Is the covid vaccine required to be completed by the medical before K1 Interview or before AOS once in the US?

[OneMoreTime1 6]

Since receiving the covid vaccine is no longer required to enter the US, is it required at the time of the medical exam before the K1 visa interview?

 

I can't see any legal code indicating that it is for non-immigrant visas (K1) but still see conflicting information.

 

Can all vaccines not be taken at the medical exam with the assumption that they will be taken:

1. After being issued a K1 Visa
2. Entry into the US
3. Before AOS once already in the US?

 

 

 

Bangkok, TH Embassy

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BNK-Bangkok.html

Quote

IMPORTANT NOTICE TO IMMIGRANT AND FIANCE(E) K VISA APPLICANTS CONCERNING VACCINATION REQUIREMENTS

United States immigration law requires immigrant and fiancé(e) K visa applicants to obtain certain vaccinations (listed below) prior to the issuance of a visa.  Panel physicians who conduct medical examinations are now required to verify that visa applicants have met the new vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

 Diphtheria, tetanus, and pertussis

 measles, rubella, and mumps

 Polio (inactivated) or (live oral)

 Hepatitis A

 Hepatitis B

 Haemophilus influenzae type b(Hib)

 Varicella

 Pneumococcal for adults

 Pneumococcal for children

 Meningococcal

 Influenza

 Rotavirus

 Covid 19 

To assist the panel physician and avoid processing delays, all immigrant and fiancé(e) K visa applicants should have their vaccination records available for the panel physician's review at the time of the medical examination. You should consult with your regular health care provider to obtain a copy of your immunization record if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirements.  Certain waivers of the vaccination requirements are available upon the recommendation of the panel physician.

Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history, and current medical condition.

 

 

https://fam.state.gov/fam/09fam/09fam030202.html

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c.  (U) Medical Examination for K Applicants:

(1)  (U) Vaccinations:  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 NIV applicants, K applicants are not subject to the INA 212(a)(1)(A)(ii) vaccination requirement.  However, we and DHS have agreed that medical exams for K visa applicants should include the vaccination assessment as a matter of expediency.  Therefore, you should make every effort to encourage K 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.

(2)  (U) After the applicant is admitted to the United States in K status and applies for adjustment of status based on the relationship to the U.S. citizen named in the approved Form I-129-F, Petition for Alien Fiancé(e), DHS will use the panel physician's findings set forth on the Form DS-3025 to determine the applicant's admissibility on medical grounds.  Where the applicant has fully met the vaccination's requirements of INA 212(a)(1)(A)(ii), as indicated on the Form DS-3025, no further action is required.  Applicants who have not fully satisfied the vaccination requirements, however, will have to do so before they may finalize their adjustment of status in the United States (unless otherwise entitled to an individual or blanket waiver from DHS).

 

 

 

Not involved with Japan but contradiction here compared to Thailand's statement

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

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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. Some waivers for the COVID vaccination will still be applicable, including if the vaccine is not age appropriate. Panel physicians will begin screening applicants for age-appropriate COVID-19 vaccinations on October 1, 2021. Medical exams completed prior to that date will not be subject to this requirement, regardless of when the immigrant visa is issued and when the traveler enters the United States. Additional information is available from the Centers for Disease Control and Prevention (CDC).

 

 

 

 

Bangkok embassy says US immigration law requires vaccines to be taken for K1 visa applicants.  The second link says they are not required for K applicants and K visa applicants cannot be be refused for not meeting vaccination requirements.  Third link from Japan embassy says covid vaccine not required for the medical exam.  What are the facts?

 

 

[OneMoreTime1 6]

https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/vaccinations.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fimmigrantrefugeehealth%2Fpanel-physicians%2Fcovid-19-technical-instructions.html#covid-19-vaccination

Quote

Vaccination Documentation for Nonimmigrants

The vaccination history of all applicants submitting for an examination by a US panel physician should be reviewed and vaccinations they have previously received should be documented on the DS-3025 Form, even if they are nonimmigrants who are not required to meet vaccination requirements prior to travel to the United States.

Although refugees and K visa applicants are not required to receive vaccines before traveling to the United States, they must meet the vaccination requirements when applying for adjustment of status or permanent resident status in the United States. Therefore, for these applicants, panel physicians must complete a DS-3025 Form if the applicant provides reliable vaccination records. A copy of this form must be provided to the applicant for use as his or her vaccination record in the United States.

