Vaccination requirements for K1 visa

[Boiler 43,859]

Well at the moment it says it is good to the end of the month, I can not think of a logical reason for an extension but it is political

[slavaskii 885]

I mean the covid vaccine is "mandated" by two parts of the K1 process - first, medical, and second, flights. For flights, it does seem like the waiver could be extended, though that's a bridge to cross at the very end of the process (which will be a while, especially if you don't have the visa yet - please fill in timeline!). For the medical, however, the same exam is done for both immigrants and K1 visa holders. I've seen language 'differ' from embassy-to-embassy; some explicitly say it is required, others are silent but the covid shot is nonetheless checked at the interview. 

 

K1 is tricky in this regard because my understanding is that fiance(e)s are allowed to have the doctor sign-off without the full vaccines done, but they'll be labeled inadmissible by the embassy and will need to do what they're missing in the US. I've also heard, however, that some doctors are explicitly not signing the medical form absent the covid shot particularly. Regardless, though, I have a very hard time imagining the waiver to ever be granted even in the US. I defer to other posters, but that reason strikes me as highly insufficient and it's best, in my opinion, to have a conversation with her now. Good luck. 

[Jakek2525 6]

We meet all the requirements for the exemption.  My only hope is they will extend it.  We pick up our medical exam papers on Wednesday in Luxembourg.   We have received NOA2 and are having NVC transfer our case to the  Belgium Embassy.   We also have our 3 month old son with us who fortunately got his CRBA and passport in Kyiv before things went south.

[Irina and Chris 12]

Could be that she can easily enter the US as a refuge seeking asylum.  Many Ukrainians are passing through into California from Mexico.  

[Socalked 3]

On 3/27/2022 at 5:05 PM, Irina and Chris said:

Could be that she can easily enter the US as a refuge seeking asylum.  Many Ukrainians are passing through into 

 

Edited March 29, 2022 by Socalked

[Jakek2525 6]

Walking across the border is not a option with our 3 month old son.

[millefleur 5,039]

**One non-contributory post removed.**

 

VJ Moderation

[millefleur 5,039]

13 hours ago, Jakek2525 said:

Walking across the border is not a option with our 3 month old son.

Ukrainians are currently exempt from Covid vaccine requirements. See info here:

https://travel.state.gov/content/travel/en/News/visas-news/information-for-nationals-of-Ukraine.html

 

COVID-19 Entry Requirements

The U.S. Centers for Disease Control and Prevention (CDC) has exercised its enforcement discretion to allow certain persons from Ukraine to travel to the United States without a pre-departure COVID-19 test until April 1.  For more information, please refer to the CDC website at: https://www.cdc.gov/quarantine/fr-proof-negative-test.html.

 

The U.S. Department of Homeland Security (DHS) has amended the national interest exception from Presidential Proclamation 10294, which allows certain Ukrainian travelers to the United States to enter without showing proof of COVID-19 requirements.  For more information, please refer to the DHS website at: https://www.dhs.gov/publication/national-interest-exception-presidential-proclamation-10294.

Edited March 29, 2022 by millefleur

[Natafaith 3]

On 3/25/2022 at 10:37 AM, powerpuff said:

I think so. From the DHS memo:

”I determined it is in the national interest to permit temporarily the entry of noncitizen nonimmigrants who (1) are traveling with a U.S. citizen or lawful permanent resident; (2) were physically present in Ukraine as of February 10, 2022; and (3) possess valid travel documents allowing them to travel to the United States (the "February 15th Exception"). Accordingly, and consistent with the terms of the February 15th Exception, these individuals are permitted to enter the United States without showing proof of COVID-19 vaccination prior to traveling to the United States.”

https://www.dhs.gov/sites/default/files/2022-02/22_0228_S1_national-interest-exemption-amended.pdf

 

It says it hey extended it until April 1st, 2022. It’s likely they’ll extend it again

They already extended until April 30th..

[Jakek2525 6]

Well we had our interview on Tuesday.   The consular officer did not know about the exemption.   But after studying it he claimed it would not help because (3) must possess valid documents allowing travel to the US.   In order to get the documents she must get the vaccine he said 😫.    He wrote USCIS to see if they will grant a waiver for breastfeeding for the visa.  Then we can use the CDC exemption for the flight 🤞.   

[Jakek2525 6]

I was also looking on CDC website and saw this.   Can anyone explain?   It says K visa applicants are not required the vaccine. Was updated October 14

[Boiler 43,859]

That does not sounded right, for a K1 the waiver is filed when you seek adjustment including the new medical

 

Also not sure what breastfeeding has to do with this

[slavaskii 885]

6 minutes ago, Boiler said:

That does not sounded right, for a K1 the waiver is filed when you seek adjustment including the new medical

 

Also not sure what breastfeeding has to do with this

Yes, this whole situation is a bit confusing. USCIS doesn't grant 'waivers' like this from what I understand; moreover, the waiver the official seems to be implying OP needs would come from the CDC, not USCIS. They're the ones with the order that prevents his fiancee from getting on the plane. If the shot isn't required for medical, then it's not required for being issued the visa. 

 

Regardless, consular non-reviewability dictates OP should listen to what the Embassy says and not risk a rejection over this.

 

[Boiler 43,859]

Seems the Ukrainian pass is still valid so on that basis then a misinformed IO, to be fair not a common situation 

[powerpuff 6,058]

2 hours ago, Jakek2525 said:

In order to get the documents she must get the vaccine he said

He’s clearly misinformed, she can opt out of the vaccines at her medical. Not sure what could be done here, hopefully they will realize this and issue the visa