Affidavit of Support Question re: SO with Disability

[Jane_Jamie 0]

Hello Everyone,

I am new here to this board and my SO and I are just about to begin the K-1 Visa process. I'd appreciate any guidance that the group has to offer. I've been trying to do my research up front, and after reading about the K-1 process, I have some concerns regarding the Affidavit of Support. I more than meet the income requirements for the AOS (although, I am by NO means wealthy), however, my SO has spina bifida and is "disabled." He is in good health other than not having full use of his legs and needing a wheelchair to travel for longer distances. He does receive some disability benefits in his home country (NZ). He is fully capable of working, and has held a job for about 5 years. I work for state government and have decent benefits...He would be covered by my medical benefits after we were married. He visited me last month and stayed for 5 weeks. He's going to return in August for another visit. We would meet all of the requirements and I wouldn't be concerned except for the "public charge" issue. Since he receives disability benefits at home, will that cause us problems when they are considering his potential for becoming a public charge in the U.S.? I read this and began to worry:

"If the applicant(s) suffer from poor health or serious physical

impairment, are likely to need medical treatment, or are otherwise not

likely to be able to support themselves, closer scrutiny of the sponsor's

ability to provide the requisite level of support may be necessary. For

example, a sponsor who is able to demonstrate an income that barely meets

the minimum requirement, should have to demonstrate clearly that he/she has

the resources to cover an applicant requiring extensive or long-term

medical expenses. In such cases, a joint sponsor with substantial

resources would have to provide an Affidavit of Support. (Note: Medical

considerations should only be for conditions that exist at the time of the

interview. A healthy elderly applicant, for example, should not be denied a

visa simply because s/he might require medical care at some point in the

future.)"

Any thoughts or advice? We feel confident that a medical exam will prove that he is capable of working, but we're still worried.

[JimVaPhuong 4,865]

It's unlikely they'll consider him a public charge risk. You have sufficient income to support him if he's unable to work, you will be able to provide him with medical insurance, and there's little chance he'll need long term institutionalization. When evaluating the health of the intending immigrant for the "public charge" determination, their biggest concern is someone who will likely need long term care in an institution on the taxpayer's dime.

The fact that he's receiving disability benefits in New Zealand doesn't work to your advantage. I imagine the CO might emphasize to him that he won't be getting any such benefits in the US.

[Jane_Jamie 0]

Thank you for your response. I appreciate it. Being new to the process, all of this is definitely intimidating. My biggest concern is how they will view his receipt of disability benefits at home. If they will consider my income and health benefits, and the fact that he is healthy and able to work, I think it will be clear that we can manage without benefits in the U.S. I hope that they see it the same. Thanks again for your response. It seems logical and reasonable to me.