivative in an EB petition, etc.,]) is a catch-all method to submit additional material (or evidence) to either update or make changes to your existing application (or form) with USCIS. This is typically used for situations that USCIS does not have a standard form to address.

Typical convention is that interfiling is done only when the priority date (or FA) is current (although there is no restriction on sending it before your FA is current). However, USCIS takes action only when the PD is current. The USCIS lock-box contractor will simply scan, interfile and connect correspondence with corresponding (alien) file and update systems. The contractor is required to interfile no later than close of the fifth business date following request being received in the Service Center.

The USCIS service center should receive your interfile I-693 request within 60 days of signature by the doctor. Otherwise, the I-693 automatically becomes invalid. Make sure that you send the signed copy of the letter and supporting material to the correct service center.

Risks:

1. The criteria for interfiling are not written in any section of INA (law) or agency rule. It is purely an administrative procedure and is only described in USCIS Service Manual (SM) or memos or other communication by USCIS. The decision to grant any particular type of interfiling request is discretionary, and not guaranteed.
2. USCIS most likely will not acknowledge the fact of the interfiling an I-693 to an existing I-485 request. You will not know what happened to your correspondence till your GC is approved by USCIS or an RFE is sent. You are essentially sending your communication to a black box.
3. Interfiling I-693 to an existing I-485 will only help those folks whose files are complete and pre-adjudicated (example 2012 filers). If USCIS is going to send an RFE for Birth Certificate or I-485 Supp J portability, you will not save any time by proactively interfiling I-693.
4. If your file is with an AO, the lockbox contractor may have to recall the file to interfile your I-693. After that, what happens to the priority of your file is anybody's guess. In the five business days (max) it takes the contractor to fulfill the interfile correspondence, if an AO send an I-693 RFE, the outcome is undefined.

Advantages:

1. IMO, this is a true and tested method that exists for at least last 15 years or so. USCIS internally uses "Interfile" to attach any piece of paper to an existing application file. If you take a look at the Dutch actor Rutger Hauer's FOIA file from USCIS (Google), you would see "interfile".
2. USCIS SM clearly says the things one should do to transfer an underlying basis (or interfile). Hence it is official. Also official memos allow investors to interfile a package of amended documents related to the regional service center.
3. There is a good chance that the interfiling request will be approved for attaching I-693 to an existing I-485, as this serves USCIS's interests of efficiency. It also facilitates the applicant's goal of obtaining permanent residence by saving time, effort, and multiple filing fees.

Disclaimer: I am not an attorney. Whatever I have expressed above is based on my understanding of the process. For full disclosure I recently obtained by GC and have not personally tried the process. I am not responsible for any effects (postitive or negative) on your application because of the above procedure.

Idli - thanks so much for generously posting this despite already having received your GC.

Including a link to this Trackitt thread on Fragomen re-evaluating later this week whether medicals should be interfiled.

https://www.trackitt.com/usa-discuss...ulletin/page/2

My company used Fragomen but later had to fire them because they made too many stupid mistakes, so take their guidance for what it's worth, but if they or AILA suggest preemptively interfiling medicals now (perhaps based on some discussion with USCIS), I think it probably makes sense to do so if you are current or about to get current.

[idliman]

Idli - thanks so much for generously posting this despite already having received your GC.

Including a link to this Trackitt thread on Fragomen re-evaluating later this week whether medicals should be interfiled.

https://www.trackitt.com/usa-discuss...ulletin/page/2

My company used Fragomen but later had to fire them because they made too many stupid mistakes, so take their guidance for what it's worth, but if they or AILA suggest preemptively interfiling medicals now (perhaps based on some discussion with USCIS), I think it probably makes sense to do so if you are current or about to get current.

If it is me, I would wait till the FA is current and interfile I-693 on the first day of the month (in TSC). I don't see any issues with it. In the worst case, you might lose $350. In the broad scheme of things, it is worth it. If you are NSC, you don't have to do it. They were very active the last time I looked. Good Luck.

