Covid entry for K1 - counts as non-immigrant so now needs vaccine???

[Destin 6]

Hi!

The CDC now says all non-immigrant visas (K visas) need to have both vaccine shots now rather than just a negative test.

She got one vaccine shot but might not get the 2nd in time (needs 2 weeks before flight on Dec 9).

Is there a way around this? Worried that she won't be allowed to fly and I'll have to cancel/rebook a flight.

[powerpuff 6,057]

Can you provide a link from cdc that shows this new information?

[Destin 6]

https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html

 

• If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country.

 

[powerpuff 6,057]

5 hours ago, Destin said:

https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html

 

• If you are a non-U.S. citizen who is a nonimmigrant (not a U.S. citizen, U.S. national, lawful permanent resident, or traveling to the United States on an immigrant visa), you will need to show proof of being fully vaccinated against COVID-19 before you travel by air to the United States from a foreign country.

 

Yep, reading the page looks like K1s were classified as non immigrant “covered” individuals. They are also really stressing being fully vaccinated. The only way around I see is if the state secretary declares K1s are national interest exemptions so they’ll be exempt altogether. I don’t see that happening though. I would rebook the flight just to be safe.

[Merica-n 65]

On 11/19/2021 at 11:14 PM, Destin said:

Is there a way around this? Worried that she won't be allowed to fly and I'll have to cancel/rebook a flight.

People have suggested flying to Mexico and crossing via land border into the USA as a viable way around this.  Mexico doesn't have a vaccination requirement or quarantine upon entry.

 

Land Borders allow unvaccinated entry exception for essential travel until January.

Edited November 22, 2021 by Merica-n

[NandV 87]

On 11/22/2021 at 6:26 AM, Merica-n said:

People have suggested flying to Mexico and crossing via land border into the USA as a viable way around this.  Mexico doesn't have a vaccination requirement or quarantine upon entry.

 

Land Borders allow unvaccinated entry exception for essential travel until January.

Do you have proof of this? What is she going to do if she is denied entry? Also, she will probably need to be fully vaccinated to apply for AOS. It's better to reschedule the flight

[slavaskii 885]

My understanding of this is that the vaccination requirement 100% applies to K1 holders, and you have to think, too, that if we have such little clarity, what will the gate agents think? K1 is a non-immigrant visa by definition, a Google search will tell you that. You won't be able to argue with them the particularities of it actually being processed in the immigrant category.

 

Surprised we've yet to have someone traveling on a K1 give us a definitive answer to this. Even if they were vaccinated and not worried about the requirement, it would be interesting to know if they were even asked for a certificate. 

 

OP, I feel like it's in the interest of your sanity to rebook the flight. Ensure as well that she waits the requisite time after her second dose before flying out.

[ryvfader 45]

The CDC website appears to be pretty clear on this now. Additionally since this extra clarification was not on the CDC website at the time of our interview we asked during the interview and the answer was very clearly no, you will not be permitted on a flight to the US as a K1 holder without a completed WHO approved vaccine unless you meet one of the exception criterias. 

 

I would look into the rebooking options under the COVID flexibility now as most airlines seem to be offering free rebooking just paying any cost differences in the flights. 

 

Quote

The Presidential Proclamation and CDC’s Order do not apply to immigrants (including Special Immigrant Visa holders). An immigrant is any non-U.S. citizen who has a visa listed in “Immigrant Visa Categories” on the U.S. Department of State’s webpage Directory of Visa Categoriesexternal icon; it does not include K nonimmigrant visa holders, who are Covered Individuals (see below).

Quote

Noncitizens, Nonimmigrants (Covered Individuals)

Noncitizens who are nonimmigrants and seeking to enter the United States by air are required to show proof of being fully vaccinated against COVID-19 before boarding a flight to the United States from a foreign country.

If you are not fully vaccinated against COVID-19, you will NOT be allowed to board a flight to the United States, unless you meet the criteria for an exception under the Proclamation and CDC’s Order.

 

Edited November 26, 2021 by ryvfader

[Merica-n 65]

On 11/24/2021 at 12:58 AM, NandV said:

Do you have proof of this? What is she going to do if she is denied entry? Also, she will probably need to be fully vaccinated to apply for AOS. It's better to reschedule the flight

The following comes from the link below regarding land border entry ONLY:

Note:  Individuals engaged in essential travel will not be required to be vaccinated for COVID-19 at this time. Starting in January 2022, however, all inbound foreign national travelers seeking to enter the United States via land ports of entry or ferry terminals – whether for essential or non-essential reasons – must be fully vaccinated for COVID-19 and provide related proof of vaccination.

 

https://help.cbp.gov/s/article/Article-1694?language=en_US

Edited November 26, 2021 by Merica-n