QUESTION
Will the 3-day tardiness or the current lack of medical exam affect her application for EAD in any way?
Asked on Sep 15th, 2014 on Immigration - Texas
More details to this question:
I am a US citizen. My tourist wife is adjusting status after our marriage and we'll concurrently file our I-130 & I-485 (along with her EAD). We won't be able to submit it until 3 days after her I-94 expires. Our application requirements are complete enough to be filed - a few weeks after this has been mailed to USCIS and before the interview, we're submitting the medical exam report and letters from third parties as additional evidence. Will the current lack of medical exam lead to RFE (request for evidence) despite the fact that it can be submitted during the interview? Thank you!
4 ANSWERS
It cannot be submitted at the interview; it must be submitted before the interview. You can either wait to submit it even if it is past the i-94 expiration date or you can submit the packet without it and then supplement the filing when you get the RFE.
Answered on Sep 23rd, 2014 at 1:57 AM
Bruce A. Coane
It used to lead to an RFE, but now under the new 1yr rule for medical exams, hopefully it won't.
Answered on Sep 18th, 2014 at 10:30 AM
First, if you are a US citizen, the gap in your wife's status will not affect her AOS process. As to the medical exam: recently the rules regarding its submission have changed. Please check USCIS website for more information.
Answered on Sep 17th, 2014 at 11:35 AM
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USCIS will issue a request for evidence to get the medical from you. You should wait until you receive this before submitting your medical and letters. Otherwise, they will be lost.
Answered on Sep 17th, 2014 at 10:49 AM