Vaccination waiver question

[payxibka 10,045]

1 hour ago, Forged said:

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!

Vaccinations are not required for k1.  Any waiver would be needed for AOS .

 

There is no filing ahead of time,  you cannot file for a waiver until you get a decision or finding that requires one

Edited June 17, 2019 by payxibka

[Forged 15]

3 minutes ago, payxibka said:

Vaccinations are not required for k1.  Any waiver would be needed for AOS 

Right, I'm planning ahead for the AOS...

 

Would I apply for the waiver at the same time I am sending off the AOS application (and therefore, have this ready for the AOS interview)? Or do I have to wait until they deny and then send off the waiver request? (I-601).

[payxibka 10,045]

3 minutes ago, Forged said:

Right, I'm planning ahead for the AOS...

 

Would I apply for the waiver at the same time I am sending off the AOS application (and therefore, have this ready for the AOS interview)? Or do I have to wait until they deny and then send off the waiver request? (I-601).

I think you need a finding of inadmissiblity first

[Forged 15]

4 minutes ago, payxibka said:

I think you need a finding of inadmissiblity first

That's what I was thinking as well...

 

Does that mean she would have to go back to the philippines while I submit the waiver request after being found inadmissible? Or do we have a little leeway for her to stay while working through that? I could not find anything clear on how this works.

[payxibka 10,045]

4 minutes ago, Forged said:

That's what I was thinking as well...

 

Does that mean she would have to go back to the philippines while I submit the waiver request after being found inadmissible? Or do we have a little leeway for her to stay while working through that? I could not find anything clear on how this works.

Leaving would be a bad result.

[Boiler 45,486]

The waive option is a pain, think once twice and a third time before you go that route.

[Cyberfx1024 7,980]

10 minutes ago, Boiler said:

The waive option is a pain, think once twice and a third time before you go that route.

The OP has already had I know at least 1 post concerning this issue. They are looking at refusing any sort of vaccines because they are "poison" on religious grounds. When there is a big measles outbreak here in the USA.  

[Boiler 45,486]

6 minutes ago, Cyberfx1024 said:

The OP has already had I know at least 1 post concerning this issue. They are looking at refusing any sort of vaccines because they are "poison" on religious grounds. When there is a big measles outbreak here in the USA.  

Well everything is poison, begs the question what you can eat and drink, or breathe.

[Forged 15]

2 minutes ago, Cyberfx1024 said:

The OP has already had I know at least 1 post concerning this issue. They are looking at refusing any sort of vaccines because they are "poison" on religious grounds. When there is a big measles outbreak here in the USA.  

You are free to disagree with our reasons and our religious beliefs, but that is not the issue here. Going that route could quickly turn this into an uncivil discussion, so I respectfully ask to keep that out of the thread.

 

We are legally able to request a waiver, and there are many reasons why a waiver might be needed. Therefore, this question could help people. The previous thread ended up focused on whether anyone had success with a waiver, to which the end result is that I'm risking a lot. That's ok, that's my right and my risk.

 

Anyway, this post is specifically asking the timing of when to send the I-601 and how that process works. It looks like it's after the initial denial, but before she goes home - we will have time to submit the waiver and get that ultimate approval/denial before she is sent home? So far, no one seems to have first hand knowledge.

 

Thank you.

[arken 4,197]

My understanding is you can’t file i-601 until you have been found inadmissible at the visa interview if you are seeking a visa interview. While in US, only if you are doing AOS, then you can send i601 along with i485. So i guess your fiance has to appear for K1 interview first, found inadmissible and then only file i601. 

Keep in mind processing time is almost 1 year for i601.

Any idea why you two aren’t marrying and filing for AOS now?

 

 

 

Edited June 17, 2019 by arken

[Forged 15]

16 minutes ago, arken said:

My understanding is you can’t file i-601 until you have been found inadmissible at the visa interview if you are seeking a visa interview. While in US, only if you are doing AOS, then you can send i601 along with i485. So i guess your fiance has to appear for K1 interview first, found inadmissible and then only file i601. 

Keep in mind processing time is almost 1 year for i601.

Any idea why you two aren’t marrying and filing for AOS now?

 

 

 

Well, we heard the fiance visa process was faster than a spousal visa. So, we went the fiance route. At this point, we are prepping for the medical exam and interview for the K1.

 

From what I understand, you can get the K1 without vaccines, but you will need vaccines for the AOS. Are you saying that the K1 visa would be granted, but she'd also be labeled as inadmissable? And then we'd submit the AOS (I485) and waiver (I601) at the same time? In that case, she would be required to stay state side while the process both the forms? As long as she's able to be state side, I don't mind the processing times.

 

Thank you.

[payxibka 10,045]

13 minutes ago, Forged said:

Well, we heard the fiance visa process was faster than a spousal visa. So, we went the fiance route. At this point, we are prepping for the medical exam and interview for the K1.

 

From what I understand, you can get the K1 without vaccines, but you will need vaccines for the AOS. Are you saying that the K1 visa would be granted, but she'd also be labeled as inadmissable? And then we'd submit the AOS (I485) and waiver (I601) at the same time? In that case, she would be required to stay state side while the process both the forms? As long as she's able to be state side, I don't mind the processing times.

 

Thank you.

No, the finding of inadmissible will occur at  the AOS phase 

[Crazy Cat 41,845]

11 hours ago, Forged said:

As long as she's able to be state side, I don't mind the processing times.

 

What if the waiver is not approved????  That is highly possible.

Edited June 17, 2019 by missileman

[Boiler 45,486]

1 hour ago, missileman said:

What if the waiver is not approved????  That is highly possible.

Presumably they would then mover to her country?

[Mezyan 149]

If I understand correctly, while this waiver is being processed (in the year time it takes for this) she will not be able to work or leave the country. Definitely something to think about if you are counting on a second income.