Medical Exam Not Usually Required for Adjustment of Status From K-1 Fiancee Visa

medical-examMedical examinations are not normally required for Adjustment of Status if the applicant received a medical examination prior to admission as a K nonimmigrant. There are many different sources to look up this information. I have provided a few sources below.

http://www.uscis.gov/green-card/green-card-through-family/green-card-through-special-categories-family/k-nonimmigrant

If you received a medical examination prior to admission as a K nonimmigrant, then you are not required to have another medical examination at time of adjustment as long as:

    • Your Form I-485 is filed within 1 year of your overseas medical examination
    • The medical examination did not reveal a Class A medical condition
    • If you did have a Class A medical condition, you received a waiver of inadmissibility and you have complied with the terms and conditions of the waiver.

Even if a new medical examination is not required, you still must show proof that you have complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original, overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit Part 1, Information About You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon’s Certification, of Form I-693 (in an envelop sealed by the civil surgeon). Please see the instructions for Form I-693 for further information.

http://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf

Fiancé(e)s: If you are a K-1 fiancé(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiancé(e) visa, you only need to submit a vaccination supplement, not the entire medical report. You may include the vaccination supplement with your Form I-485.

http://www.cdc.gov/immigrantrefugeehealth/pdf/2009-ti-vaccination.pdf

Reviewing any incomplete vaccination series to determine if eligible for a blanket waiver.

A blanket waiver is a waiver that is applied uniformly to a group of conditions and does not require a separate waiver application or fee to be filed with USCIS. In many cases, it might not be medically appropriate to administer a dose of a particular vaccine. Five “Not Medically Appropriate” categories are acceptable when determining an applicant’s eligibility for a blanket waiver.

The Five “Not Medically Appropriate” Categories Are:

1. Not age appropriate

For each vaccine for which administration is not age appropriate, the “Not age appropriate” waiver box must be checked. For all applicants, this box will need to be checked for at least one vaccine. For example, infants and adults do not need meningococcal vaccine, and adults do not need Hib vaccine.

2. Insufficient time interval between doses

If the minimum time interval between the last documented dose and the next required dose has not passed, the “Insufficient time interval” waiver box for that vaccine must be checked. If administration of the single dose of a vaccine at the time of the medical examination does not complete the series for that vaccine, the “Insufficient time interval” waiver box must be checked to indicate that additional doses will be needed to complete the series for that vaccine.

3. Contraindication

If an applicant has contraindications to specific vaccines, the “Contraindication” waiver box for that vaccine must be checked.

4. Not routinely available

When the required vaccine is not licensed or not routinely available in the country where the medical examination is performed, the “Not routinely available” waiver box must be checked.

5. Not fall (flu) season

Influenza vaccine is required during the influenza (flu) season in the country of examination. The flu season usually occurs during fall and continues through early spring in temperate areas, where influenza activity peaks from December to March. Influenza occurs throughout the year in tropical areas. The influenza vaccine might be available only during the flu season in the country of examination. Therefore, if that is the case, the “Not fall (flu) season” waiver box must be checked at other times of the year.



Disclaimer: The information herein is not intended as legal advice and is provided for general information only.Questions involving interpretation of specific U.S. laws should be addressed to an attorney and/or government officials.

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