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

[millefleur 5,046]

**Threads on the same topic merged.**

 

VJ Moderation

[AndiB 677]

8 hours ago, KanaKoa said:

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

others have given you advice on waiver and k1 v aos vaccine req but I will say it is unlikely to be removed from immigration req, at least for a long while. CDC added COVID to routine children vaccine and what is req for travel has never been linked to what is required for immigration. There is no req for mmr, measles, tetnus, hep b etc for travel but is required for immigration. CDC sees COVID as a 'standard' vaccine and therefore is likely to remain on the list I imagine for at least a year+
This is obviously a guess on my part but CDC seems to still take COVID seriously and I see no motivation for them to remove it any time soon.

[tree248 13]

Note that two inactivated virus vaccines available in the Philippines are on the CDC acceptable list. These vaccines do not have the technology that has caused many of the concerns about the vaccines available in the US, and are more traditional vaccines. Do your research and/or talk to a doctor about this, and consider getting one of these prior to the medical exam.

 

Coronavac and Covaxin are on the CDC list through their WHO approval and are also approved for use in the Philippines.

 

https://covid19.trackvaccines.org/country/philippines/

 

[nelmagriffin 148]

Greetings! May I ask you something. Does your fiancée have complications with this vaccine? and based upon your statement is that she already had the vaccines in the past, if so, then all she has to do is request a certificate from the Department of Health then take this certificate with her during her medical. 

reference: VAXCertPH (doh.gov.ph)

VaXCertPH Privacy Notice

The Department of Health (DOH), together with its partner agencies and implementing units for the Philippine Digital Vaccination Certificate (VaxCertPH) Portal, respects your right to privacy and commits to the protection of your personal data.

 

What Data will be Collected:
To facilitate the issuance of your digital vaccination certificate and/or process any VaxCertPH-related query or concern, the DOH through the VaxCertPH implementing units shall collect data from the applicant, which may include, but are not limited to:

• Last Name
• First Name
• Middle Name (optional)
• Suffix (if any)
• Date of birth
• Vaccination Site (LGU) – first dose
• Date of first dose
• Vaccination Site (LGU) – second dose
• Date of second dose
• Vaccination Site (LGU) – booster dose (if applicable)
• Date of booster dose (if applicable)
• Vaccination Site (LGU) – second booster dose (if applicable)
• Date of second booster dose (if applicable)

When validation and rectification of record is needed:

• LGU/Local Vaccination card
• Government-issued ID
• Email address
• Mobile number

Cookies and Web Beacons
We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Portal and Mobile Application to help customize the application and improve your experience. When you access the VaxCertPH, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies but be aware that such action could affect the availability and functionality of VaxCertPH. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

 

How Data is Used
We collect, process, and store your data to better provide you with the required services, or information. Specifically, the DOH through the concerned VaxCertPH implementing unit shall use your data for any of the following purposes:

1. Administration of our obligations in relation to your VaxCertPH application such as verification of your identity, confirmation of your vaccination record, processing/issuance of your digital vaccination certificate, and/or responding to queries or requests submitted pertaining to your application, and other related VaxCertPH generation transactions done through the Portal;
2. Maintenance of registry and records of issued VaxCertPH, pending applications, and other related VaxCertPH generation transactions done through the Portal for the purpose of compiling usage statistics;
3. Internal purposes such as administrative, operational, audit, and risk management; and/or
4. Compliance with reporting obligations to government authorities under applicable laws, rules, and regulations.

 

Who Uses Your Data
Your data are accessed and used by the designated issuing staff of the concerned LGU and duly-authorized program managers from the DOH partner agencies involved in the implementation of the VaxCertPH. All concerned users have a legitimate interest in the proper use of your data for carrying out their duties. Likewise, these users are under the obligation at all times to protect your data, uphold your data privacy rights, and comply with existing and applicable Philippines laws, regulations, and policies on privacy and data protection.
As personal information processor (PIP) of the DOH, DICT is strictly not allowing prohibits public or private entities to connect to the database. The disclosure of personal data which is done when the QR Code is scanned is enabled when application/system holds the public key of VaxCertPH. The sharing of public key is only for verifying the authenticity of the QR code presented in the DVC and does not allow access to the database.
The DOH may share the VaxCertPH personal data with the Bureau of Immigration, and DILG; and with private verifiers such as digital credential wallet and pass applications and airlines. The sharing shall be covered by a Non-Disclosure Agreement and shall be implemented through secured means.

