K1 Visa COVID-19 Vaccination Requirements

[NB5347 43]

On 9/21/2021 at 9:31 AM, Lyndaa said:

Hi all,

 

Is COVID-19 an actual requirement for K1 visa applicants before arrival to the US? Has anyone actually been allowed through without getting the COVID-19 vaccination? Or has anyone been denied entry? I'm really curious to know the deal here since it’s not straightforward.

Make sure to verify what your LOCAL CONSULATE requires for the visa. There is contradicting information EVERYWHERE. For example, our embassy does not REQUIRE any vaccines to issue a k1 visa. It states this both on the embassy page and the medical website. You can DM me and I can show you. There is also an option where the doctor will fill in, "Person will be applying for exemption." Don't feel forced to do something that you do not want to do. That is so un-American. You DO HAVE CHOICES. Now, will we have to vaccinate for AOS, technically yes BUT at this stage you can apply for an exemption, religious/moral exemption. This costs an extra $930. IF USCIS accepts the exemption, based on some damn good proof/evidence that you are doing this for religious/moral convictions, then you do NOT have to get it.. Research. You HAVE CHOICES. Don't let anyone bully you into doing something you're against.

[Elzmd 7]

I had my medical at London on the 16th September, and whilst waiting the appointments they were making they were explaining on the phone that from the 1st October it would be required to have the Covid vaccine. I've had both jabs, the woman who checked it said that it's good I have them and she's made a note that I have in advance for AOS. So really I think it'd be a lot less of a hassle if you can get them if possible, it might come up later.

[Lyndaa 27]

13 hours ago, NB5347 said:

Make sure to verify what your LOCAL CONSULATE requires for the visa. There is contradicting information EVERYWHERE. For example, our embassy does not REQUIRE any vaccines to issue a k1 visa. It states this both on the embassy page and the medical website. You can DM me and I can show you. There is also an option where the doctor will fill in, "Person will be applying for exemption." Don't feel forced to do something that you do not want to do. That is so un-American. You DO HAVE CHOICES. Now, will we have to vaccinate for AOS, technically yes BUT at this stage you can apply for an exemption, religious/moral exemption. This costs an extra $930. IF USCIS accepts the exemption, based on some damn good proof/evidence that you are doing this for religious/moral convictions, then you do NOT have to get it.. Research. You HAVE CHOICES. Don't let anyone bully you into doing something you're against.

 

Thank you for your time, I am doing research to figure out a way. I am from London so I will be taking the medical and interview over here. It's all just confusing, when I got the letter from the London embassy it told us to follow the instructions from this link - https://uk.usembassy.gov/visas/fiancee-2/medical-examination/

 

However, I've been checking everyday and it has not said anything about having to take any vaccinations if you do not want to right now. It does state that you would have to though when applying for AOS, Which I'm fine with because that buys me some time. However, reading everything online makes it seem like there aren't ways, which is not true. No one should be forced to put anything into their body if they do not want it, we have rights. 

[Jays0n 19]

16 hours ago, KayDeeCee said:

Just because they haven't changed the travel.state.gov website yet does not mean it is not now required. It is. And if you don't get it and marked off on the overseas K-1 exam form DS-3025, then you will need to get it for form I-693 in order to adjust status beginning Oct.1, 2021.

 

COVID-19 Vaccination Requirement

The US Advisory Committee on Immunization Practices (ACIP) has recommended COVID-19 vaccination for the age-appropriate, general US population. Therefore, COVID-19 vaccination now meets the criteria for required vaccinations and is a requirement for applicants.

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html

 

U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.

https://www.uscis.gov/newsroom/alerts/covid-19-vaccination-required-for-immigration-medical-examinations

She asked if it is required before arrival not after/Adjustment of status, it is not:

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3#S-B

 

14 hours ago, slavaskii said:

Ah yes, I see; I guess if OP had severe opposition to being vaccinated abroad they could do it now in the US, but just with added difficulty. However, the fact you can't fly to the US without the vaccine starting November pretty much forces the shot to be mandatory anyway, so it's probably safe to assume you absolutely need it to use the visa (even if on a technicality you can get it without). 

where does it say that visas that are excluded from mandatory vaccines like k1 will now be forced in order to enter the country?

[waiting1234 25]

7 hours ago, Lyndaa said:

Thanks to everyone for their responses, I was just curious about the whole situation to be honest, as I do not want to get the vaccine.

 

What if you file for a waiver after November? & it is then granted, I’m sure it will be fine to go to the medical & also travel. I think right now the waiver is the only option I can see.

Let me know how it goes. The embassy has ignored us and the doctors doing the medical exam are not entertaining any exceptions and says you cant even schedule an appointment unless you have it.

