Can I file I-485 & I-130 concurrently and submit Medical exam later?

Asked over 1 year ago - Boston, MA

My I-485 and I-130 files are ready. I need to file ASAP but Medical exam will take long and if I wan tto wait for that will delay things. Can I file now and submit the medical exam at my interview? or it will delay my case and RFE will be issued? Tnx

Attorney answers (7)

  1. Kira Gagarin

    Contributor Level 15

    5

    Lawyers agree

    Answered . It is likely that you will get an RFE and cause further delay. Think about consulting with an immigration attorney to make sure everything is done properly. Good Luck.

    Massachusetts Immigration Attorney
    www.gagarinlaw.com
    508 455 4241

  2. Stephen D. Berman

    Contributor Level 20

    3

    Lawyers agree

    Answered . USCIS may accept it, however I never file without attaching the medical. If you need a series of shots, you will risk losing your filing fee.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Irene Vaisman

    Contributor Level 20

    3

    Lawyers agree

    Answered . most likely they will issue an RFE for a medical thus delaying things. Why do you think a medical will take long? its just a few days (I actually know someone here in NY who has a one day turn around).

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. Lynne Rogers Feldman

    Contributor Level 18

    3

    Lawyers agree

    Answered . The medical exam is required for filing. If the delay is getting additional shots in a series that must have a certain lag time between them, see if the doctor will sign the medical anyway and indicate the other shots will be done when medically appropriate.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law
    .

  5. Veronica Tunitsky

    Contributor Level 18

    2

    Lawyers agree

    Answered . You'll likely receive an rfe. It's better to submit a complete packet.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  6. Samuel Patrick Ouya Maina

    Contributor Level 19

    2

    Lawyers agree

    Answered . You may risk further delay if an RFE is issued. i agree with my colleague who suggested enquiring if the doctor will sign the medical and explain that further follow up is necessary.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  7. Aimee R Welch

    Contributor Level 4

    1

    Lawyer agrees

    Answered . I agree that you should do what you can to submit your medical report with the applications. You might consider a different civil surgeon outside of the Boston metro area. We've had pretty good luck with those in Central and Western MA as they aren't quite as busy as those in Boston. You can find a list of civil surgeons at: https://egov.uscis.gov/crisgwi/go?action=office...

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