IR1/CR1 Interview timeframes in Warsaw

[JayFromTexas 60]

1 hour ago, nekotakacho said:

Have you ever seen a holding cell at the border? Do you think your Russian wife could survive it? Be my guest if you think she’d do it. My Russian wife would never do it. Might as well just cross the river at my godparents farm in Progreso Texas. I’m not kidding either…I too often ponder why we go the legal route…when it’s so much easier and convenient to walk into the USA and claim asylum.

If someone enters the US on a tourist visa and then requests asylum, are they held in the same holding facilities? Anybody know?

[TBoneTX 43,422]

1 hour ago, JayFromTexas said:

If someone enters the US on a tourist visa and then requests asylum, are they held in the same holding facilities? Anybody know?

If they enter by air and are routinely admitted on their tourist visas, then no.

Venezuelans with tourist visas enter routinely by air and only later claim asylum, not mentioning same at POE.

Trying to enter at a land POE would certainly raise questions ("if you're Russian, why are you entering through a Mexican land-crossing?").

[BenNomad 86]

3 hours ago, nekotakacho said:

Have you ever seen a holding cell at the border? Do you think your Russian wife could survive it? Be my guest if you think she’d do it. My Russian wife would never do it. Might as well just cross the river at my godparents farm in Progreso Texas. I’m not kidding either…I too often ponder why we go the legal route…when it’s so much easier and convenient to walk into the USA and claim asylum.

I absolutely would not ask my wife to do that, I was joking about that part. But an acquaintance's brother just went through it and reported back that it was "not too bad".

[BenNomad 86]

6 hours ago, Simplytex said:

Definitely apply for k3 visa, that's a starting point (I got approved at USCIS in 4 months because of it.) 

 

There's something really messed up that you can't apply for DCF at Warsaw (since it's the designated embassy for Russian applications.) Have you tried asking about that? Also, try getting congressional reps to help for your state of domicile (if you have one?)

Thanks for those suggestions. Hadn't thought about contacting a congressional rep. I had looked into the K3 awhile ago but assumed it didn't apply since I'm not separated from my wife. And I read that she'd be required to apply in Russia since that's where we got married. Considering the consulate in Moscow is only offering emergency services, I didn't think it was an option. 

 

Getting back to your original question about timing the trip to Warsaw, have you considered the Covid vaccination requirement (if your wife isn't already vaccinated with an approved vaccine)? It was something I almost overlooked. For the unvaccinated, the time required between first and second doses could really affect travel plans.

[Simplytex 387]

50 minutes ago, BenNomad said:

Thanks for those suggestions. Hadn't thought about contacting a congressional rep. I had looked into the K3 awhile ago but assumed it didn't apply since I'm not separated from my wife. And I read that she'd be required to apply in Russia since that's where we got married. Considering the consulate in Moscow is only offering emergency services, I didn't think it was an option. 

 

Getting back to your original question about timing the trip to Warsaw, have you considered the Covid vaccination requirement (if your wife isn't already vaccinated with an approved vaccine)? It was something I almost overlooked. For the unvaccinated, the time required between first and second doses could really affect travel plans.

K3 application is sent to the Dallas, Tx USCIS office for intake, so really that would be your 'hardest' part (maybe you can send to friend or family from Russia, and they can post it internally in the US?) It basically looks like the I130 application, except for K-type visas and has a decent chance of getting your I-130 approved faster if thats what you are looking for. https://www.uscis.gov/i-129f

 

When you are talking about Covid vaccination requirement, do you mean as an entry requirement to get into Poland, or to get into the US? If talking about Poland, that is essentially a moot point since Russians aren't going to be entering Poland directly, rather via a different Schengen country. If talking about getting into the US, then COVID vaccination requirement has a blanket waiver for countries where an 'approved' vaccine isn't available, that includes Russia (under the 'not routinely available' waiver.) So, do the medical exam in Moscow, 'approved' vaccine isn't available, get waiver, get sent to Poland with acceptable medical packet, do interview. No problems, at least as reported by other forum members.

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

https://travel.state.gov/content/travel/en/News/visas-news/changes-to-vaccination-requirements-for-immigrant-visa-applicants.html

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

[BenNomad 86]

52 minutes ago, Simplytex said:

K3 application is sent to the Dallas, Tx USCIS office for intake, so really that would be your 'hardest' part (maybe you can send to friend or family from Russia, and they can post it internally in the US?) It basically looks like the I130 application, except for K-type visas and has a decent chance of getting your I-130 approved faster if thats what you are looking for. https://www.uscis.gov/i-129f

 

When you are talking about Covid vaccination requirement, do you mean as an entry requirement to get into Poland, or to get into the US? If talking about Poland, that is essentially a moot point since Russians aren't going to be entering Poland directly, rather via a different Schengen country. If talking about getting into the US, then COVID vaccination requirement has a blanket waiver for countries where an 'approved' vaccine isn't available, that includes Russia (under the 'not routinely available' waiver.) So, do the medical exam in Moscow, 'approved' vaccine isn't available, get waiver, get sent to Poland with acceptable medical packet, do interview. No problems, at least as reported by other forum members.