 

So here i am forced to get a vaccine that the CDC won’t even approve.

Edited September 22, 2021 by waiting1234

[J&S12 295]

I’m still trying to find out about if it’s required to enter the states and adjust status. 
I received this email from the Medical Office in London. 

[KayDeeCee 4,893]

5 hours ago, Jays0n said:

She asked if it is required before arrival not after/Adjustment of status, it is not:

 

https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3#S-B

I know what the policy states, and I mentioned earlier in this thread that vaccines are not technically required for a K-1. However, there are countries/consulates that indeed do require the vaccinations for the K-1 medical. You can refuse, but they can say you are class A inadmissible. If you don't pass the medical, you don't get a visa. You could argue with the CO about policy, but good luck with that. Since OP is going through London, I am betting after Oct. 1st, they will be requiring the proof of covid vaccine too. Someone posted an email above from London, and it states they will. I believe OP is not wanting the vaccine at all, even for AOS after entry. They can file a waiver based on religious/moral grounds and hope it gets approved, otherwise, they will get the vaccine or not get a green card.

[Jays0n 19]

6 hours ago, KayDeeCee said:

You could argue with the CO about policy, but good luck with that.

Why wouldnt you? Their public policy tells their agents not to deny visa for lack of vaccines and to follow the policies stated therein.

[HRQX 4,145]

On 9/21/2021 at 7:08 PM, Edward_Jaqueline said:

after - it is required

There technically is the "K Visa applicant electing not to be vaccinated at this examination" box on DS-3025:

On 9/22/2021 at 1:36 AM, Lyndaa said:

Thanks to everyone for their responses, I was just curious about the whole situation to be honest

See above pic. But for AOS from K-1 process you would either file I-601 waiver form with I-485 or take the required vaccines: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3 "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."

On 9/22/2021 at 8:35 AM, Jays0n said:

where does it say that visas that are excluded from mandatory vaccines like k1 will now be forced in order to enter the country?

Looks like slavaskii is referring to a different policy that is yet to be clarified on how it'll be applied to K-1. I.e. they only clarified that for unvaccinated US nationals they plan "to test one day before" entering the US "and test again after returning." https://www.cnbc.com/2021/09/20/us-to-ease-travel-restrictions-for-foreign-visitors-who-are-vaccinated-against-covid.html

20 hours ago, KayDeeCee said:

You can refuse, but they can say you are class A inadmissible. If you don't pass the medical, you don't get a visa. You could argue with the CO about policy, but good luck with that.

If they cite that as a reason then they are clearly incorrect and K-1 applicants can email LegalNet@State.gov https://fam.state.gov/fam/09FAM/09FAM010304.html

 

See DOS policy: https://fam.state.gov/fam/09fam/09fam030202.html "Since applicants for K visas are essentially intending immigrants, a complete medical examination is required in every case. (See 9 FAM 502.7-3(C)(3). As nonimmigrant visa (NIV) applicants, fiancé(e) visa applicants technically are not subject to the INA 212(a)(1)(A)(ii) vaccination requirement. However, we (the Department of State) and the Department of Homeland Security (DHS) have agreed that medical exams for fiancé(e) visa applicants should include the vaccination assessment as a matter of expediency. Therefore, you should make every effort to encourage fiancé(e) visa applicants to meet the vaccination requirements before admission to the United States. Nevertheless, you may not refuse K-visa applicants for refusing to meet the vaccination requirements."

Edited September 23, 2021 by HRQX

[Jays0n 19]

5 hours ago, HRQX said:

There technically is the "K Visa applicant electing not to be vaccinated at this examination" box on DS-3025:

See above pic. But for AOS from K-1 process you would either file I-601 waiver form with I-485 or take the required vaccines: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3 "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."

Looks like slavaskii is referring to a different policy that is yet to be clarified on how it'll be applied to K-1. I.e. they only clarified that for unvaccinated US nationals they plan "to test one day before" entering the US "and test again after returning." https://www.cnbc.com/2021/09/20/us-to-ease-travel-restrictions-for-foreign-visitors-who-are-vaccinated-against-covid.html

If they cite that as a reason then they are clearly incorrect and K-1 applicants can email LegalNet@State.gov https://fam.state.gov/fam/09FAM/09FAM010304.html

 

See DOS policy: https://fam.state.gov/fam/09fam/09fam030202.html "Since applicants for K visas are essentially intending immigrants, a complete medical examination is required in every case. (See 9 FAM 502.7-3(C)(3). As nonimmigrant visa (NIV) applicants, fiancé(e) visa applicants technically are not subject to the INA 212(a)(1)(A)(ii) vaccination requirement. However, we (the Department of State) and the Department of Homeland Security (DHS) have agreed that medical exams for fiancé(e) visa applicants should include the vaccination assessment as a matter of expediency. Therefore, you should make every effort to encourage fiancé(e) visa applicants to meet the vaccination requirements before admission to the United States. Nevertheless, you may not refuse K-visa applicants for refusing to meet the vaccination requirements."

