March 2009 K1 Filer

[FrostyMist 1]

Sooo.....Gardasil anyone?

What a messed up deal this is.

My fiance turns 26 two weeks after the interview.

We are trying anything and everything to not have her take this, "necessary vaccine."

Has everyone else takin this vaccine?

I'm fortunate - being over 29, I don't have to have this one.

Hm, you'd have to look this up to confirm whether I'm right or not, but I seem to recall reading somewhere that you don't *have* to have the vaccines done before the K1 interview. They're needed for adjustment of status, which is why people tend to get them done before the K1 interview. Maybe you can look into it and see if I'm right? Perhaps your fiance doesn't have to have it at all if she's almost 26?

Edited October 11, 2009 by FrostyMist

[jomegared 0]

Sooo.....Gardasil anyone?

What a messed up deal this is.

My fiance turns 26 two weeks after the interview.

We are trying anything and everything to not have her take this, "necessary vaccine."

Has everyone else takin this vaccine?

I'm fortunate - being over 29, I don't have to have this one.

Hm, you'd have to look this up to confirm whether I'm right or not, but I seem to recall reading somewhere that you don't *have* to have the vaccines done before the K1 interview. They're needed for adjustment of status, which is why people tend to get them done before the K1 interview. Maybe you can look into it and see if I'm right? Perhaps your fiance doesn't have to have it at all if she's almost 26?

Yeah this is really starting to stress us out. Especially because we both know that this drug was rushed to market for profit, not to help women.

I cannot find the information stating it as a federal mandate, or a vaccination requirement. If anyone has any information on this, I really could use some help.

She turns 26 2 weeks after the interview, so if the mandate says BETWEEN the ages of 11 and 26 or whatever the ages are, we can argue that it is not necessary.

Other people have said they only need the first shot for the interview, but you are the first to question its validity before the interview. When she called the embassies recommended doctors, they all said she would need it, but I am not convinced.

Any help is always appreciated.

I hope your all on your way.

[Danu 19]

It depends on the embassy, ours will no put you through without having all the required vaccines. If the consulate drs are saying that then thats probably the case at your consulate too. It says between 11 and 26 but shes 26 until she turns 27, so far most of the posts I've seen like this they don't age you out till you hit 27. As for the 1 vaccine, its true from what I have seen that most times people only need to have 1 vaccination as long as they can use the vaccine record for their AOS, I'm not sure if you got RFE'd for a new medical if you would need to have more, but you only need 1 shot to pass your visa interview. I was already thinking about the shot before I found out it was a requirement so I decided to just finish the series.

[jomegared 0]

It depends on the embassy, ours will no put you through without having all the required vaccines. If the consulate drs are saying that then thats probably the case at your consulate too. It says between 11 and 26 but shes 26 until she turns 27, so far most of the posts I've seen like this they don't age you out till you hit 27. As for the 1 vaccine, its true from what I have seen that most times people only need to have 1 vaccination as long as they can use the vaccine record for their AOS, I'm not sure if you got RFE'd for a new medical if you would need to have more, but you only need 1 shot to pass your visa interview. I was already thinking about the shot before I found out it was a requirement so I decided to just finish the series.

Well, that's why I want to SEE the law that says its required. If it says between the ages, she can opt out at 26.

At least that is what one of the drs. was saying. I hope.

[Danu 19]

It depends on the embassy, ours will no put you through without having all the required vaccines. If the consulate drs are saying that then thats probably the case at your consulate too. It says between 11 and 26 but shes 26 until she turns 27, so far most of the posts I've seen like this they don't age you out till you hit 27. As for the 1 vaccine, its true from what I have seen that most times people only need to have 1 vaccination as long as they can use the vaccine record for their AOS, I'm not sure if you got RFE'd for a new medical if you would need to have more, but you only need 1 shot to pass your visa interview. I was already thinking about the shot before I found out it was a requirement so I decided to just finish the series.

Well, that's why I want to SEE the law that says its required. If it says between the ages, she can opt out at 26.

At least that is what one of the drs. was saying. I hope.

Oh for how it ended up on the list, anything that is recommended to the general population (doesn't have to be required just recommended) ends up on immigration requirement lists. She either needs to age out, take 1 dose or fill out a waiver based on..moral grounds? I think thats what it was...but that has a chance to be denied. Those are the only options really. I would check with them to see if she ages out at 26 or 27 and then take steps from there.

Let me try to find you the law that did that...it was like 1999 or something that they introduced it.

[Danu 19]

http://www.shusterman.com/vacc.html

The law requires that would-be immigrants be vaccinated against the following diseases: Mumps, measles, rubella ("German measles"), polio, tetanus and diphtheria toxoids, pertussis, influenza type b, hepatitis B, and any other "vaccine preventable" diseases that may be recommended by the Advisory Committee for Immunization Practices (ACIP) of the Center for Disease Control and Prevention (CDC). The ACIP guidelines also include varicella, haemophilus influenza type B and pneumococcal vaccines.