How Data is Stored
Your data will be safely and securely stored in the VaxCertPH database. Retention and disposal of your data shall be made in accordance with the Records Disposal Policy and Records Disposition Schedule of DOH as approved by the National Archives of the Philippines (NAP) under Republic Act 9470. Your data shall be stored following these conditions:

1. For successfully created accounts, the data supplied in the request portal shall be sent to the mirror database of the Vaccination Information Management System (VIMS) as a search parameter to find its match and pull the complete details for crafting the Digital Vaccine Certificate (DVC). Records of the successfully generated DVC are stored for two (2) years in the DIVOC PostgreSQL / AWS PostgreSQL for monitoring purposes.
2. For cases where records are not found in the system/erroneous entries, the vaccinee will be requested to submit a copy of their vaccination card and a government issued ID to the LGU where you were inoculated. These data shall be used for verification and validity check. The LGU shall securely store the submitted documents for a maximum of two (2) years.
3. Likewise, for each VaxCertPH generation transaction done through the Portal, your metadata will be stored in the database for purposes of compiling usage statistics for policy development, and program planning: age, sex, LGU, and date(s) of vaccination (s), and vaccine brand.

When and How is Data Disposed/Destroyed
The disposal/destruction of the data collected and stored shall be done in accordance with the guidelines set by the NAP General Guidelines Circular No. 2. The DOH shall request for authority to dispose of records to the NAP until such time it is appraised and evaluated by Records Management Analyst and approved by the Executive Director. The NAP Executive Director will notify the concerned office regarding the prompt and proper disposal of records. The request for disposal will be done after the retention period has been reached or there is no further use of the VaxCertPH data.
Digital copies stored in the DIVOC PostgreSQL / AWS PostgreSQL shall be destroyed or deleted in a secure manner once the retention period of two (2) years has been reached.

Your Rights as a Data Subject
As our data subject, you may avail of the guarantees provided by Section 16 of Republic Act 10173 (Data Privacy Act of 2012), which includes the following:

1. Right to be Informed – The vaccine beneficiary is notified and informed of their rights as well as the use of the data collected through the VaxCertPH Privacy Policy.
2. Right to Object – Data collection for vaccination is done prior to vaccination of the data subject. The data subjects are asked to fill-up the consent form. The right to object to the data subject is exercised when there is refusal to fill-up and sign the consent form required prior to vaccination.
   
   In VaxCertPH, the requester, in order to use the portal, has to read and agree on the VaxCertPH Privacy Policy prior to the use of the system.
    
3. Right to Access – All individuals with full vaccination done in the Philippines are given the right to access their data through the VaxCertPH portal access: https://vaxcertph.doh.gov.ph.
4. Right to Rectify – Submission of a request to rectify/ correct the record is done through the VaxCerPH portal.
   
   Correction of data per se will be performed by respective LGUs after validation of the submitted request. Before rectifying any record, LGU will do a detailed reconciliation of the following using the LGU validation tool:
   1. Uploaded ID,
   2. Vaccine card,
   3. The information in the VIMS database,
   4. LGUs own archive of line list records.
5. Vaccinees who found out that their information is incorrect may request to correct their data. To correct a record, vaccinees will have to fill in their contact details and upload a soft copy of their:
    
   1. Vaccine Card issued by the LGUs or Bakuna Sites; and
   2. A valid Philippine Government-issued ID
6. Right to Erasure or Blocking – When the information collected is no longer necessary for the purpose of verifying the identity, confirming the vaccination record, and processing the vaccination certificate, the vaccine beneficiary has the right to remove or erase such personal information.
   
   The vaccinee may submit valid requests for the deletion of their personal data in the database. Once deleted, personal data will no longer appear or be included in anonymous searches and will be completely removed from all storage locations.
    
