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ohzee64

Child coming with husband

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My fiancé has a son with Cerebral Palsy. We put him on the application to travel with my husband to the US. I am wondering if we will have issues with his son being disabled as I understand both have to have medical exams. I know that it will be expensive to care for a child with a disability but I meet the guidelines for poverty and 3 persons but wondering if it would cause us problems with our application. Also I understand that the child would not get any assistance with programs for his disability and so I am assuming I would be responsible for all of his care including medical insurance, wheelchairs and whatever else he would need. God will make a way he is a beautiful boy and when I was there enjoyed his happiness all the Time. wish things were different for him and have to admit I am taking on a lot but to me its worth it. And respect my husband even more because he will not leave his son behind.

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As far as I believe, and have read elsewhere, the medical is used as a screening for the spreadable diseases (hence the vaccinations, x Rey screening for tuberculosis...)

By signing the affidavit you are becoming legally obligated to support the beneficiaries.

I would feel that declining ones petition based solely on the disability would have been a discrimination, but I could be totally wrong.

Good luck.

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It is possible that they take the heath issue into consideration, but it is not a definite denial. They will look at the totality of your case when deciding on whether or not the immigrants would become public charges. If you have enough income to make sure their medical needs will be taken care of, then it probably will not be an issue, especially if you can get your step child on your health insurance plan after you are married.

Start on Page 11 of the FAM > http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5 DETERMINING "TOTALITY OF THE CIRCUMSTANCES"
(CT:VISA-1995; 06-06-2013)

a. In making a determination regarding an alien's admissibility under INA 212(a)(4), you must consider, at a minimum, the alien's:
(1) Age;
(2) Health;
(3) Family status;
(4) Assets;
(5) Financial status and resources; and
(6) Education or skills.
b. These factors, and any other factors thought relevant by an officer in a specific case, will make up the "totality of the circumstances" that you must consider when making a public charge determination. As noted in 9 FAM 40.41 N4.2, a properly filed, non-fraudulent Form I-864, Affidavit of Support Under Section 213A of the Act, in those cases where it is required, should normally be considered sufficient to meet the INA 212(a)(4) requirements and satisfy the “totality of the circumstances” analysis. Nevertheless, the factors cited above could be given consideration in an unusual case in which a Form I-864 has been submitted and should be considered in cases where Form I-864 is not required.


9 FAM 40.41 N5.2 Health
(CT:VISA-1995; 06-06-2013)

You must take into consideration the panel physician's report regarding the applicant's health, especially if there is a prognosis that might prevent or ultimately hinder the applicant from maintaining employment successfully or indicate the likelihood that the alien will require institutionalization.

~ Moved from K-1 Progress to K-1 Process ~


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I know a blind person approved, petition by her sister in NY

she attends Visions in Manhattan, and uses "access a ride"

it was not a problem.another friend cousin with Downs syndrome

was approved, some communicable disease, last stage cancer.

mental probs & Alzhiemers, are the main conditions not approved

being blind or having CP do not have one continuously at the doc.

or hospitalized. You will be blessed get the kid into the proper

school, and free school program, and the disability ride in

your city....stay blessed

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Is he wheelchair bound? you can run an Ad on Craigslist ,many

ppl moving up to a scooter is willing to give away the wheelchair

they had,,,I obtained a few items for charity for ppl not medically

covered that way (just be sure to meet up with ppl from craigslist

in a public place, never your home & have your husband or another

with you) Do you have a church home network there, for the disability

ride its not charity, a fare is paid they just pick up at the door & drops

off there, its less than $5.00 in all states. I don't think the school he

attends will have a cost...things will work out sis, here in the US he

will be better trained to cope & be helpful to himself...also reseach on

researches in your area re: his condition that's free

Edited by Jawaree

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