Can a K1 visa be denied because of cancer? better getting married and then apply for a CR1?

[Janethscholar 0]

Hello there!!! I am a Colombian girl, 41 years old, dating a USA citizen for 3 years and 8 months now. He is a dentist, I am a Professor, we lived together for one year while I was a visiting scholar in a University in Atlanta, I was a J1 and my daughter a J2. After that year my daughter and I returned to our country, requested a waiver of the two year home residency that was already granted by the USCIS. MY boyfriend and I decided to file for a fiancee visa, we got all the pictures, emails, flight tickets, etc. but before doing so, I was diagnosed with a stomach cancer, I went to surgery and they removed my whole stomach, no metastasis thanks God . I am right now going through chemo and radiation and will be done with the treatment at the end of October. We are planning to file for the K1 visa at the end of July but I am afraid that when I go through the medical exams they reject me because of my surgery and because on the Xrays they will see I have no stomach. I will need an advice if it will be better that my boyfriend comes to Colombia and we get married here to file immediately for a CR1 or if the fact that I went through cancer will be an obstacle. Anyone with a similar experience? I would love to hear from you, any help will be welcomed.

Janeth

[CC90 90]

The only diseases that will cause problems are the ones you can pass to other people. And even then there's a short list. If you had TB, you would have a major problem. Cancer is no problem.

[theunknown 5]

You will not be denied because of cancer.

[Cathi 5,616]

You won't be denied because of cancer, but if they think you could potentially become a public charge. IE: going on federal or state funded health care because of your illness, they could deny you. Sorry to hear of your struggle with cancer. Good luck!!!

[Janethscholar 0]

thanks for your reply. Yes we thought about that because I will have to get a health care plan as soon as I get there and now I have a pre existence condition which makes difficult to be insured. Of course we are willing to pay the health care for cancer survivors, but I think you are right, at the interview the consul might say that I will be a charge for the country. In that sense will be better to get married here and then file the spousal visa...

[ceadsearc 515]

thanks for your reply. Yes we thought about that because I will have to get a health care plan as soon as I get there and now I have a pre existence condition which makes difficult to be insured. Of course we are willing to pay the health care for cancer survivors, but I think you are right, at the interview the consul might say that I will be a charge for the country. In that sense will be better to get married here and then file the spousal visa...

The spousal visa will have the same issue. Does your husband have health insurance through his work? I would have him contact HR first and see what it would cost to get you covered - in many cases, employer health insurance policies are required to cover you regardless of pre-existing conditions.

[Janethscholar 0]

The spousal visa will have the same issue. Does your husband have health insurance through his work? I would have him contact HR first and see what it would cost to get you covered - in many cases, employer health insurance policies are required to cover you regardless of pre-existing conditions.

Yes, my boyfriend has health insurance through his work. I will ask him to find out about your suggestion, thanks a lot.

[Harpa Timsah 13,258]

There is absolutely no difference in this regard between the spousal or fiance visa. Both have a medical with the same criteria.

[Penguin_ie 5,986]

**** Moving from AOS to K1 fiance visa forum ****

[Cathi 5,616]

Yes, my boyfriend has health insurance through his work. I will ask him to find out about your suggestion, thanks a lot.

you would have to be married in order to get health insurance thru you boyfriends work. they do not give insurance to people who are fiances

[Janethscholar 0]

you would have to be married in order to get health insurance thru you boyfriends work. they do not give insurance to people who are fiances

thanks, that is why I am starting to think that it is going to be better if we get married in my country, that way he will be able to cover me with his insurance, and then file for the spouse visa...

[LeftCoastLady 441]

thanks, that is why I am starting to think that it is going to be better if we get married in my country, that way he will be able to cover me with his insurance, and then file for the spouse visa...

It's very unlikely that his insurance would cover your medical care in a different country. Be sure he reads through the policy information thoroughly to see what is/isn't covered and if there are any restrictions.

[Sandra G. 5,016]

How about to finish your chemo and radiation in October and file K1 or CR1, once cancer free they won't have any reason to think about public charges.I wish you the best.

Edited July 12, 2012 by sandranj

[AmyWrites 593]

I don't think it will matter, but, American healthcare is stupidly expensive, so as a person with a chronic condition too... I'd rather get healthcare abroad. Or make sure you'll have great insurance in the US.

[jonathan&tee 1]

Hi! the answer is NO. my fiance and i filed for K1 last November 2011. i was diagnosed with stage1 cancer last February 2012. had surgery last March. no metastasis was found.

I am already here in the US since June 13

Hello there!!! I am a Colombian girl, 41 years old, dating a USA citizen for 3 years and 8 months now. He is a dentist, I am a Professor, we lived together for one year while I was a visiting scholar in a University in Atlanta, I was a J1 and my daughter a J2. After that year my daughter and I returned to our country, requested a waiver of the two year home residency that was already granted by the USCIS. MY boyfriend and I decided to file for a fiancee visa, we got all the pictures, emails, flight tickets, etc. but before doing so, I was diagnosed with a stomach cancer, I went to surgery and they removed my whole stomach, no metastasis thanks God . I am right now going through chemo and radiation and will be done with the treatment at the end of October. We are planning to file for the K1 visa at the end of July but I am afraid that when I go through the medical exams they reject me because of my surgery and because on the Xrays they will see I have no stomach. I will need an advice if it will be better that my boyfriend comes to Colombia and we get married here to file immediately for a CR1 or if the fact that I went through cancer will be an obstacle. Anyone with a similar experience? I would love to hear from you, any help will be welcomed.

Janeth

Edited July 12, 2012 by jonathan&tee