[jomegared 0]

It depends on the embassy, ours will no put you through without having all the required vaccines. If the consulate drs are saying that then thats probably the case at your consulate too. It says between 11 and 26 but shes 26 until she turns 27, so far most of the posts I've seen like this they don't age you out till you hit 27. As for the 1 vaccine, its true from what I have seen that most times people only need to have 1 vaccination as long as they can use the vaccine record for their AOS, I'm not sure if you got RFE'd for a new medical if you would need to have more, but you only need 1 shot to pass your visa interview. I was already thinking about the shot before I found out it was a requirement so I decided to just finish the series.

Well, that's why I want to SEE the law that says its required. If it says between the ages, she can opt out at 26.

At least that is what one of the drs. was saying. I hope.

Oh for how it ended up on the list, anything that is recommended to the general population (doesn't have to be required just recommended) ends up on immigration requirement lists. She either needs to age out, take 1 dose or fill out a waiver based on..moral grounds? I think thats what it was...but that has a chance to be denied. Those are the only options really. I would check with them to see if she ages out at 26 or 27 and then take steps from there.

Let me try to find you the law that did that...it was like 1999 or something that they introduced it.

This is exactly our moral problem. She is devastated that she is being forced to take this.

What is recommended for the general population, is forced upon immigrants.

What a crock of sh**. If they are forcing it upon my fiance, she might not do it. She will wait a year.

I really hope we can figure this out. I cannot go any longer. Who knows though, maybe she'll do the first shot, but from the sounds of it she is VERY against it.

This is killing us.

[jomegared 0]

So according to the state departments website. It is not required for non-immigrant visa applicants to take the HPV shot before the interview, or even have it before they enter the states. It ONLY matters for the AOS.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

[FrostyMist 1]

This is exactly the sort of thing that makes me feel really frustrated about the whole visa process.

As you said, jomegared: what is recommended for the general public is forced upon us. And what can we do? Sure, we can apply for a waiver, but of what I've heard, these are pretty difficult to get, can lengthen the timeline of visa applications by quite a bit, and are not guaranteed. Plus, they might even cause the visa application to be denied!

Other than that, we can wait until we're of an age where we aren't forced to take them (fortunately, I believe that's where I'm at) or we can simply just take them. But I don't think it's all that fair at all.

*sighs*

My fiance has sent me over his affadavit of support and evidance now. I'm just waiting for it to arrive. Though, with the postal strikes here, I'm hoping that it's not going to get lost or delayed.

I'm also waiting for his letter of intent to arrive (which was posted yesterday) so that I can again write to the embassy about extending the validity of our visa petition.

No idea yet when I'm gong to be ready for the interview. Still waiting for this letter from my doctors. That's being held up because my old doctors haven't even sent my notes over to them (even though they've had three weeks to do so now!) They're supposed to have sent them today, so I'll probably chase that up later in the week and see what's going on.

Once I get my medical letter, I can schedule my medical. Once I have a medical date, I can inform them I'm ready for the interview (assuming papers all come from my fiance by then).

Bah, I hate this waiting.

I'm feeling ill today, so I'm really missing him.

[Danu 19]

So according to the state departments website. It is not required for non-immigrant visa applicants to take the HPV shot before the interview, or even have it before they enter the states. It ONLY matters for the AOS.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

It isnt, but I would check with the embassy in her country, ours will not issue the visa without all the required vaccines done as even though this is a non-immigrant visa, its one with immigrant intent. Its the same reason a lot of consulates check for 125% of the poverty limit when all you need is 100% for the 1st stage..because it is generally accepted you will be doing AOS and they don't want to get you down there and then go..uh...sorry, you don't meet the AOS requirements get out! Not all embassies require the full vaccines prior to the visa issuance but a lot do so I would definately email them to check.

[jomegared 0]

So according to the state departments website. It is not required for non-immigrant visa applicants to take the HPV shot before the interview, or even have it before they enter the states. It ONLY matters for the AOS.

http://travel.state.gov/visa/immigrants/ty...types_2994.html

It isnt, but I would check with the embassy in her country, ours will not issue the visa without all the required vaccines done as even though this is a non-immigrant visa, its one with immigrant intent. Its the same reason a lot of consulates check for 125% of the poverty limit when all you need is 100% for the 1st stage..because it is generally accepted you will be doing AOS and they don't want to get you down there and then go..uh...sorry, you don't meet the AOS requirements get out! Not all embassies require the full vaccines prior to the visa issuance but a lot do so I would definately email them to check.

Yea, you're absolutely right. I then later read that consulates have ultimate authority over the issue.

[jomegared 0]

This is exactly the sort of thing that makes me feel really frustrated about the whole visa process.

As you said, jomegared: what is recommended for the general public is forced upon us. And what can we do? Sure, we can apply for a waiver, but of what I've heard, these are pretty difficult to get, can lengthen the timeline of visa applications by quite a bit, and are not guaranteed. Plus, they might even cause the visa application to be denied!

Other than that, we can wait until we're of an age where we aren't forced to take them (fortunately, I believe that's where I'm at) or we can simply just take them. But I don't think it's all that fair at all.

*sighs*

My fiance has sent me over his affadavit of support and evidance now. I'm just waiting for it to arrive. Though, with the postal strikes here, I'm hoping that it's not going to get lost or delayed.

