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VeeNDee

Chronic Health / Class B - Accept vs.Deny Rates?

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I was wondering if anyone on this forum has experience of applying for a K-1 visa when the beneficiary has a chronic health problem. In our situation it is rheumatoid arthritis and it is currently under control but does require some expensive medication. We have planned for this situation financially and investigated what to do about it but now I am worried the K1 may have issues at the actual medical exam. If it helps to understand, I do not physically look ill at all and hold down a part time job. We do not want to get the K1 to get denied due to being classified as a 'public charge'.

From what I've read so far:

Other medical conditions may be categorized as Class B and include physical or mental abnormalities, diseases, or serious/permanent disabilities. Waivers may be granted for Class B medical conditions.

(From: http://immigration.about.com/od/usvisas/a/medical_exam.htm)

How do you go about getting a waiver?

My fiance has prepared his affidavit of support and he should qualify (and his parents would also be willing to do that) but could the K-1 be denied regardless of this just due to the fact that there is a chronic health problem and I may have trouble working in the future?

I am thinking a letter from my doctor maybe explaining how I am being treated successfully? What should the letter say? What should it not say?

Just looking for any information to either put my mind at ease or advice on what to do to prevent problems. Thanks in advance!!


VeeNDee

April 23, 2013 - AOS interview - Approved!

January 26, 2015 - Mailed off ROC Application

June 30, 2015 - 10 year greencard in hand

January 25, 2016 - N400 Application Mailed

May 11, 2016 - Citizenship Interview + same-day Oath ceremony!

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I was wondering if anyone on this forum has experience of applying for a K-1 visa when the beneficiary has a chronic health problem. In our situation it is rheumatoid arthritis and it is currently under control but does require some expensive medication. We have planned for this situation financially and investigated what to do about it but now I am worried the K1 may have issues at the actual medical exam. If it helps to understand, I do not physically look ill at all and hold down a part time job. We do not want to get the K1 to get denied due to being classified as a 'public charge'.

From what I've read so far:

(From: http://immigration.about.com/od/usvisas/a/medical_exam.htm)

How do you go about getting a waiver?

My fiance has prepared his affidavit of support and he should qualify (and his parents would also be willing to do that) but could the K-1 be denied regardless of this just due to the fact that there is a chronic health problem and I may have trouble working in the future?

I am thinking a letter from my doctor maybe explaining how I am being treated successfully? What should the letter say? What should it not say?

Just looking for any information to either put my mind at ease or advice on what to do to prevent problems. Thanks in advance!!

The public charge determination is made by the adjudicating officer. You don't need to apply separately for the Class B waiver. If you can show that you are being treated successfully and have sufficient resources to continue receiving treatment in the U.S., you shouldn't have a problem obtaining the K-1 visa. Your doctor should explain your recommended treatment and prognosis. Many people have encountered this issue, and others have had success by identifying a health insurance program for which the immigrant will qualify and can afford once admitted. Your ability to work will not affect the public charge analysis, as it is the sponsor's resources to which USCIS will look.

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I just wanted to say thank you to grrrreat for replying with the information. It's super helpful to know that and I'll make sure I get my doctor to write a letter like that. Thanks again!


VeeNDee

April 23, 2013 - AOS interview - Approved!

January 26, 2015 - Mailed off ROC Application

June 30, 2015 - 10 year greencard in hand

January 25, 2016 - N400 Application Mailed

May 11, 2016 - Citizenship Interview + same-day Oath ceremony!

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Here is something you might want to check into to have a better idea of how the medical exam works. The links and quote provided comes from the Technical Instructions on Mental/Physical Disorders for Panel Physicians and the CDC webpages for Panel Physician procedures. Class B diagnoses are not inadmissible. Class A would be. The diagnosis itself is considered Class A if harmful behavior to self or others has accompanied the disorder. Harmful behavior is what is primarily being looked at in the case of inadmissibility other than the cases of certain communicable diseases.

Class B medical conditions are not inadmissible medical conditions and include any applicant who is determined to have a physical or mental abnormality, disease, or disability serious in degree or nature amounting to a substantial departure from well-being.
http://www.cdc.gov/immigrantrefugeehealth/pdf/mental-health-pp-ti.pdf

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

Also, you can look more into inadmissibility from the Immigration and Nationality Act: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html#visa


Our K-1 and AOS Journey

05/12-05/22/10-met my sweetheart and family(had lots of fun!)
12/13-12/26/11-met again for engagement/Christmas
04/10/12-I-129F petition sent
04/13/12-USPS delivery confirmation
04/18/12-NOA1 text/email
04/21/12-NOA1(receipt 04/17/12)
10/10/12-NOA2 text
10/15/12-NOA2 letter received
10/27/12-NVC letter received
11/28/12-Medical Exam-PASSED
12/07/12-K-1 Interview-APPROVED

02/12/13-POE-Atlanta
03/04/13-Wedding
03/27/13-AOS,EAD,AP delivered
04/03/13-NOAs text/email
04/08/13-NOAs received
04/26/13-Biometrics appointment(walk-in done 04/17)

06/03/13-EAD card production/AP post decision approval

06/10/13-EAD/AP combo card received

04/04/14-AOS card production/decision

04/11/14-NOA2 welcome to the USA

04/12/14-Received GC

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I have RA too and find it unlikely that they will know or care at the medical about it. If they ask be honest, but it's such a common condition and as others have said it's the petitioner's finances and income they look at not yours. Mostly they are looking for big things like TB.


Service Center: California Service Center

Consulate: Montreal, Canada

9/19/11: I-129F Sent

9/22/11: I-129F NOA1

2/8/12: I-129F RFE

3/5/12: I-129F RFE Reply Sent

(RFE details can be found here: http://www.visajourney.com/forums/topic/365210-rfe-primary-vs-secondary-evidence-feed-back-please/)

3/14/12: I-129F NOA2 (Approved!)

3/20/12: NVC Received Petition

3/29/12: Petition Left NVC

4/19/12: Consulate Received Petition

4/30/12: Packet 3 Notification Received by Petitioner in US

5/11/12: Packet 3 Received by Beneficiary in Canada

5/28/12: Packet 3 Returned via DHL

6/5/12: Packet 3 Received by Consulate, said they'd emailed Packet 4 (haven't received)

8/2/12: Consulate Interview at Montreal

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Thanks EvilSquee. I hope you are right. Looks like your medical is coming up soon! I'd love to hear how it goes for you. Keep us posted :)


VeeNDee

April 23, 2013 - AOS interview - Approved!

January 26, 2015 - Mailed off ROC Application

June 30, 2015 - 10 year greencard in hand

January 25, 2016 - N400 Application Mailed

May 11, 2016 - Citizenship Interview + same-day Oath ceremony!

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I have RA too and find it unlikely that they will know or care at the medical about it. If they ask be honest, but it's such a common condition and as others have said it's the petitioner's finances and income they look at not yours. Mostly they are looking for big things like TB.

Does anyone have any other info regarding RA being an issue?

I had read in a consulate/interview review that the person was asked whether they had an illness.

Isn't that the proper time to admit to having RA?

Would that be cause for denial?

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It is not a cause for denial. Worst case they will ask how you will pay for it and your plan to get insurance. Pre-existing conditions are now covered under Obamacare so it's all good.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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It is not a cause for denial. Worst case they will ask how you will pay for it and your plan to get insurance. Pre-existing conditions are now covered under Obamacare so it's all good.

Awesome. Thanks !

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