Vaccination waiver question

[Forged 15]

Hello,

 

We are in the process of having my fiance immigrate from the Philippines. Assuming we get approval to move ahead in the process, the next step would be the medical review/vaccinations. We would have had vaccinations as a kid, but she has no paperwork for any of it.

 

I am not going to get into a debate on pro or anti-vaccinations - I am just wondering if anyone has successfuly requested to not have vaccinations for religious reasons. I heard of one person getting a waiver, but that was well over a decade ago. Is this still a possibility? Did you do this successfully? If yes, how? What is the process?

 

Any advice or feedback is appreciated.

 

 

[Lemonslice 4,834]

She can get titer tests to document her immunity. Much easier than a waiver.

[payxibka 10,045]

40 minutes ago, Forged said:

Hello,

 

We are in the process of having my fiance immigrate from the Philippines. Assuming we get approval to move ahead in the process, the next step would be the medical review/vaccinations. Se would have had vaccinations as a kid, but she has no paperwork for any of it.

 

I am not going to get into a debate on pro or anti-vaccinations - I am just wondering if anyone has successfuly requested to not have vaccinations for religious reasons. I heard of one person getting a waiver, but that was well over a decade ago. Is this still a possibility? Did you do this successfully? If yes, how? What is the process?

 

Any advice or feedback is appreciated.

 

 

Vaccinations are a part of the Visa medical and are included in the fee

[geowrian 22,337]

They can test for existing immunities and apply the necessary vaccinations from there. SLEC's medical fee covers the cost.

For a K-1, technically vaccinations are not required. But they are easier and cheaper than obtaining them once in the US when you file for AOS.

There's no good reason for those who are able to get the vaccinations abroad to not do so (exceptions are those with allergies, pregnancies, etc.).

 

Is it possible to complete the entire process with a waiver on religious grounds? Yes...but it's pretty difficult and expect it to considerably delay the process as it needs to go through review by the CDC and such.

[Roel 7,192]

Does she really have a religious reason or does just not want to get shots?

 

Either way she can get it in her country  before K1 is issued or she'll be forced to do it in the US before AoS.  Imagine that the government actually worries about diseases immigrants might bring to the US. Not sure why you guys want to make this process more difficult for yourself. 

[Pitaya 2,577]

In light of the recent spike in nationwide incidence of cases of measles, and the accompanying increased scrutiny for the reasons behind this increase. Add to that the US House of Representatives recently passed House Resolution 179, encouraging increased population vaccination, and finally,   that there are currently over 100 bills in 30 state legislatures speaking about increasing vaccination rates. The likelihood of obtaining an exemption from vaccination for usual communicable diseases my be slim.

 

YMMV.

[Forged 15]

To answer your question, yes, it is a religiously held belief. She is not trying to simply evade vaccines.

 

It sounds like she could come here on the k1, and then request a waiver during the aos process. They do allow waivers for truly held religious beliefs, though the aos process might take longer. Either way, she'd have to wait here during the aos approval process, correct?

 

The danger is that they could choose to deny the waiver, in which case I am not sure what would happen (she returns home, and then?)

[Ontarkie 14,218]

Religious waivers are very difficult to get. Being that she has a history of having her vaccines that adds another hurdle. 

Since she had her vaccines tell her to get the titres test done. If it shows she has all the required shots problem solved. 

If you wait and do the waiver state side you will have a much bigger hurdle to climb. Providing proof of her Religion being against vaccines and many many are not it is just a few from those groups that are but their Religion are actually not against vaccines. Do your research before going down this path. It's not easy and refusing to get the shots after a waiver denial will result in AOS denial. 

[geowrian 22,337]

1 hour ago, Forged said:

To answer your question, yes, it is a religiously held belief. She is not trying to simply evade vaccines.

 

It sounds like she could come here on the k1, and then request a waiver during the aos process. They do allow waivers for truly held religious beliefs, though the aos process might take longer. Either way, she'd have to wait here during the aos approval process, correct?

 

The danger is that they could choose to deny the waiver, in which case I am not sure what would happen (she returns home, and then?)

Mind if I ask what religion/sect it is? My wife was trying to think of which religions are prevalent in the Philippines where that applies and I honestly came up empty.

