disable child apply for K visa

[foreignwives 0]

hi,everybody,

I m going to marry my America girlfriend,,but I have a 10 years old son that has Cerebral Palsy (mental disable), so is it very difficult for him to pass a k4 visa ? I m so anxious. looking for answer. Thanks

[YuAndDan 153]

Firstly the K-3/K-4 visa is being administrate closed at the National visa center and they proceed on with the underlying CR-1 visa petition. So when filing the petition make sure Two petitions are filed one for Spouse, and another for step-child.

K-3/4 was offered as an OPTIONAL visa at at time when a spouse visa was taking YEARS to approve by USCIS, since then the processing has been reduced down to the point where K-3/4 is no longer needed. K-3/4 had one reason for existence, it allowed couple to wait out that years long process for I-130 approval, K-3 allowed entry and WAITING for I-130 approval, for more than a year now I-130 has been approved at same time as K-3 (I-129F), this defeats the whole reason for the K-3, (The waiting for I-130 to be approved)

Having Cerebral Palsy is not medical grounds for inadmissibility.

Edited January 10, 2011 by YuAndDan

[foreignwives 0]

Thank you YuAndDa, you warm my heart. But the usa.bbs.net said： 脑瘫孩子很难获得签证。 So still worry for the mental child's visa ,it s hurt.

[canadian_wife 1,823]

The USC might want to begin looking into insurance for the child, in case documentation is required at the interview.

Good luck

[YuAndDan 153]

Thank you YuAndDa, you warm my heart. But the usa.bbs.net said： 脑瘫孩子很难获得签证。 So still worry for the mental child's visa ,it s hurt.

001 board can be full of fulse info.

Here is what the US Government says:

(1) Health-related grounds.-

(A) In general.-Any alien-

(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

(ii) except as provided in subparagraph © who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(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

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Cerebral Palsy is not considered to pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

Also sounds like immigrations from China, you may want to visit, join, and study the process here: http://candleforlove.com

There you will find out the new optional electronic processing for the US Consulate in Guangzhou.

http://candleforlove.com/forums/index.php?showtopic=37703

[Deputy Purple 1,294]

Having a disability (either physically or mentally) is not in itself grounds for inadmissibility. If that disability poses a threat to the applicant or others (such as a mental disability that makes them randomly violent etc) then that can be grounds for denial.