K1 visa - DS-3025 and I-693 requirements

[Forged 15]

Hello,

 

My wife recently immigrated from the Philippines on a k-1 visa. The doctor in the Philippines filled out the DS-3025 with a checkbox saying we will take care of vaccines in the US (sorry, I do not have the exact wording on the form right now). However, we are planning to get a vaccine waiver on religious grounds. So, he checked the wrong box. Is this an issue? Do we need to have a I-693 form just for this?

 

The I-693 instructions, says we do not need to have a new medical exam or a I-693. However, it does say if the DS-3025 was not properly completed, to do the I-693 for  parts 1-5 (our info), part 7 (civil surgeon info), and part 10 (vaccine) of the I-693 and nothing else. Her medical is still good, the only question is that the doctor in the Philippines checked the wrong box in the DS-3025; he/she should have selected "will request vaccine waiver". 

 

Anyway, I'm wondering if we actually need to see a civil surgeon, or if we can use the DS-3025 form as is.

 

Any help is appreciated!

[Forged 15]

Here's the ds 3025 as filled out...

[Hank_ 9,174]

It is true a new medical is not required as the medical from the Philippines is valid for 1 year.

 

The requirement for the I-693 is from the I-485 instructions. page 12.   https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf?download=1

 

Nothing you can do about the DS-3025     except "work through it", do what is necessary to cross that hurdle.

 

With that said you could try submitting the DS-3025 as it is not required to submit the I-693 with the I-485 (according to the instructions), it can be submitted later .. at the interview, and if USCIS doesn't ask for it you would be home free.

Edited December 4, 2019 by Hank_

[Forged 15]

3 hours ago, Hank_ said:

It is true a new medical is not required as the medical from the Philippines is valid for 1 year.

 

The requirement for the I-693 is from the I-485 instructions. page 12.   https://www.uscis.gov/system/files_force/files/form/i-485instr.pdf?download=1

 

Nothing you can do about the DS-3025     except "work through it", do what is necessary to cross that hurdle.

 

With that said you could try submitting the DS-3025 as it is not required to submit the I-693 with the I-485 (according to the instructions), it can be submitted later .. at the interview, and if USCIS doesn't ask for it you would be home free.

Thanks for the reply Hank. I came to the same conclusion after thinking it over more last night. I will submit the DS-3025 and I-485 (and I-601) and see if they request a new I-693 throughout the process.

[spacestar2339 3]

@Forged Hello, did you have any luck with your waiver? I have my medical in 2 weeks and am against vaccines - at this point I think I will give up my medical and interview and not continue with the greencard process. I feel like I have exhausted all avenues, if you could get me some tips I would be very grateful  and

[Forged 15]

1 hour ago, spacestar2339 said:

@Forged Hello, did you have any luck with your waiver? I have my medical in 2 weeks and am against vaccines - at this point I think I will give up my medical and interview and not continue with the greencard process. I feel like I have exhausted all avenues, if you could get me some tips I would be very grateful  and

Hey, we did get the waiver. We did not have to submit the 693 form. We did a good job documenting our truly held beliefs regarding vaccines; the person who interviewed us for the AOS meeting saw the honesty there and did not give us any grief about it. She approved the waiver before I even had a chance to verbally defend it, haha. I like to think we were blessed and the lady could see the sincerity of both our relationship and our beliefs.

[spacestar2339 3]

7 minutes ago, Forged said:

Hey, we did get the waiver. We did not have to submit the 693 form. We did a good job documenting our truly held beliefs regarding vaccines; the person who interviewed us for the AOS meeting saw the honesty there and did not give us any grief about it. She approved the waiver before I even had a chance to verbally defend it, haha. I like to think we were blessed and the lady could see the sincerity of both our relationship and our beliefs.

That is the BEST NEWS EVER!! I am so happy for you. I've got my medical in 2 weeks for the greencard (I live in NZ) I am seriously thinking of pulling out as they want me to get the influenza, DTP and chickenpox vax (maybe the MMR also). I just don't know what to do :(. If you have any advice please let me know

[Forged 15]

1 hour ago, spacestar2339 said:

That is the BEST NEWS EVER!! I am so happy for you. I've got my medical in 2 weeks for the greencard (I live in NZ) I am seriously thinking of pulling out as they want me to get the influenza, DTP and chickenpox vax (maybe the MMR also). I just don't know what to do :(. If you have any advice please let me know

You are currently in New Zealand? How are you looking to immigrate? Are you getting the initial medical test so you can get approved for the k1 visa? Hopefully I'm understanding your situation correctly. We did the K1 visa and then the AOS after she moved here and we married.

 

I can only speak of my own experience of course, but when my wife went through her immigration process (back when she was my fiance), she had her medical for the k1 visa in the Philippines. They tried to bully her into getting vaccines, saying she would be forced to get vaccines in the States for more money. The medical form they filled out actually has a checkbox that says something to the effect of "declined vaccines and will request waiver based on religious or moral grounds". The medical staff did not fill out the form correctly, but it didn't harm our application. This is in the photo I posted previously - it says right on the form that you can request a waiver, yet everyone you talk to will say it can't be done and you'll be forced to vaccinate. I understand how fearful it can be! Despite what people say or think, you have the right to request a waiver for a truly held belief (unless they change the law in the future).