I'm also waiting for his letter of intent to arrive (which was posted yesterday) so that I can again write to the embassy about extending the validity of our visa petition.

No idea yet when I'm gong to be ready for the interview. Still waiting for this letter from my doctors. That's being held up because my old doctors haven't even sent my notes over to them (even though they've had three weeks to do so now!) They're supposed to have sent them today, so I'll probably chase that up later in the week and see what's going on.

Once I get my medical letter, I can schedule my medical. Once I have a medical date, I can inform them I'm ready for the interview (assuming papers all come from my fiance by then).

Bah, I hate this waiting.

I'm feeling ill today, so I'm really missing him.

Hang in there FrostyMist, and just remember that all the pain and suffering now is what you are building the foundation of your relationship on. I keep telling my girl that a couple months, who knows, maybe even are year are worth the distance and suffering if in the end we are granted a lifetime. Cheer up girly. You're almost done!!

Side note, I hope to see you guys and gals rally behind immigration reform next year!!

[jomegared 0]

So she went to the doctor today, her family doctor not the consulates doctor, and was strongly advised not to take the shot.

She is going to another doctor, I think a state doctor, to get a second opinion. The doctor said she would be writing a sworn statement that because of her age and medical history,

that she should not take the shot. Hopefully that's enough. Either way, she is refusing it at the medical exam. *Sigh* But its her body, her choice.

To help, I am contacting my senator and having them on the line the day of the interview to remind the consulate that according to the law, the vaccinations are NOT required for passing the interview.

Well see how it goes. I spent an hour or two just now reading your other posts on Gardasil Danu. We are going to fight this, and I have a senator willing to help. Fingers crossed, the next month is going to be a battle royal!

[Danu 19]

So she went to the doctor today, her family doctor not the consulates doctor, and was strongly advised not to take the shot.

She is going to another doctor, I think a state doctor, to get a second opinion. The doctor said she would be writing a sworn statement that because of her age and medical history,

that she should not take the shot. Hopefully that's enough. Either way, she is refusing it at the medical exam. *Sigh* But its her body, her choice.

To help, I am contacting my senator and having them on the line the day of the interview to remind the consulate that according to the law, the vaccinations are NOT required for passing the interview.

Well see how it goes. I spent an hour or two just now reading your other posts on Gardasil Danu. We are going to fight this, and I have a senator willing to help. Fingers crossed, the next month is going to be a battle royal!

Nice if she can get a note from her Dr. saying he doesnt think she should get the shot due to medical history of issues with vaccines or whatever that should be good enough. Having a medical reason to not get the shot (allergies etc) is one way to get a waiver and I believe they issue that right at the medical.

[aeb2009 0]

I'm so happy for all you guys. It's good to hear that things are finally starting to improve for some of us stuck in this dreaded limbo.

I can't wait to get done with this and be together with my fiance.

What do you guys think we should do. We haven't gotten anything from them except this email, which seems to suggest that we should just shut-up and wait for another 6 months.

" The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

>

> Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, you may contact us by calling the USCIS National Customer Service Center at 1-800-375-5283. Your patience and cooperation is appreciated.

>

>

>

> If you have any further questions, please call the National Customer Service Center at 1-800-375-5283."

What is that supposed to mean. My fiance went and got an infopass appointment and they told her they don't know anything and we should just wait.

We are in the process of writing a letter to her Senator, anything else we should be doing.

Our lawyers tells us all of this is useless and we should just wait.

Anyone else get a similar email and what did they do?

PS: we got touched on Sept 18 (two days after the email) nothing after that.

I received the same email, and have gotten it actually 3 times. I involved my congressman, and received the same response. Don't get me started on lawyers, they haven't the authority to do anything, that you can't do your self. The only time they really are useful, I believe, is when you are actually in front of a board of immigration appeals, or some other authority in order to argue your case.

After following up with the NCSC via email, I have actually gotten a dialog started with the officer who has taken my emails, and hopefully it will lead somewhere.

Other than that, just waiting..............

I just looked at your timeline, you most definitely are in the same boat as us. What did the officer tell you about the email and its meaning.

The thing that bothers us is that we have not even received an RFE or anything yet. It almost seems like that no one has looked at our file yet and that email is is sent to justify the delay on their end.

I hope that you're case is resolved quickly. Its sad that we are still stuck at this initial phase and still have many more of these government obstacles to go through, just to be with our loved ones.

Whatever you do, no news is good news..... don't assume anything! I did let my mind wander a bit, and thought there were problems, and was trying to figure them out, in order to solve them, but there weren't any...... just "stay the course", and everything will turn out fine.

The officer / congressman / senator basically all got together and said the same thing..... "Pending until background checks are completed"..... IMO: Getting the congressman / senator / dialog with CSC officer involved did nothing for my case, and it was just going to run its course, and get approved when the background checks were completed.

BTW: NOA2 as of 10/15/09 ...... USCIS website still showing RFE status of 7/17/09... no email / text message....... just received a hard copy in the mail yesterday that the petition was moving on to the NVC in NH..... Way to take advantage of all that "state of the art" technology!