 

[Chancy 6,233]

45 minutes ago, OneMoreTime1 said:

Since receiving the covid vaccine is no longer required to enter the US, is it required at the time of the medical exam before the K1 visa interview?

 

DOS policy allows K1 applicants to not be completely vaccinated at the time of the visa medical.  If the applicant opts for such, the DS-3025 worksheet will be marked as "K visa applicant electing not to be vaccinated at medical examination".  BUT, depending on the visa medical clinic, it could be very difficult to opt out, as the clinics are tasked by DOS to "make every effort to encourage K visa applicants to meet the vaccination requirements before admission to the United States".

 

You already quoted the relevant section from the DOS manual -- https://fam.state.gov/fam/09fam/09fam030202.html

 

[OneMoreTime1 6]

7 minutes ago, Chancy said:

 

DOS policy allows K1 applicants to not be completely vaccinated at the time of the visa medical.  If the applicant opts for such, the DS-3025 worksheet will be marked as "K visa applicant electing not to be vaccinated at medical examination".  BUT, depending on the visa medical clinic, it could be very difficult to opt out, as the clinics are tasked by DOS to "make every effort to encourage K visa applicants to meet the vaccination requirements before admission to the United States".

 

You already quoted the relevant section from the DOS manual -- https://fam.state.gov/fam/09fam/09fam030202.html

 

 

Why would it be difficult if you say no and reference the law which states "Nevertheless, you may not refuse K visa applicants for refusing to meet the vaccination requirements."

 

I am worried about the Dr in doing whatever they want instead of what is legally allowed by/for the applicant.  If the K1 visa applicant says no and states the vaccines will be taken in the US before AOS, can the Dr still do something to make them fail the interview?

 

Is every effort defines as begging the applicant or threatening to signing off for them to be inadmissible?

Edited May 24, 2023 by OneMoreTime1

[Chancy 6,233]

4 minutes ago, OneMoreTime1 said:

Is every effort defines as begging the applicant or threatening to signing off for them to be inadmissible?

 

At the visa medical clinic in the Philippines, yes -- it requires a LOT of arguing to be allowed to clear the K1 medical without completing all required vaccinations.  I have no experience with visa medical clinics in other countries.

 

Update your VJ profile or list your beneficiary's country so those familiar with the clinic(s) at that country may share relevant experience.

 

[powerpuff 5,982]

12 minutes ago, OneMoreTime1 said:

Why would it be difficult if you say no and reference the law which states

Because we have read others’ experiences on here.

 

12 minutes ago, OneMoreTime1 said:

can the Dr still do something to make them fail the interview?

Not really. Whatever findings or remarks they have will be sent to the consulate where a CO makes a final decision.

12 minutes ago, OneMoreTime1 said:

Is every effort defines as begging the applicant or threatening to signing off for them to be inadmissible?

Looks like you’ll just have to go the medical and find out what happens.

Edited May 24, 2023 by powerpuff

[Kawika & Michelle 108]

What would be the benefit or reason to not take the vaccinations when it is offered if you fully intend to do so later in the process?

[JeanneAdil 6,255]

What USCIS Says

 

 

https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements#:~:text=A. If you refuse to,resident status may be denied.

 

 

A. Under the Immigration and Nationality Act (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant or who seeks adjustment of status to that of a lawful permanent resident, who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission or adjustment of status.

[OneMoreTime1 6]

3 minutes ago, JeanneAdil said:

What USCIS Says

 

 

https://www.uscis.gov/tools/designated-civil-surgeons/vaccination-requirements#:~:text=A. If you refuse to,resident status may be denied.

 

 

A. Under the Immigration and Nationality Act (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant or who seeks adjustment of status to that of a lawful permanent resident, who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission or adjustment of status.

 

Then there should be no problem entering the US on a non-immigrant K1 Visa if the applicant received no vaccines at the medical.

 

4 hours ago, Kawika & Michelle said:

What would be the benefit or reason to not take the vaccinations when it is offered if you fully intend to do so later in the process?

 

Because from what I've seen, the law allows non-immigrant K1 Visa applicants to make their own choice on if they want to receive vaccines during the medical or in the US. 