 

Note: Read everything they try to have you sign. When my wife was getting the k1 visa medical, the medical staff tried to get her to sign a document that, if you read it closely, would have been agreeing to get vaccines. She did not sign it. I'd have to double check with my wife for the details, but as I recall, the medical manager made a note that my wife was refusing vaccines and she ended up not signing it - and they accepted that. Obviously, I can't guarantee how they will handle it where you are. I'm just sharing my experience. We refused testing for any past vaccines. She did have to get a Tuberculosis test, so that took an extra two months for them to confirm it was negative. My wife still got her k1 visa. This part was pretty easy.

 

Once in the States, we had to pay $930 or so just for the vaccine waiver. I feel this price is high to make sure your belief is real. We submitted this waiver, along with payment, when we submitted the AOS forms. We included a detailed explanation on why we hold this belief. We included research we performed, information about our faith, etc. We included signed letters from other people (i.e., our pastor/etc.) that know us well and who could attest to our belief. The AOS form is where you actually apply for the greencard when following the k1 visa process. This is the part that was scary, as she was not just my fiance now, she was my wife. We did not want her to get sent home! I heard a horror story of another couple going through the interview process, but I found out they got approved in the end.

 

In our case, the interview was so easy I was literally shocked. But, we have an honestly held belief and that is apparent in our life, our activities, our faith. We were nice, respectful, and easily answered all questions (its easy when the relationship and beliefs are real!). The interviewer was very nice to us.

 

As far as advice - if you truly hold your belief on vaccines, you have no option but to fight for your rights. If it were me going through this process now (and immigrating to the USA), there's no way I would abandon my relationship or my beliefs. I'd have no choice but to take the chance and continue with the immigration process, get married, and request a waiver.

 

Again, just sharing my experience - not giving any kind of legal advice. I'd be happy to discuss over private message if you have any more specific questions.

[spacestar2339 3]

15 hours ago, Forged said:

You are currently in New Zealand? How are you looking to immigrate? Are you getting the initial medical test so you can get approved for the k1 visa? Hopefully I'm understanding your situation correctly. We did the K1 visa and then the AOS after she moved here and we married.

 

 

Thank you for such a long and detail reply - while it is not the visa I am doing, I know it will help future applicates who are going down the path you are so its good that is on this forum forever now. I am in NZ and looking to immigrate on the DV lottery Greencard visa because of this, I am on a time limit (all DV applicants who do not receive their visas by Sept 30th expire). My interview is the beginning of Aug so I really can't submit a waiver and delay the process. I had a very bad reaction as a baby so thats when my mum learnt about vaccine injuries. The doctor didn't really make any notes for my reaction except for saying I had a high pitched scream and fever. Even though I was vaccinated for diseases I ended up getting those ones anyway lol, ironic. My childhood doctor has now deregistered and doesn't work as a doctor, do you think if I asked him to write a letter explaining my reaction and that he recommended to my mum to not have those vaccines anymore (DPT and MMR)...would that work? As that is the truth but he didn't put it in the notes and I don't know why.  

[Chancy 6,242]

*** Moved from K1 Process & Procedures to AOS from K1 -- OP's wife is done with the K1 visa process and topic is about vaccine-related forms for AOS ***

 

[Ryan H 3,818]

~~~Hijack post removed; if you have your own question, you need to start your own thread.~~~

[RosalieS 0]

Hello @Forged, thank you so much for sharing your experience, it has been very helpful as I prepare the waiver. Is there a reason why you denied the testing for past vaccines? Thank you in advance.

[Forged 15]

3 hours ago, RosalieS said:

Hello @Forged, thank you so much for sharing your experience, it has been very helpful as I prepare the waiver. Is there a reason why you denied the testing for past vaccines? Thank you in advance.

 

Hello rosalie! I'm glad it's been helpful to you.

 

We chose not to have the test for past vaccines performed because our stance on vaccines is legitimate and we chose to get the waiver. There's no point in the test if we're going for the waiver. For example, what if my wife only needed one vaccine... would it matter? Nope. To my knowledge, the vaccine waiver on religious grounds is all or nothing. So, we have to refuse all. Even if we were missing only one, it doesn't matter. We have to refuse.

 

This is just what we decided for us. Either way, the process went very smooth for us except for a long processing time.

 

Hope this helps!

[RosalieS 0]

On 8/16/2023 at 6:57 PM, Forged said:

 

Hello rosalie! I'm glad it's been helpful to you.

 

We chose not to have the test for past vaccines performed because our stance on vaccines is legitimate and we chose to get the waiver. There's no point in the test if we're going for the waiver. For example, what if my wife only needed one vaccine... would it matter? Nope. To my knowledge, the vaccine waiver on religious grounds is all or nothing. So, we have to refuse all. Even if we were missing only one, it doesn't matter. We have to refuse.

 

This is just what we decided for us. Either way, the process went very smooth for us except for a long processing time.

 

Hope this helps!

 

Hi Forged,

Thank you for explaining, that makes a lot of sense. If you're willing, could you please send me a PM with more information about your application and what you included with it? Thank you!