[abcx13]

If it is me, I would wait till the FA is current and interfile I-693 on the first day of the month (in TSC). I don't see any issues with it. In the worst case, you might lose $350. In the broad scheme of things, it is worth it. If you are NSC, you don't have to do it. They were very active the last time I looked. Good Luck.

My application is at NSC but I think I will interfile medicals when FAD is current.

P.S. - I'm not sure how active NSC (Lincoln) is because I still haven't received anything for my concurrent I140/485 downgrade filing from October and I'm past the case processing time on the USCIS website. On Trackitt it seems most people from late October in my situation also haven't received anything.

[gsingh]

Idli - thanks so much for generously posting this despite already having received your GC.

Including a link to this Trackitt thread on Fragomen re-evaluating later this week whether medicals should be interfiled.

https://www.trackitt.com/usa-discuss...ulletin/page/2

My company used Fragomen but later had to fire them because they made too many stupid mistakes, so take their guidance for what it's worth, but if they or AILA suggest preemptively interfiling medicals now (perhaps based on some discussion with USCIS), I think it probably makes sense to do so if you are current or about to get current.

Can the applicants interfile on their own or does it need to go through the employer ?

[Zenzone]

If it is me, I would wait till the FA is current and interfile I-693 on the first day of the month (in TSC). I don't see any issues with it. In the worst case, you might lose $350. In the broad scheme of things, it is worth it. If you are NSC, you don't have to do it. They were very active the last time I looked. Good Luck.

Idli - Do you mean don't bother interfiling Medicals if your application is in NSC?

[Zenzone]

Can the applicants interfile on their own or does it need to go through the employer ?

Great question. I was about to ask the same thing. Can anyone with experience with this weigh in please?

[idliman]

Can the applicants interfile on their own or does it need to go through the employer ?

You will do it yourself. Company or attorneys are not involved. This a DIY guide similar to our EAD/AP renewal DIY Guide.

[idliman]

Idli - Do you mean don't bother interfiling Medicals if your application is in NSC?

As NSC is sending RFEs proactively you may not need to do it. It all depends on your PD and where NSC is with processing. I have not followed recent tracking spreadsheets. So you have to make a decision yourself.

I thought long and hard about the risks and the above are the ones that I could come up with. If others have more concerens about interfile please share.

Zen: Somewhat crazy week at work. Later in the week, I will have more time to read and reply.

[gsingh]

You will do it yourself. Company or attorneys are not involved. This a DIY guide similar to our EAD/AP renewal DIY Guide.

Thanks idliman.

[longwaitgigu]

Amazing post idliman
As usual your post are best and thankyou for helping us out.
I have question for you.
What would you recommend for MSC- NBC
I have been current since May 1st
No medical RFE yet
Should I go ahead and interfile medicals?
My I 140 is approved 10 years ago and also send I 485j
With same emp

[Zenzone]

As NSC is sending RFEs proactively you may not need to do it. It all depends on your PD and where NSC is with processing. I have not followed recent tracking spreadsheets. So you have to make a decision yourself.

I thought long and hard about the risks and the above are the ones that I could come up with. If others have more concerens about interfile please share.

Zen: Somewhat crazy week at work. Later in the week, I will have more time to read and reply.

Thanks Boss!

[may2011]

Hello,

My PD is May 2011, and I was not able to submit medicals in Oct 2020. I am planning to get the required vaccinations and get their documentations. My aim is to be ready with all the documents so I get reply quickly to the RFE if and when USCIS sends it. I am following this website for the required vaccinations https://www.uscis.gov/tools/designat...n-requirements

Are there any other tests (other than those mentioned by USCIS) required for medicals?

TIA

[idliman]

Amazing post idliman
As usual your post are best and thankyou for helping us out.
I have question for you.
What would you recommend for MSC- NBC
I have been current since May 1st
No medical RFE yet
Should I go ahead and interfile medicals?
My I 140 is approved 10 years ago and also send I 485j
With same emp

You can interfile. It is a proven method, but because it is a black box, be prepared to lose $350 in the worst case. But please please make sure that you have the correct service center.
Good luck.