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

https://travel.state.gov/content/travel/en/News/visas-news/changes-to-vaccination-requirements-for-immigrant-visa-applicants.html

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

Thanks. I was talking about the US vaccination requirement. I didn't know the medical exam could be done in Moscow. Ugh. According to the "rules", the medical exam must be done in the same country where the interview takes place. Didn't see anywhere that it could be performed in Russia, but now after searching it directly, I found that information. Probably too early for my wife to get a medical exam done anyway - more than a year before the interview? In any case, we are leaving Russia very soon and have no plans to come back. 

 

Best of luck to you and your wife! 

 

[Simplytex 387]

8 hours ago, BenNomad said:

Probably too early for my wife to get a medical exam done anyway - more than a year before the interview?

Thats correct - medical exams have a 6mo validity, but also you will probably have to show an interview appointment letter to be able to schedule an exam.

 

Good luck and feel free to ping me with any questions. I'm curious to know how you get on with temporary relocation and if that might qualify you for interviewing at an embassy other than Warsaw.

[Crazy Cat 39,637]

8 hours ago, BenNomad said:

Probably too early for my wife to get a medical exam done anyway - more than a year before the interview?

Much, much too early.  Medicals expire after 6 months.  Visa expires when the medical exam expires.

Edited October 23, 2022 by Crazy Cat

[JayFromTexas 60]

10 hours ago, Simplytex said:

When you are talking about Covid vaccination requirement, do you mean as an entry requirement to get into Poland, or to get into the US? If talking about Poland, that is essentially a moot point since Russians aren't going to be entering Poland directly, rather via a different Schengen country. If talking about getting into the US, then COVID vaccination requirement has a blanket waiver for countries where an 'approved' vaccine isn't available, that includes Russia (under the 'not routinely available' waiver.) So, do the medical exam in Moscow, 'approved' vaccine isn't available, get waiver, get sent to Poland with acceptable medical packet, do interview. No problems, at least as reported by other forum members.

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

https://travel.state.gov/content/travel/en/News/visas-news/changes-to-vaccination-requirements-for-immigrant-visa-applicants.html

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

I'm not sure the blanket waiver covers Russia. I asked that question in the IR1/CR1 Tourist Visa forum and the answer was no, Russia isn't included in the blanket waiver. It is thought that this is another way to restrict the number of Russians immigrating to the U.S.

 

I realize that Tourist visas as different than immigrant visas, but the answers to my question address immigrant visas too.

Edited October 23, 2022 by JayFromTexas

[Simplytex 387]

3 hours ago, JayFromTexas said:

I'm not sure the blanket waiver covers Russia. I asked that question in the IR1/CR1 Tourist Visa forum and the answer was no, Russia isn't included in the blanket waiver. It is thought that this is another way to restrict the number of Russians immigrating to the U.S.

Tourist vs IV have different requirements. For instance, see here:

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

But then read the sections about Immigrants( Even K-visa is technically not an immigrant so they aren't excepted from the rules "The Presidential Proclamation and CDC’s Amended 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 Categories; it does not include K nonimmigrant visa holders, who are Covered Individuals (see below).") vs Non-Immigrants and the proof of vaccination requirements

[slavaskii 885]

6 hours ago, JayFromTexas said:

I'm not sure the blanket waiver covers Russia. I asked that question in the IR1/CR1 Tourist Visa forum and the answer was no, Russia isn't included in the blanket waiver. It is thought that this is another way to restrict the number of Russians immigrating to the U.S.

 

I realize that Tourist visas as different than immigrant visas, but the answers to my question address immigrant visas too.

 

1 hour ago, Simplytex said:

Tourist vs IV have different requirements. For instance, see here:

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

But then read the sections about Immigrants( Even K-visa is technically not an immigrant so they aren't excepted from the rules "The Presidential Proclamation and CDC’s Amended 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 Categories; it does not include K nonimmigrant visa holders, who are Covered Individuals (see below).") vs Non-Immigrants and the proof of vaccination requirements

You guys have everything right, but to put it in a flowchart:

1. US Citizens, LPRs, and immigrants are exempt from all COVID vaccine regulations for entry.

2. K-1 is non-immigrant. If K-1 traveling to the US, you need a COVID vaccine approved by the CDC / WHO (i.e., no Sputnik) unless you qualify for the 'not available' waiver.

3. Because Russia and Belarus are not listed on that waiver, all citizens of Russia and Belarus need a CDC / WHO vaccine to fly to the US.

