can my fiance file for me when he doesn't work and he has been getting SSD for many years?

[dingdongdeng123 1]

Hi all,
I have some questions and I need a favor. Help me.
My fiancé has a mental illness and he has been getting SSD since he was 15. He's 26 now. If we get engaged, can he file for me? (K1 visa)
The second problem: Because he's still a student so my aunt will be our cosigner.
For this 2 problems, the probability of success will be lower, right?
What do I need now? Should we get married instead of getting engaged? We love each other very much and want to be with each other and we're sad, confused, and don't know what to do
I don't want to lose him
Help us, please. Thank you very much, everybody.

[Unshakable Faith 493]

He can file for you any time as long as you've met within the past two years. No official "engagement" is necessary, just the intent to marry is needed to be called engaged.

Having a co-sponsor does not lower the chances of being approved. Just make sure either him or the aunt make over the poverty level for the appropriate household count.

Edited October 12, 2016 by FN&KO

[A'n'L 735]

Does your aunt live in the US? The co-sponsor must so that to be eligible.

Where are you from?

[dingdongdeng123 1]

Yes. My aunt lives in US. Her income is enough to cosign. I'm afraid that my fiancé has a mental illness and has gotten SSD and they will reject our case

[carolynhotstuff 252]

Yes. My aunt lives in US. Her income is enough to cosign. I'm afraid that my fiancé has a mental illness and has gotten SSD and they will reject our case

The only way your case could be rejected is if he has been violent and has certain types of criminal records. At the interview they may ask you why he is getting SSDI. You should know the name of his illness and how it affects him. Is his illness under control with medications? Tell them that.

I also get SSDI and they asked my husband these questions. They felt as a married couple he should know everything about me. You don't have to get married to come to the USA to be with him. He has to be able to pass a background check here in the USA. Once it gets to the embassy stage it's more about you, if as I said, he doesn't have certain types of criminal records as an adult.

[Penguin_ie 5,985]

Your fiance's mental illness should not be an issue unless he is a potential danger to you, or it is so bad that he has a guardian and may not be competent to marry.

Co-sponsors are normally allowed, but some countries' US embassies do not like them for K1s. Please fill in your profile so we know what country you will be interviewing in.

[dingdongdeng123 1]

He can study and work everyday, he's like everybody else. He's just on his meds and can control everything

I know his illness exactly and it isn't a potential danger to me. I think consulate will doubt our cosigner because she is my aunt and her husband is my fiance's uncle though they were divorced

I'm in Vietnam

[Laurel0708 21]

Some sort of mental illness like that would be more trouble if he was the beneficiary trying to come into the US. They scrutinize EVERYTHING about the beneficiary, but the US citizen can have a few more marks on their slate.

[dingdongdeng123 1]

He has to be able to pass a background check here in the USA

Will he be checked? About his mental illness? Could you tell me?

[SunflowerSweet 1,321]

I am thinking you will be fine. Having a co-sponsor does not diminish your chance of getting a visa as long as they meet the requirements, as you said your aunt does.

As someone mentioned before, the incoming immigrant is scrutinized much more than the USC. I am sure they do some sort of checks, but even if your husband did have any sort of criminal history (which it doesn't seem like he does, I am only mentioning that since others brought it up) it doesn't necessarily matter, especially if the crime is not something covered under the Adam Walsh Act.

[dingdongdeng123 1]

He was born and grown up in the US. And he didn't have any sort of criminal history. I hope everything will be ok. Thank you so much, everybody ^^

[Ben&Zian 4,397]

Agree with above, the USC, as far as paperwork goes does not even have to disclose he has any sort of "illness" to USCIS. So as long as he does not have any background issues that should not be a factor.

[SunflowerSweet 1,321]

He was born and grown up in the US. And he didn't have any sort of criminal history. I hope everything will be ok. Thank you so much, everybody ^^

Yeah you will be fine! Good luck with your Visa process!

[f f 725]

if he has a mental illness that qualfies for social security disability benefits make sure he has the legal compacity consent to marriage. again you do not need to post any details just make sure for yourself.

[njs051914 52]

I was brought into a few 72 hour holds when I was younger for suicidal behavior related to severe depression and it was not a factor in our case at all.

I'm not sure if that relevant to your husbands mental health situation at all, but if it's anything similar then don't worry.