Wife Pregnant. Unable to file I485

[chan75]

Hi, Now with the Oct'11 bulletin, I am eligible to file for I-485(PD-May 21 '2007-EB2).

We(me & wife) went for GC medical examination yesterday and for my wife the doctor said that he cannot do any TB test and sign the medical record as my wife is pregnant now(7th month).

He did the test for me and I got TB test positive and I went for X-Ray.

In 2007, hoping that we will get the eligibility to file I140 and I485 concurrently, we went through the medical examination and we both got the TB test positive and we went for X-Ray and both the X-Ray results are normal.

Now what are the options available for me?

Do we both need to wait until the baby is born(December is the due date) and file I485?

or

Do I need to file my I485 now and file for my wife later after the delivery?

or

Do I need to ask the doctor to give a letter stating that he cannot do the test for my wife as she is pregnant?

Currently my wife is on her own H1B valid until Sep'2012 and we are from India.

Please share your opinions.

Thanks

[gc485process]

You dont loose anything if you file it without the medicals. at the best they might reject it. If they accept it well and good. Else Probably ask the doctor that no tests can be done as she is pregnant. And send a letter with your attorney mentioning the same. Hopefully USCIS may accept it and request for a RFE at the time of adjudication.

[Belle]

You can do either of the options, but filing together makes the most sense. The USCIS accepts the applications even if one cannot provide full medical report.

[chan75]

I spoke to my lawyer and he said, if there is no medical record(I693), then the USCIS is going to reject the package. Is it true?

Moreover If I apply now and if my GC is approved before filing for my wife later,

will it be a problem for her or me?

I know that earlier in July 2007 USCIS used to accept I485 application without the medical record(I693).

Are they accepting now? Is anyone went through the same scenario.

Please help

Thanks

[indiboy]

Check if you do exception and waiver for your wife by using I-601 form. Refer this form to your attorney.

[Belle]

Medical record is not primary evidence and does not prove her eligbility. My understanding is that you can submit an application without it. However, I think there is a way to submit an incomplete medical evaluation and send additional information later. Your wife is not the only one applying for AOS while pregnant - the USCIS have had literally millions of cases like that. Get another lawyer's opinion.

[Shurap1]

Originally posted by chan75:

I spoke to my lawyer and he said, if there is no medical record(I693), then the USCIS is going to reject the package. Is it true?

Moreover If I apply now and if my GC is approved before filing for my wife later,

will it be a problem for her or me?

I know that earlier in July 2007 USCIS used to accept I485 application without the medical record(I693).

Are they accepting now? Is anyone went through the same scenario.

Please help

Thanks

You can actually file and include the doctor's letter stating that she is pregnant and required vaccinations and tests needs to be delayed until the baby is delivered or in fact baby is being breast feed.

We had similar case in Jun 2007 and later we received RFE to get the medical examinations completed. So file it now with this letter.

[Attorney_6]

The I-485s are supposed to be accompanied by a medical exam and can be rejected without it. Usually, the doctors will simply indicate that a particular test or vaccination is not medically appropriate due to pregnancy, but otherwise complete the exam. Then, the person will get an RFE from the USCIS for the missing test/shot later, but at least the I-485 will get filed.