4. There is no longer a requirement for a negative COVID test as of June 2022.

[Simplytex 387]

3 hours ago, slavaskii said:

 

You guys have everything right, but to put it in a flowchart:

1. US Citizens, LPRs, and immigrants are exempt from all COVID vaccine regulations for entry.

2. K-1 is non-immigrant. If K-1 traveling to the US, you need a COVID vaccine approved by the CDC / WHO (i.e., no Sputnik) unless you qualify for the 'not available' waiver.

3. Because Russia and Belarus are not listed on that waiver, all citizens of Russia and Belarus need a CDC / WHO vaccine to fly to the US.

4. There is no longer a requirement for a negative COVID test as of June 2022.

May I ask, against point 3, where do you find the list of countries for the waiver? I've just never seen it so I'm surprised to hear that. My understanding (which can definitely be wrong) was that doing the medical exam in Moscow meant that an 'approved' vaccination cannot be given, therefore a waiver is granted for the medical exam/vaccination records. And that therefore, the problem for many fiance visas was that they would need to get a vaccination elsewhere, while spouses would avoid the requirement at both the medical exam and travel/entry.

[To_the_moon 94]

16 minutes ago, Simplytex said:

May I ask, against point 3, where do you find the list of countries for the waiver? I've just never seen it so I'm surprised to hear that. My understanding (which can definitely be wrong) was that doing the medical exam in Moscow meant that an 'approved' vaccination cannot be given, therefore a waiver is granted for the medical exam/vaccination records. And that therefore, the problem for many fiance visas was that they would need to get a vaccination elsewhere, while spouses would avoid the requirement at both the medical exam and travel/entry.

https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html#anchor_1635183089047

Scroll down to Table 4 "List of Foreign Countries with Limited COVID-19 Vaccine Availability"

 

As you can see, the list is very limited and Russia is not on it. But you were right, if immigrant visa applicants (i.e wives/husbands) do the medical exam in Moscow, they will get the COVID waiver for limited availability of the vaccine. Their visas would have a note saying they are allowed to board the plane to the US without vaccination. However, non-immigrant applicants (fiancés/fiancées) would still need to get vaccinated somewhere else, as this waiver does not apply to them. 

 

Let me clarify the process for medical examination in Moscow for immigrant and non-immigrant applicants:

For immigrant - You must have all vaccinations prior to immigrating to the US, if you don't have the WHO approved COVID vaccine, you'll get an "incomplete" status on your medical examination and COVID waiver to board the plane, due to limited availability, as mentioned earlier. This "incomplete" status does not affect the visa but when your wife arrives in the U.S. she'll need to complete her medical examination and get vaccinated in the U.S.

For non-immigrants - They get "complete" status even without WHO approved vaccine, Sputnik is enough. My fiancé had his medical exam in Moscow and it was marked complete with the Sputnik. However, he's getting a Pfizer vaccine in Turkey so that he can board the plane to the U.S. 

 

Note that this applies to the medical exam done in Moscow, if you will be completing it somewhere else, the rules will be different. For example, Israel will require you to get WHO approved vaccine prior to completing medical examination there for immigrant visas, because they cannot grant you the waiver for limited availability (Israel does have Pfizer). On the other hand, for non-immigrant visas Sputnik is enough. They will mark you "complete". But you'll still need to get it yourself to board the plane😁

 

This is ridiculously complicated. 

[slavaskii 885]

37 minutes ago, Simplytex said:

May I ask, against point 3, where do you find the list of countries for the waiver? I've just never seen it so I'm surprised to hear that. My understanding (which can definitely be wrong) was that doing the medical exam in Moscow meant that an 'approved' vaccination cannot be given, therefore a waiver is granted for the medical exam/vaccination records. And that therefore, the problem for many fiance visas was that they would need to get a vaccination elsewhere, while spouses would avoid the requirement at both the medical exam and travel/entry.

Of course! Here you are. It's absolutely ridiculous, honestly, that the list doesn't include countries where the vaccine simply does not exist. I agree entirely with @JayFromTexas, it's clear discrimination against Russians and Belarusians, there's absolutely no other way to cut it. And nobody will make a fuss about it, either, so that's where things stand.

 

I'm not entirely familiar with how the medical exam waiver works; my wife got Janssen in Croatia to preempt this problem, which thankfully saved us a huge headache. My understanding was that, at the time, you were allowed to 'complete' medical as a K-1 without the COVID shot but then you'd have to get it in the States before AOS. I could be entirely wrong, but the situation way back when was very unclear. Because the one thing that didn't change for sure is the COVID requirement for travel, that's the one I always tell people to go by. 

 

Edit: Sniped by @To_the_moon 

Edited October 24, 2022 by slavaskii

[TBoneTX 43,422]

Yet again, the strange "hybrid" nature of the K-1 is exposed -- a nonimmigrant visa with immigrant intent.

Pulling hard here for everything to work out smoothly.