 

If the waiver is denied and she refuses to get the vaccinations, they cannot approve AOS and she will become unlawfully present with no way to gain legal status (without agreeing to the vaccinations).

[SalishSea 17,818]

Just start by having antibody titers drawn.   So much easier than any type of waiver.

 

Is she also opposed to TB toxin skin testing?  I thinking coming from PI, that would be a hurdle.

[Pitaya 2,577]

As others have said, suggest that she gets the serological antibody titer tests done for those communicable diseases vaccinations mandated by the CDC.

 

https://www.cdc.gov/immigrantrefugeehealth/laws-regs/vaccination-immigration/revised-vaccination-immigration-faq.html#newcriteria

 

[Forged 15]

7 hours ago, geowrian said:

Mind if I ask what religion/sect it is? My wife was trying to think of which religions are prevalent in the Philippines where that applies and I honestly came up empty.

 

If the waiver is denied and she refuses to get the vaccinations, they cannot approve AOS and she will become unlawfully present with no way to gain legal status (without agreeing to the vaccinations).

Certainly! I do not mind answering questions, I just do not want to get into a debate on whether people should get vaccine. Or a debate on religion. That would get heated quick, on all sides. Just looking at the legal options available. So, having said that...

 

She is messianic. So am I. This means she follows the entire bible, beginning to end. She believes that Jesus (Yeshua) is the messiah, but does not believe he did away with the old testament. So she practices the Saturday Sabbath, eats biblically clean (no pork, shrimp, etc.). The religious issue with vaccines are all the unclean things in them that we are not supposed to put in our bodies. The tough part for her is that she converted roughly 2 years ago, so she's relatively new. She was a baptist before that.

 

I have done a bit of reading so far, though not near enough. It seems that a person does not *need* a church statement or stance to claim a religious waiver. A person can have personal views but they *must* be sincerely held. Having a pastor statement and other people to attest to the belief helps. That is easy to get. It also costs almost a thousand dollars to submit the vaccination-waiver form, so it's pretty pricey with no guarantee.

 

[SalishSea 17,818]

2 hours ago, Forged said:

Certainly! I do not mind answering questions, I just do not want to get into a debate on whether people should get vaccine. Or a debate on religion. That would get heated quick, on all sides. Just looking at the legal options available. So, having said that...

 

She is messianic. So am I. This means she follows the entire bible, beginning to end. She believes that Jesus (Yeshua) is the messiah, but does not believe he did away with the old testament. So she practices the Saturday Sabbath, eats biblically clean (no pork, shrimp, etc.). The religious issue with vaccines are all the unclean things in them that we are not supposed to put in our bodies. The tough part for her is that she converted roughly 2 years ago, so she's relatively new. She was a baptist before that.

 

I have done a bit of reading so far, though not near enough. It seems that a person does not *need* a church statement or stance to claim a religious waiver. A person can have personal views but they *must* be sincerely held. Having a pastor statement and other people to attest to the belief helps. That is easy to get. It also costs almost a thousand dollars to submit the vaccination-waiver form, so it's pretty pricey with no guarantee.

 

Are medicines and treatments for diseases also refused?  Genuinely curious.

[Forged 15]

1 hour ago, Jorgedig said:

Are medicines and treatments for diseases also refused?  Genuinely curious.

No, we are not against medicine or hospitals or anything like that. If we need care, we get care. I do not see anything in the bible that is against medical care or medicines in general, and I am quite grateful for the doctors who have saved my dad's life from both cancer and a heart attack.

[Forged 15]

We are seeking a K1 visa. We have approval to schedule the medical exam/visa interview. I am looking ahead at the next steps and know we are going to file the I-601 for a vaccine waiver.

 

Does anyone have an experience on when we can actually file the I-601 or what this process looks like? For example, do we have to wait for her to come here, file the AOS - get denied and then we apply for the I-601? If yes, does that mean she would have to fly back to the Philippines while we wait for the I-601 approval, and then we have to reapply (I believe it's a form I-212) for admission?

 

Or, would she get to wait in the States while we file the I-601?

 

Or, can we file the I-601 ahead of time and present it at the AOS interview? If yes, when?

 

Any help is appreciated! I cannot find much info on the timing of how these events play out or how to best navigate this.

 

Thank you!