AOS

[David Mpoyi 8]

Hello guys,

I am about to file for adjustment of status for my wife. She came thru K1. Will she need to get the Covid test before I file for her AOS? She came before October 1st and I am planning to use the medical exam record she got before coming to the US. Thanks

[Verrou 1,962]

No need Covid test for AOS. She might need Covid vaccine on her medical, but not Covid test 

[HRQX 4,145]

2 hours ago, David Mpoyi said:

Will she need to get the Covid test before I file for her AOS?

No one sends in a "Covid test" for AOS: https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/covid-19-technical-instructions.html "Laboratory tests for COVID-19 immunity must not be used for the civil surgeon exam. The applicant is required to receive the vaccine series regardless of evidence of immunity or prior COVID-19 infection. The duration of immunity due to natural infection is still being investigated and might not protect the applicant throughout the immigration process."

 

In regards to vaccination, if the K-1 medical was properly completed then that should be sufficient: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

K or V Nonimmigrants Applying for Adjustment ^[26]

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

• The medical examination did not reveal a Class A medical condition; or

• The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27] 

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. ^[28] 

 

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

 

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

Edited October 16, 2021 by HRQX

[David Mpoyi 8]

3 hours ago, Misscloud said:

No need Covid test for AOS. She might need Covid vaccine on her medical, but not Covid test 

I typed that wrong. I meant Covid vaccine. Will that be required? because at the time she did her medical check up it was not required so in her document she has not taken the vaccine yet

2 hours ago, HRQX said:

No one sends in a "Covid test" for AOS: https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/covid-19-technical-instructions.html "Laboratory tests for COVID-19 immunity must not be used for the civil surgeon exam. The applicant is required to receive the vaccine series regardless of evidence of immunity or prior COVID-19 infection. The duration of immunity due to natural infection is still being investigated and might not protect the applicant throughout the immigration process."

 

In regards to vaccination, if the K-1 medical was properly completed then that should be sufficient: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3

K or V Nonimmigrants Applying for Adjustment ^[26]

K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination, and:

• The medical examination did not reveal a Class A medical condition; or

• The applicant received a conditional waiver in conjunction with the K or V nonimmigrant visa or the change of status to V and the applicant submits evidence of compliance with the waiver terms and conditions. ^[27] 

If a new medical examination is required and reveals a Class A medical condition, a new waiver application will also be required. In such cases, the officer should determine whether the applicant complied with the terms and conditions of the first waiver, if applicable. Such determination should be given considerable weight in the adjudication of a subsequent waiver application. ^[28] 

 

Even if a new medical examination is not required, applicants must still comply with the vaccination requirements if the vaccination record was not included as part of the original medical examination report. If the vaccination report was properly completed at the time of the overseas examination, the officer may accept the vaccination assessment completed by the panel physician.

 

An applicant’s overseas medical examination report completed by a panel physician should already be in the applicant’s A-file. If it is not in the A-file, the officer should request the medical examination report through a Request for Evidence (RFE).

 

[K1visaHopeful 2,814]

If she received her visa before Oct 1st, a Covid vaccination is not required to enter the US nor file for AOS.

 

Edited October 16, 2021 by K1visaHopeful

[Daisy.Chain 317]

There are religious exemption documents (if that applies to her), but I haven't heard of any concrete cases of people using them for immigration.

Edited October 16, 2021 by Daisy.Chain

[HRQX 4,145]

16 hours ago, David Mpoyi said:

I meant Covid vaccine. Will that be required? because at the time she did her medical check up it was not required so in her document she has not taken the vaccine yet

Her completed DS-3025 should still be valid.

1 hour ago, Daisy.Chain said:

There are religious exemption documents (if that applies to her), but I haven't heard of any concrete cases of people using them for immigration.

As mentioned above, OP's wife is not subject to the new requirement.

 

But a well prepared I-601 waiver is eventually approved. For example:

• https://www.uscis.gov/sites/default/files/err/H1 - Waiver of Inadmissibility - Medical - 212 (g)/Decisions_Issued_in_2011/Feb102011_04H1212.pdf Page 4 "The applicant's father further states..."
• https://www.uscis.gov/sites/default/files/err/H1 - Waiver of Inadmissibility - Medical - 212 (g)/Decisions_Issued_in_2010/Jan202010_02H1212.pdf Page 4 "She states..."
• https://www.visajourney.com/timeline/profile.php?id=308164 "Sent waiver for vaccinations form I-601 on October 16th approved on November 25th"
• https://www.visajourney.com/forums/topic/772412-wifes-greencard-and-vaccine-waiver-approved/

But if the waiver is poorly prepared then it could be denied, like in this example: https://www.uscis.gov/sites/default/files/err/H1 - Waiver of Inadmissibility - Medical - 212 (g)/Decisions_Issued_in_2020/JUL202020_01H1212.pdf "Despite the Director's August 2018 specific request for additional evidence, such as signed affidavits from religious leaders attesting to the religious conviction against vaccinations and other information as it relates to the Applicant's religious and moral beliefs opposing vaccinations, the Applicant's RFE response only consisted of her personal statement and lacked any additional documentation. On appeal, the Applicant has not indicated whether she was a member of the (redacted) Church prior to the May 20, 2019, date on the membership certificate and further, she has not established whether the new evidence submitted on appeal regarding her church's doctrine opposing vaccinations was previously available. In addition, we note that the submitted affidavits from the Applicant and her spouse, sister, and friend, do not reference the Applicant's membership in the (redacted) Church."

[David Mpoyi 8]

I am not against vaccines. I would just like to know if that would be a problem for her. Thank you all for the help