Covid Vaccine Requirement for K1 Visa (merged)

[stag 51]

I can't find a direct source on this, I know immigrant visas are required to have COVID-19 vaccine to get medical exam before visa issuance, but seems US Embassy in Japan for instance says "Beginning October 1, 2021, all immigrant (excluding K visas) applicants must be fully vaccinated for COVID-19 for the medical examination to be considered complete."

 

https://jp.usembassy.gov/visas/immigrant-visas/k-checklist/

 

For K visa applicants what is the requirement or does it differ based on home country? 

[stag 51]

Ok it says on CDC website: "Refugees and NIVs, including K-visa applicants are not required to receive the COVID-19 vaccine as part of the immigration medical examination; however, the other components of these Technical Instructions do apply to all applicants."

 

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

[HRQX 4,145]

2 hours ago, stag said:

For K visa applicants what is the requirement

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

 

But both DOS and DHS prefer it to be resolved before the K-1 holder enters the US: 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."

[stag 51]

2 hours ago, HRQX said:

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

 

But both DOS and DHS prefer it to be resolved before the K-1 holder enters the US: 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."

Thanks, fiancee is not against vaccine, we just want to do Pfizer, and thought if not required will do it in the States (she's already gotten sick). What I understand from that is that while it's recommended , it is not required. So I rather she get all needed vaccines in US honestly if that is possible.

[stag 51]

A new proclamation was published by the Biden admin today: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/

 

Would K1 be classified as non-immigrant under this law? Btw I noticed that only 3 vaccines will be accepted: Moderna, Pfizer, and J&J. What if your country doesn't readily have those vaccines or in limited supply? 

[Crazy Cat 39,591]

14 minutes ago, stag said:

Btw I noticed that only 3 vaccines will be accepted: Moderna, Pfizer, and J&J

I don't find those listed in the PP.  Can you show where it says that?

[arken 4,197]

17 minutes ago, stag said:

What if your country doesn't readily have those vaccines or in limited supply? 

It's in the link you posted, just need a bit of more reading.

[stag 51]

Hm, okay I had seen a source about those 3 being accepted but this article says "WHO-authorized" https://www.axios.com/travel-rules-covid-vaccine-testing-requirements-6036674d-86d3-4b66-8d9d-4d6b37f81463.html

[millefleur 5,039]

It would be nice if they could post something in plain English and not in legalese.

[Ontarkie 13,953]

~~Duplicate threads merged. Please do not start more than one thread for the same topic.~~

[HRQX 4,145]

34 minutes ago, stag said:

Would K1 be classified as non-immigrant under this law?

Yes.

 

But if they further clarify the NIE groups then maybe K-1 and K-2 would be on that NIE list: "or (x) any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Homeland Security, or their designees."

 

What is clear is: "individuals not covered by this proclamation, such as United States citizens, lawful permanent residents, or noncitizens traveling on immigrant visas."

[Gauchos 52]

My fiancee had her medical last week in Brazil and they are not forwarding the results of her medical examination to the consulate until she has received both doses of the vaccine.

[HRQX 4,145]

12 minutes ago, Gauchos said:

My fiancee had her medical last week in Brazil and they are not forwarding the results of her medical examination to the consulate until she has received both doses of the vaccine.

Then that panel physician is not following the Technical Instructions: https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html "*Refugees and NIVs, including K-visa applicants are not required to receive the COVID-19 vaccine as part of the immigration medical examination"

[Gauchos 52]

9 minutes ago, HRQX said:

Then that panel physician is not following the Technical Instructions: https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html "*Refugees and NIVs, including K-visa applicants are not required to receive the COVID-19 vaccine as part of the immigration medical examination"

I suspect this is a consulate-level decision. Originally we were told that it could be done in the US, but that changed after the announcement that non-citizens would need the vaccine before traveling to the US. My fiancee has the first shot and will need to forward proof of the second shot once she has it. This is especially annoying because you can't just walk into a pharmacy like you can in the US. She has to wait until she's eligible according to whatever rationing rules they are using.

[HRQX 4,145]

1 minute ago, Gauchos said:

the announcement that non-citizens would need the vaccine before traveling to the US.

It's not yet in force and only applies to air travel: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/25/a-proclamation-on-advancing-the-safe-resumption-of-global-travel-during-the-covid-19-pandemic/ "This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 2021." "This suspension and limitation on entry applies only to air travelers to the United States and does not affect visa issuance."

 

I.e. could still fly to Mexico and then cross at a land POE since K-1 is considered "essential travel" https://www.federalregister.gov/documents/2021/10/21/2021-23005/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service