It seems like more realistically it plays out that your email to LegalNet wont work. There are many us embassies like the one in japan that are straight up saying covid vaccine is required for approval:

 

Beginning October 1, 2021, all immigrant and K visa applicants must be fully vaccinated for COVID-19 for the medical examination to be considered complete.

https://jp.usembassy.gov/visas/immigrant-visas/vaccination-requirements/

 

I dont understand how they can straight up violate policy and make up their own rules. Hopefully LegalNet does the right thing when contacted.

[Ontarkie 13,992]

~~Non conductive posts removed. Further rude or unhelpful comments will result in admin action.~~

Edited September 24, 2021 by Ontarkie

[Ontarkie 13,992]

In Canada for example you will not be able complete your medical exam for immigration if you do not have all the vaccines. Of course this is minus the waiver. No medical no visa. It has always been that way in Canada and so far from what I'm seeing it is starting elsewhere too.

[HRQX 4,145]

1 hour ago, Ontarkie said:

In Canada for example you will not be able complete your medical exam for immigration if you do not have all the vaccines.

Montreal is one of the consulates that consistently shows the govt's strong preference for the vaccines for K-1, but preference ≠ requirement. Thus why I've personally seen some K-1 cases from Montreal with the "K Visa applicant electing not to be vaccinated at this examination" box checked off and they still getting the visa issued. CDC Technical Instructions that all Panel Physicians must follow: https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/vaccinations.html "refugees and K visa applicants are not required to receive vaccines before traveling to the United States"

 

Also INA 212(a)(1)(A)(ii) explicitly only applies to IV applicants and AOS applicants: "Any alien except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices is inadmissible."

Edited September 24, 2021 by HRQX

[Ontarkie 13,992]

3 minutes ago, HRQX said:

Montreal is one of the consulates that consistently shows the govt's strong preference for the vaccines for K-1, but preference ≠ requirement. Thus why I've personally seen some K-1 cases from Montreal with the "K Visa applicant electing not to be vaccinated at this examination" box checked off and they still getting the visa issued.

 

Also INA 212(a)(1)(A)(ii) explicitly only applies to IV applicants and AOS applicants: "Any alien except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices is inadmissible."

You would be the first to have seen that. We were not given any option for that. It was send us proof once you get the shot and then and only then will we send the medical. 

[KayDeeCee 4,893]

14 hours ago, HRQX said:

There technically is the "K Visa applicant electing not to be vaccinated at this examination" box on DS-3025:

See above pic. But for AOS from K-1 process you would either file I-601 waiver form with I-485 or take the required vaccines: https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-3 "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."

Looks like slavaskii is referring to a different policy that is yet to be clarified on how it'll be applied to K-1. I.e. they only clarified that for unvaccinated US nationals they plan "to test one day before" entering the US "and test again after returning." https://www.cnbc.com/2021/09/20/us-to-ease-travel-restrictions-for-foreign-visitors-who-are-vaccinated-against-covid.html

If they cite that as a reason then they are clearly incorrect and K-1 applicants can email LegalNet@State.gov https://fam.state.gov/fam/09FAM/09FAM010304.html

 

See DOS policy: https://fam.state.gov/fam/09fam/09fam030202.html "Since applicants for K visas are essentially intending immigrants, a complete medical examination is required in every case. (See 9 FAM 502.7-3(C)(3). As nonimmigrant visa (NIV) applicants, fiancé(e) visa applicants technically are not subject to the INA 212(a)(1)(A)(ii) vaccination requirement. However, we (the Department of State) and the Department of Homeland Security (DHS) have agreed that medical exams for fiancé(e) visa applicants should include the vaccination assessment as a matter of expediency. Therefore, you should make every effort to encourage fiancé(e) visa applicants to meet the vaccination requirements before admission to the United States. Nevertheless, you may not refuse K-visa applicants for refusing to meet the vaccination requirements."

Yeah, if you are really that dead set against getting them before entry, then you could go through the extra fight, time and hassle. You will need them soon after for AOS anyway though, and will pay more to get the i-693. Or pay more to keep fighting for that waiver against it still.

 

I'm still unclear on whether or not they will be required to have it in Nov to get on a plane to the US.