K1 visa and british mental heath act

[keithnadine 0]

Hello i'm going to try and apply for a K1 visa, but my fiancee has been unable to work for the last year and a half under the mental heath act for bulimia and depression. Is it still possible for us to get a K1 visa on our own or do we have spend a ton of money on a lawyer? Guess i just want to know if anyone knows how the USCIS wil take this.

[payxibka 10,048]

Hello i'm going to try and apply for a K1 visa, but my fiancee has been unable to work for the last year and a half under the mental heath act for bulimia and depression. Is it still possible for us to get a K1 visa on our own or do we have spend a ton of money on a lawyer? Guess i just want to know if anyone knows how the USCIS wil take this.

google "visa ineligibilities"... on the listing there is a section on medical reasons

BTW, it will not be the USCIS who will make the decision, it will the the Department of State

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Edited December 3, 2008 by payxibka

[keithnadine 0]

all i can find is this:

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or

i don't know what they will consider bulimia and depression to be.

[payxibka 10,048]

a bit ambiguous at best... she is definetly not a threat to property, safety or welfare of others...

[KimandRuss 0]

It depends who is the beneficiary and who is the petitioner really. Might depend on the Embassy as well.

I agree with pay that it is ambiguous... Really hard for anyone else to say one way or another.

If it is the beneficiary you are speaking of, it depends on the results of the medical and possible psychological evaluation she will endure.

I do wish you both luck.

[*julez* 124]

Anecdotal evidence of K1 filers who have gone through the London Embassy suggests that the Embassy wants proof from the beneficiary's GP that the mental problems are in the past and that the individual does not pose a threat to him/herself or other, nor is in danger of becoming a public charge. I think you may have an uphill battle on your hands. Definitely consult with a knowledgable immigration lawyer, particularly one with waiver experience. Good luck.

[Nich-Nick 3,355]

The wiaver is the I-601 found here http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

The instructions tell what has to be submitted from a doctor with the application. Find the mental illness part.

I would think you could proceed on your own applying for the K1, then take good documentation of the condition prognosis to the medical in London, and wait and see what happens at the interview. Then if denied, you can file a waiver or get an immigration lawyer to fill it out for you, but you will still be responsible for gathering the documentation they ask for. If you read what's required for the waiver, you could take similar information to the medical and perhaps that would be enough for the panel physician to sign off on her as ok to immigrate.