Swerski

Hello,

My wife and I have been working on her k3 visa for just about 13 months now and finally have our interview in Frankfurt on the 1st of April.
We got through her medicals without a problem, except that she has to get this HPV vaccine. We're still working on getting around that. We're talking to my state's senators and what not. Also a few other tricks up our sleeve. Anyone had any experience with this? Any way of getting around it? It's new since January, I guess. We both strongly oppose it for its short time on the market and no real need in our relationship. It seems like there should be an opt out.

Anyhow, since the process is winding down and we'll be heading to the states sooner than later, I was wondering if it's possible for us to file the I-765 from abroad? Are the wait times still only 3 months if filed directly after arrival in the states? Is she eligible to work during these 3 months? Also to apply for a SSN one has to have the EAD right?
I've been searching forums and haven't really found anything for K3's.

Thanks,

Matt

Noorah101

Hi Matt,

I moved your post to the marriage-based visa forum. You'll get more responses here.

I don't know anything about the vaccination, sorry.

As for the I-765, it cannot be filed from abroad. It must be filed from within the USA. Yes, it seems that EAD's based on marriage-based visas are taking around 90 days to process. She is not eligible to work until she has the EAD in her hand. Yes, she must have the EAD in her hand in order to be eligible to apply for the SSN.

K-3's aren't very popular anymore, that's why you don't see much posted out there recently.

Best Wishes,
Rene

Folinskyinla

Hi:

Attached is the current CDC list:

http://www.cdc.gov/NCIDOD/DQ/pdf/ti-...-a_693vacc.pdf

I understand that CDC is CONSIDERING making HPV a recommended vaccine. Has it been added to the list recently? If so, what are the age limits? That may be a work around. Another alternative is for her to get pregnant -- the vaccine is then contraindicated.

If you are unwilling to comply with the medical requirements, you are then unwilling to obtain a visa.

meauxna

All I can say about the vaccine is.. keep posting this, keep looking for other people's stories, and know you are not alone.
I never though about the downside of this vax (& I'm too old to qualify, so never looked into the details) but yours is the 2nd post I've seen in a couple of weeks with the same complaint.

There *should* be an opt out for this, but I don't know where to set you looking.

meauxna

Wow, so those are the options. bleah.

Folinskyinla

Hi:

Those CDC requirements can be quite strict and there is usually no way for an individual to get around them. And BTW, this is the first time I've heard of the HPV shot being required. I remember some years back when CDC did NOT make any exception of the X-ray requirement for TB and pregnant immigrants would balk -- the answer we got -- we'll keep the file pending until the child is born. The CDC later issued guidelines as to when an X-ray was NOT required.

olliewat

I don't know anything concrete about an opt out if the shot is required, but I do know that the shot is not given to women over a certain age in the US (I'm not quite sure what that age is, I just know I'm over it) and it is ADVISED that women have the shot BEFORE becoming sexually active, as that is said to reduce the effectiveness of the vaccine.

I don't need details, but that may be something your wife can speak to the consulate or her doctor about.

Or, like FolinskyinLA said, she could get pregnant.

snowbunny

Yeesh.

It's there:

http://travel.state.gov/visa/immigra...info_1331.html

Is your wife under 26? If so the CDC recommendation is that she have the vaccine.

http://www.cdc.gov/std/hpv/STDFact-H...ne.htm#hpvvac1

Folinskyinla

Hi:

Thanks for these URL's. I see that HPV is a recent addition. These are the rules with no waiver allowed. The only "waiver" allowed is that the vaccine is MEDICALLY contraindicated -- that is a MEDICAL decision. This is similar to the drug dependency determination where one has had a DUI arrest w/i the last two years.

snowbunny

The CDC only recommends the vaccine for 13-26 year olds, and has only tested it in this age group. The wording on the USCIS link is "medically inappropriate" -- not contraindicated. The vaccine is only *appropriate* for those under 26.

This chart:

http://www.cdc.gov/vaccines/recs/sch...dule-6x4-5.pdf

seems to hint at this by only partially shading the left side of the 19-50 year old box.

Swerski

Thanks for all the replies!

She is 26 years old and 3 months, so that leaves us about 9 months short of being free from the vaccine. We've got an appointment with my state senator's foreign office on monday, so hopefully something turns up with that.
We've also thought about the pregnancy thing, but we've got some years of traveling left before we go down that road!
Worse comes to worse, I think we'll stay till she's 27. What's 10 months in the states compared to the health of my wife right?

As for the EAD, I figured as much, but just wanted to make sure.

meauxna

You may want to dig a little bit further... since this is a K visa you're talking about, your wife may have the option to complete her vaccines in the US prior to filing for AOS. Of course, as a K-3 she is not *obligated* to file for AOS the minute she gets here. She could potentially simply wait until after her b-day, get her medical signed off over here and file without the HPV vax.

I don't know the details of this strategy, but it might be possible and more palatable than not moving for 10 months.

The pregnancy? Hopefully you will wait.