OneMoreTime1

4 hours ago, K1visaHopeful said:

Yikes!

@OneMoreTime1did you already send these types of photos?

Like why you received an (unconfirmed) RFE.

 

The "wedding" photos before married was just pre-wedding photos and were never sent.  No official or legal ceremonies were done with that.  This was done after obtaining the K1 visa and just 2 weeks before arrival in US.

The original i485 application had no photos submitted.  The only documents were i485 application, i864, i131, i765, Marriage certificate, etc.  No proof of marriage life besides the marriage certificate were sent.
 

Original application sent in December 2023.  Had the 1st RFE that needed to prove I was a US Citizen for the i864, sent my birth certificate to clear it.  2nd RFE is about the marital life evidence.

RFE Sent March 1, 2024 about Marital Life Together.

For proof that I have yet to send:

• I submitted to have her added to the lease and paid a fee for it.  I will need to reach out to the leasing office to see what official documents they can provide, assuming she was added by them.
• Joint bank account
• Filed taxes jointly, her name and SS# on the tax return
• She is on my work health insurance plan
• no TX DL since they want applicants to have legal stay (i94 expired) and not just pending authorized stay
• "Picture of wedding and other events" - Thanksgiving with family and a vacation

Letter says to provide evidence after the listed date of marriage.

All I have would be:

Joint bank account

Shared health insurance plan

2023 taxes filed under joint marriage

Plane tickets to visit my family + photos of me/wife/family altogether

Plane ticket for vacation + photo of me/wife together there

Legal wedding was CourtHouse so no pictures or anything since both families are far away, only have formal photos related to wedding (not official) the month prior in her home country.

Is this enough?  I submitted my wife to be on the apartment lease and paid the fee but don't see anywhere indicating she is on it...

No state ID/DL, only US ID would be the EAD.

If I upload online do I submit one PDF file with the RFE letter as the first 2 pages then the evidence as the 3rd page?  Do I just submit the evidence as its own file.

Is the copy of RFE letter only if you send in mail?

Or should I submit two separate documents?  RFE letter and evidence as separate files?

On 1/7/2024 at 11:55 AM, Bri and Carlos said:

We’re in the same situation… received by Chicago, IL lockbox on 12/18 and no word yet and no check deposit. Husband will be over the 90 days soon too. I would submit an inquiry just so it’s on file that you did indeed submit something. I plan to send an inquiry as we near 30 days since sending it. 

Check now appears to be cashed.

1 minute ago, Verrou said:

if ur package never been receive by USCIS, if i were u, i will put new date for the signature. there's no harm since u need to have wet signature anyway. just think this way " file like u file a brand new application/ submission". im very OCD and meticulous so i rather start fresh. 

 

it's okay if i94 expired, as long as u married within 90 days since the person come with K1.  just print the copy of i-94 from CBP website. 

 

 

It was received and signed for according to USPS tracking.  I meant lost as in lost at someones desk inside the facility and not the fault of USPS.

If I send in another package and during that time they look at the original, will there be any problems if I cancel the original check?  I assume they would just toss the original once payment doesn't go through.  (havent canceled the check, just a scenario)

i485 package received at Dallas Lockbox on 12/19/23 and have not received any notice or had the payment be processed.

i94 is now expired as of early January.

Can an exact copy of the original package be sent with the original form signature dates in December or will it have to updated to 1/9/24 onwards?  Anything different need to be done given the i94 has expired?

AOS from K1.

AOS package delivered 12/19 and still waiting for notice/check cashed.

Live in TX and sent it to the Dallas, TX lockbox with signature confirmation

https://www.uscis.gov/uscis-lockbox-filing-locations-chart-for-certain-family-based-forms

Out of status as of 1/4/23.  If it gets rejected can the i485 package be resubmitted or does something else need to be done given out of status.

1 hour ago, OnceSavedAlwaysSa said:

@OneMoreTime1 

This is exactly what I am wondering as well. I would like to have my fiance in the United States and then apply for the i-601 vaccine waiver during the adjustment of status process so that we are not separated as we deal with the I-601 waiver. 

 

Here is a post that you may find useful (removed)

Read all of the comments on it on his most recent post with the picture of the envelope. 

 

He denied the vaccines his medical in Australia and they approved his K-1 Visa and he is in now the United States. From what I understand he will need to file the vaccine waiver during the adjustment of status process. 

 

I talked to a lawyer and they confirmed you don't need the vaccines until adjustment of status.  Complete medical without vaccine in foreign country, get k1 issued, arrive in US, then need vaccine or i601 before adjustment of status.

The only hurdle is if the medical exam Dr doesn't know the law and tries to insert their biases onto people.

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.

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.

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?

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.

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

Quote

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/

Quote

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?

What am I supposed to do next?  Wait for an email/letter in the mail?

On the i-797:

Received Date : 11/24/2021

Notice Date: 1/28/2023

Beneficiary: *LAST, FIRST* A220 XXX XXX

Also states it was approved and sent to NVC

Sent an email to NVC on Mar 30 asking if they received anything and they responded today with:

Quote

 

Thank you for your inquiry. Our records do not show that we received your petition. 

 

It can take up to six weeks for an approved petition from the U.S. Citizenship and Immigration Services (USCIS) to arrive at the National Visa Center (NVC). Once we receive it, we will enter your petition into the U.S. Department of State's database systems.

 

For current processing times, please visit our website at https://nvc.state.gov/timeframes for English and https://nvc.state.gov/plazos for Spanish. If your approved petition was sent to NVC later than the listed processing times, you do not need to take any action.

 

If your petition was approved before the dates NVC is working on, please send us a scanned copy of your I-797 or I-171 Notice of Action - Approval Notice.  You can attach it to an email and send it to nvcresearch@state.gov.

 

·           In the subject line of your email, please type only the receipt number from your I-797 Approval Notice.

·           If you have more than one petition, send a separate email for each petition

·           Once we receive the copy of your approval notice, we will contact USCIS to find your petition.

 

Before you send us an email, please check your Notice of Action and make sure it says your petition was approved and sent to NVC.  If it says that USCIS kept your petition, or if it is not an approval, contact USCIS for more information. You can contact them on their website at https://uscis.gov, or by telephone at 1-800-375-5283.

 

Is this normal or will I have to send them a scanned copy of the i-797?

I have lived at the same address my whole life, what do I put as the start "Date From" date.  My birthday, when I turned 18, any date >5 years ago?

For Beneficiary work/address history, Thai addresses are very long and don't fit well in the fields on the I-29F form.  Can I just attach a piece of paper and list the full address and date on it?  Same question for work history.  What would I fill in 14a in this case, "See Additional Information" or leave blank? 

Is it ok to use estimated dates if you do not know the exact date (only month/year known)?  Example: Jan1 2018 - May31st 2018.

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