Covid 19 Vaccine - K1 Visa - Confused by Conflicting Rules (merged)

[KanaKoa 0]

Aloha,

 

My fiance, who lives in the Philippines, and I are still waiting for our K1 visa application to be processed (NOA 1 received December 20, 2022).  

 

I was told that her medical exam would require her to be vaccinated against Covid.  We've been trying very hard to avoid ourselves to get the vaccine, especially when it came to meeting for the first time in Thailand once they lifted the restrictions in that country.  It would suck if they still required the vaccine for the medical exam.  It also doesn't make any sense, considering the US just lifted the vaccine restriction for entry for international travel.  

 

So, does anyone have any idea when they will lift that rule for the medical exam?  Is there a way to get around it, other than trying for a religious exemption or health exemption?  Or is there a way to get our elected representatives to really push for changing the vaccine requirement?

 

Any insights would be appreciated.

 

Thanks,

Kana

[Crazy Cat 41,844]

***I moved this to the Philippines reginal forum for specific information there*****

[Crazy Cat 41,844]

@KanaKoa, would you like me to move this back to the K-1 procedures forum?  Please don't post it in other areas.  Thanks.

[milimelo 4,477]

At least the K-1 visa recipients have the option of declining any and all vaccines and dealing with it come AOS time in the US. You can do I-601 waiver. 

https://omb.report/icr/202207-1405-004/doc/123423800 - scroll to page 2 of pdf, section 2 Vaccination Documentation. 

 

 

Per OMB, there's apparently form to complete not to do COVID shots - DS-5158 (which when shown on line is a bunch of indecipherable text) - though I'm unclear if this is for DoS employees as the EO 14043 for federal workers was under injunction since Jan 2022 and rescinded back in May 2023.

https://omb.report/icr/202206-1405-004/ic/250798

There is also DS-5159 for religious exception

https://omb.report/icr/202206-1405-004

 

[KanaKoa 0]

Thanks milimelo.  I understand that the religious exemption is not going to work, but maybe a medical one if I can find a doctor who supports my fiance not getting the vaccine.

[nelmagriffin 148]

Greetings!

Please read the following.

references:

https://travel.state.gov/content/travel/en/News/visas-news/changes-to-vaccination-requirements-for-immigrant-visa-applicants.html

Vaccination Requirements | USCIS

 

Note: As we all know some vaccines are not given during the second day of her medical and will be completed once in the USA. Like if the vaccines are not available, age, and women who are pregnant or wanting to be pregnant. etc. (read the links)

Also, vaccine shots here are very expensive, but okay if you are already covered by your husband's insurance.

[milimelo 4,477]

Why wouldn't it work? We've seen plenty of I-601 for religious exception approved (just covid or all shots) this year and in the past.  I imagine you'd have to prepare your fiancée to decline what's offered per the DS-3025 form as a K visa applicant that is an option for her.  You then need to work on finding a civil surgeon to do I-693 (get the titers done as that's accepted in lieu of having to repeat the vaccines) and start working on I-601. 

[KanaKoa 0]

Thank you, but what I'm hearing is that at the hospital in Manila, they are very strict about the vaccine requirement, and they have denied waivers for the religious exemption if someone has received vaccines in the past.  I believe my fiance has received vaccines in the past.  The Philippines is so oppressive when it comes to the Covid vaccine.  

[milimelo 4,477]

13 minutes ago, nelmagriffin said:

Greetings!

Please read the following.

references:

https://travel.state.gov/content/travel/en/News/visas-news/changes-to-vaccination-requirements-for-immigrant-visa-applicants.html

Vaccination Requirements | USCIS

 

Note: As we all know some vaccines are not given during the second day of her medical and will be completed once in the USA. Like if the vaccines are not available, age, and women who are pregnant or wanting to be pregnant. etc. (read the links)

Also, vaccine shots here are very expensive, but okay if you are already covered by your husband's insurance.

OP is K-1 applicant so while she could opt to go for vaccines, she has the possibility to decline as K visa applicant. 

[milimelo 4,477]

1 minute ago, KanaKoa said:

Thank you, but what I'm hearing is that at the hospital in Manila, they are very strict about the vaccine requirement, and they have denied waivers for the religious exemption if someone has received vaccines in the past.  I believe my fiance has received vaccines in the past.  The Philippines is so oppressive when it comes to the Covid vaccine.  

Then go for the religious exemption - it applies even if you have received previous vaccines and decided not to take any more. Search for topics in the waiver forum. And you ask for exemption from USCIS not the local medical doctor in Manila. 

[Redro 4,611]

1 minute ago, KanaKoa said:

Thank you, but what I'm hearing is that at the hospital in Manila, they are very strict about the vaccine requirement, and they have denied waivers for the religious exemption if someone has received vaccines in the past.  I believe my fiance has received vaccines in the past.  The Philippines is so oppressive when it comes to the Covid vaccine.  

You might have some issues because it is Manila... your fiance might get some pushback but maybe if she has a very strong personality she can forego all the vaccinations at the medical... 

It looks like St Luke's will not give your partner the Covid vaccine if she is adamant. 

[milimelo 4,477]

From CDC itself. 

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/vaccinations.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fimmigrantrefugeehealth%2Fpanel-physicians%2Fcovid-19-technical-instructions.html#covid-19-vaccination

Vaccination Documentation for Nonimmigrants

The vaccination history of all applicants submitting for an examination by a US panel physician should be reviewed and vaccinations they have previously received should be documented on the DS-3025 Form, even if they are nonimmigrants who are not required to meet vaccination requirements prior to travel to the United States.

Although refugees and K visa applicants are not required to receive vaccines before traveling to the United States, they must meet the vaccination requirements when applying for adjustment of status or permanent resident status in the United States. Therefore, for these applicants, panel physicians must complete a DS-3025 Form if the applicant provides reliable vaccination records. A copy of this form must be provided to the applicant for use as his or her vaccination record in the United States.

[KanaKoa 0]

Thank you for the information.  milimelo, can the waiver be approved before my fiance has her interview at the embasy?  

[KanaKoa 0]

Hello,

 

So, my understanding, back in May 2023, the US lifted the Covid vaccine requirement for all non-immigrant international travelers to the U.S.

 

Based on what the CDC is saying, all K1 visa applicants are not required to get the Covid vaccine, right?  It's only for the adjustment of status, correct?  

 

That's based on what I'm reading at this site: Vaccination Technical Instructions for Panel Physicians | CDC

 

And yet, the USCIS is saying that all immigrant visa applicants require the Covid vaccine at their site: Vaccination Requirements | USCIS

 

In spite the fact that USCIS also says, "CDC is responsible for publishing the Technical Instructions for Civil Surgeons. These documents and the HHS regulations set the requirements for the immigration medical examination and are binding on civil surgeons (See the CDC Vaccination Technical Instructions for Civil Surgeons and 42 C.F.R. Section 34.3). The Technical Instructions include a vaccination component, specifying how the civil surgeon has to conduct the vaccination assessment."

 

And also, the K1 visa is supposedly considered a non-immigrant visa, according to the U.S. Department of State: Nonimmigrant Visa for a Fianc(é)e (K-1) (state.gov)

 

So, can someone please help me make sense of these conflicting rules?  How is it fair for U.S. embassies in other countries to require the Covid vaccine at the embassy interview, despite there being these inconsistencies in the law?  Under what authority are they able to require K1 visa applicants to have the vaccine?  

 

Thanks,

Sean

[Mike E 11,739]

K-1 is technically a non immigrant visa, yet consulates treat it as as an immigrant visa. AFAIK the courts have not reigned this in.