Illiria

Technically - Yes. America can refuse a visa if they feel he is habitual drunkard. That’s one of the questions on the adjustment of status application that comes later. Now at his interview they may allow him to present evidence he isn’t or they may just reject or they may allow him to just be rejected for a year to prove he isn’t and for those in the past with drug consumption they want to see that he complete testing in that year to show that he isn’t using. This will all hinge upon the embassy and what steps he has taken post conviction - did he complete any kind of rehabilitation, does he still drink, has he any other convictions, etc.

Here is a link to the uscis judgements on decisions to deny petition appeals - if you use the drop-down to select 129f fiancé visa and use the search words meeting and disability you will see the scenarios they do not think are serious enough. https://search.usa.gov/search/docs?affiliate=uscis-aao&dc=9491&query=Meeting This one was specific to not being able to travel due to disability - someone who needed two home helps daily was denied https://www.uscis.gov/sites/default/files/err/D6 - Fiancees and Fiances of U.S. Citizen (K-1)/Decisions_Issued_in_2022/APR012022_01D6101.pdf I would suggest you read some of the judgements to see the level of evidence they require to meet the standard of not having to meet the requirement. I used to read the appeal denial notices out of curiosity and the common themes are - prove the foreign fiancé cannot make it into the US, prove the us petitioner cannot travel (using any method at all) to meet foreign fiancé in their country or a third country.

According to Google - nope but that doesn’t mean people don’t do it. ‘The commercial importation of secondhand clothing to the Philippines has been prohibited since 1966 under the Republic Act No. 4653, also known as the "Act to safeguard the health of the Filipino people and maintain the dignity of the nation through the prohibition of the importation of used clothing and rags". It renders a significant part of the ukay-ukay business illegal. There have been many calls to review and amend the law legalizing the sale of imported used clothing by ukay-ukay stores.’

Sometimes it’s hard to see all the possibilities when you are part of a situation - that’s what this site is great for. You may also want to look into getting married online and filing after you visit her. One of the US states does it - here is someone it worked for but the Philippine angle might add in a complication or two thought probably just with her CFO getting them to u set stand how she has a Utah marriage cert without leaving the country - The thing with the Utah zoom marriage is you have to meet up in person after the zoom marriage but before filing the I-130

I would recommend getting one that is valid in court straight away (one that maintains the chain of custody not brought in a store and done at home) - that way if the court requires it then you can just present the report. Not sure how easy to set up in the Philippines this is as we did ours in the US, Our little one is ivf and we did this for peace of mind Immigration could still require you to have one redone through them as they won’t trust one you have done even if it is court quality chain of custody.

Do not make this worse by your fiancée ’adopting’ her daughter and do not make it worse by just omitting the child. Rules for immigrating adopted children are complicated, even more so when related (technically by law her sibling), and especially so in a country known for using falsified birth certificates to bring ‘children’ over. They are known to require dna test on suspect relationships - if they see a modified or late registered birth certificate or if you omit the child on the forms but later petition. Get the DNA tests for your own records (this may even be needed for the changing of the certificates), you will prob have to do them again through the embassy for immigration, then correct the birth certificate. Personally I would suggest to delay the fiancée visa application until this is sorted out for two reasons - 1) if they are lying and it turns out that the kid isn’t hers/isn’t theirs you know before too much has gone into it and 2) so that all paperwork on her end is sorted before you start talking to us government. Much easier to say here is situation rather than say one thing and have to correct later on. US govt isn’t too fond of the do now and ask for forgiveness later. Hopefully she wasn’t also married to the child’s father as well? This is going to require patience on everyone’s parts, I would recommend you also consider the CR1 instead of K1 Edit - adopting or adding a niece or nephew or sibling as their own is a common thing we see. The embassy is wise to it.