Should I see a civil surgeon before AOS?

[Mixel96 13]

Hello,

 

I am in a spot. where I am unsure of how to proceed. My fianceé and I are getting married next Friday and we want to submit our AOS application soon after.

First question, just to confirm: The filing of AOS does not have to be within the 90 days of arriving on a K-1, correct?

 

Second & main question:

I only received the 1st covid vaccination in 2021 (Biontech) and could not receive any others due to allergic reactions. I was given a certificate by my doctor that I am unable to receive further covid vaccinations. With that document I was allowed to enter the U.S. in 2021 and 2022 and had no issues with my student visa and ESTA trip.

Now, for the medical exam in my home country in september 2024, I was issued the DS-3025 (vaccination documentation worksheet) and the physician signed off the corresponding box 'K visa applicant voluntarily completed vaccination requirements'. He provided the remark "C3" in the column that says "Blanket waiver to be requested if vaccination not medically appropriate". 

As K1 applicants/holders we typically do not have another medical exam in the U.S. hence we do not submit a I-693 transcription. However, it also states 

"If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy)."

 

What is my best approach here to avoid any difficulties? See a civil surgeon here in the U.S. before submitting the AOS application? 

 

With the change in presidency also coming now, I saw some posts on reddit that for AOS procedures RFE's could turn into denials of the whole application quite fast. I am aware that those sources like reddit are not the best place to do your research but I still found it alarming. I guess in the end nobody really knows for sure how things are going to be handled in the future.

[Edward and Jaycel 458]

With the box checked and the blanket waiver code assigned to the COVID vaccine part of your DS-3025, that means your vaccinations are considered complete for the purposes of your AOS. The C3 code indicates the vaccine is contraindicated by the physician due to allergic reaction. Very rarely do USCIS Adjudication Officers overrule a physician on a medical decision. They will on procedural issues or incomplete paperwork but rarely on strictly medical judgement calls like vaccine contraindications. Just send a copy of your DS-3025 as supporting evidence along with your I-485 when you file.

 

As far as filing the AOS within the 90 days, there is nothing that says you have to - HOWEVER if you do not file within the 90 days, once you hit day 91, you are out of status. It's all about your risk tolerance, especially in light of the incoming administration's promise to crack down on those in the country unlawfully. If you file the I-485 and have the receipt number, you are then in a period of "Authorized Stay" until it is adjudicated. I would highly recommend filing before your 90 days has passed.

[Ryan H 3,828]

Moved from K1 Process & Procedures to Adjustment of Status from K Visas forum.