 

Certain vaccine requirements may also be dropped by the time AOS is needed and there are more vaccine brand options in the US than Thailand.

 

[JeanneAdil 6,255]

3 minutes ago, OneMoreTime1 said:

 

Then there should be no problem entering the US on a non-immigrant K1 Visa if the applicant received no vaccines at the medical.

 

 

Because from what I've seen, the law allows non-immigrant K1 Visa applicants to make their own choice on if they want to receive vaccines during the medical or in the US. 

 

Certain vaccine requirements may also be dropped by the time AOS is needed and there are more vaccine brand options in the US than Thailand.

Need to read the whole USCIS page/its not just "i want to wait and get in the US" 

 

Your case can be denied (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission

Q. What will happen if I refuse to receive one or all of the required vaccines?

A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:

• You are opposed to all vaccinations in any form– a waiver may not be granted if you only object to specific vaccinations;
• Your objection must be based on religious beliefs or moral convictions; and
• The religious or moral beliefs must be sincere.

[OneMoreTime1 6]

2 minutes ago, JeanneAdil said:

Need to read the whole USCIS page/its not just "i want to wait and get in the US" 

 

Your case can be denied (INA) section 212(a)(1)(A)(ii), a noncitizen who seeks admission as an immigrant who fails to show proof that they were vaccinated against vaccine-preventable diseases, is inadmissible and therefore ineligible for admission

Q. What will happen if I refuse to receive one or all of the required vaccines?

A. Tell the civil surgeon if you do not wish to receive the required vaccines or a particular vaccine. You should also tell the civil surgeon the reason you do not wish to receive the vaccine(s). In this case, a waiver may be available to you, but only under the following circumstances:

• You are opposed to all vaccinations in any form– a waiver may not be granted if you only object to specific vaccinations;
• Your objection must be based on religious beliefs or moral convictions; and
• The religious or moral beliefs must be sincere.

 

It states admission as an immigrant. The K1 Visa is a non-immigrant visa so they will be entering as a non-immigrant.

[JeanneAdil 6,255]

30 minutes ago, OneMoreTime1 said:

 

It states admission as an immigrant. The K1 Visa is a non-immigrant visa so they will be entering as a non-immigrant.

USCIS  uses nonimmigrant and immigrant interchangable for K1

 

its immigrant if u look up your case status on CEAC site 

[Kawika & Michelle 108]

1 hour ago, OneMoreTime1 said:

Certain vaccine requirements may also be dropped by the time AOS is needed and there are more vaccine brand options in the US than Thailand.

 

Interesting. Since we are not allowed to pick our physicians for the medical exams, I simply assumed that these were already selected & verified by the US as acceptable medical facilities & by extension their medications as well. I personally would want my loved ones vaccinated as quickly as possible if they weren't already vaccinated previously especially if they are in countries where some of the diseases we take for granted here in the US may still be running rampant or at least in the general populace.

 

It's also interesting to think that they are allowing some travelers to enter our country unvaccinated & potentially carrying diseases with them.

[Redro 4,602]

1 hour ago, OneMoreTime1 said:

 

Then there should be no problem entering the US on a non-immigrant K1 Visa if the applicant received no vaccines at the medical.

 

 

Because from what I've seen, the law allows non-immigrant K1 Visa applicants to make their own choice on if they want to receive vaccines during the medical or in the US. 

 

Certain vaccine requirements may also be dropped by the time AOS is needed and there are more vaccine brand options in the US than Thailand.

 

Many AOS cases are being processed extremely quickly without interview (think under 5 months). Whilst others are taking over 1 year… I do not think the COVID vaccine requirement is going away anytime soon… intending immigrants are still expected to get the flu vaccine during certain times of the year. 
Be aware, not completing the medical overseas can lead to needing to redo the entire medical in the US even if you’re only going to the approved doctor for the COVID vaccine. And if you do refuse the vaccine you’ll need to complete the waiver. If this is the route you take I suggest your partner refuses ALL vaccines at her medical not just COVID. 

Edited May 25, 2023 by Redro

[powerpuff 5,982]

6 hours ago, Kawika & Michelle said:

What would be the benefit or reason to not take the vaccinations when it is offered if you fully intend to do so later in the process?

Not to mention it will cost hundreds of dollars to be done in the US as most civil surgeons require a re-do of the medical.