7. Right to Data Portability – Does not apply to the VaxCertPH System since it is a centralized system.
8. Right to File a Complaint – If the personal information has been misused, maliciously disclosed, or improperly disposed, or that any data privacy rights have been violated, the data subject has the right to file a complaint with the DOH and NPC.
9. Right to the Payment of Damages – Claim for compensation if the data subject suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of its rights and freedoms as data subject.

 

How You Will Be Notified of Changes to our Policy Although most changes are likely to be minor, the DOH, together with its partner agencies and implementing units of the VaxCertPH, reserves the right, acting reasonably, to modify our Policy at any time in our sole discretion, and will publish notice of any such modification on appropriate channels. Any modification is effective immediately upon posting.

 

Concerns To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, you may reach us through the following:

DR. ENRIQUE A. TAYAG, PHSAE, FPSMID, CESO III

Overall Data Protection Officer, Department of Health, Director IV, Knowledge Management and Information Technology Service
2/F, Building 9, Department of Health, San Lazaro Compound,
Rizal Avenue, Sta. Cruz, Manila (02) 8651-7800 local 1948
dataprotectionofficer@doh.gov.ph

 

In case we are unable to address a privacy-related concern, you may email the National Privacy Commission (NPC) at info@privacy.gov.ph.

 

 

 

 

On 7/15/2023 at 12:43 PM, 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.  

 

Edited July 17, 2023 by nelmagriffin

[mike81 5]

On 7/16/2023 at 12:07 AM, KanaKoa said:

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

I think there are 2 kinds of waivers, one medical which is done before the medical or interview?, and one religion/morals i-601 which is done after being rejected at the interview.

 

We did the i-601 based on moral conviction after the interview and got rejected. I think they wanted religious proof, like letters from priest etc of a religion that won't allow vaccines. I don't think they approve for moral conviction.

 

I don't think it will be removed from the immigration requirements. We ended up moving to Thailand instead of getting the vaccine.

 

 

[KanaKoa 0]

Ok, thanks Mike81.  Recently, President Marcos lifted the Covid restrictions in the Philippines.  Also, the visa agency that my fiance and I are working with informed us that the vaccine is not required anymore for the K1 visa.  I asked someone who recently did an interview at the embassy in Manila, and they confirmed that the vaccine is not necessary.  

[mike81 5]

1 hour ago, KanaKoa said:

Ok, thanks Mike81.  Recently, President Marcos lifted the Covid restrictions in the Philippines.  Also, the visa agency that my fiance and I are working with informed us that the vaccine is not required anymore for the K1 visa.  I asked someone who recently did an interview at the embassy in Manila, and they confirmed that the vaccine is not necessary.  

I don't think he lifted everything. For example a negative test is still required to enter the country by air for unvaxed and if positive you still need to quarantine in a hotel.

 

The person who recently had the interview without vaccine, that was for a k1 visa? The only change I heard of was the US removing the vax requirement for tourist visas a few months ago.

 

My experience was in 2021-2022, I'm not sure how it is now in 2023.

[mike81 5]

It seems most stuff is lifted. Some employees still required to wear masks but that's about it.

[annamariedee 0]

hi, may i know if there is any update regarding this topic? Anyone here has applied for k1 successfully without getting covid vaccine?

 

Your input is much appreciated.

[Nous Eb 126]

9 minutes ago, annamariedee said:

hi, may i know if there is any update regarding this topic? Anyone here has applied for k1 successfully without getting covid vaccine?

 

Your input is much appreciated.

 

I am in the USA currently on a K1 Visa and I did not get a COVID vaccine. You don't need any vaccinations for your K1 visa, but you need them for your AOS. If you are against ALL vaccinations you can file a waiver with your AOS (form i-601, $1040 extra) based on your religious belief and/or moral convictions. You can't pick and choose and take all other vaccinations at your medical exam but not the COVID ones. https://www.uscis.gov/policy-manual/volume-9-part-d-chapter-3

[powerpuff 6,697]

Old thread closed. 
 

VJ Moderation