K-1 Visa financial requirement, disability, and "public charge"?

[winterson 0]

Hello,

I hope this post is in the right place. I'm still learning the terminology needed, and the system, so please bear with me.

I'm a UK resident and have been on disability benefits for pretty much all my adult life, as I'm not "employable" due to an autoimmune/neurological condition. I'm capable of a degree of self-employment/freelancing, but not enough to really support myself, or the parent who I've also been a carer for. This isn't very likely to change.

My partner is a US citizen who also has a severely disabling neurological condition, has also never been full-time employed as an adult, and has also been a carer for their disabled/ill parents (their father died six years ago). We both know how hard it is to successfully claim sickness benefits when you can look relatively healthy at face value, but where I've been fortunate and won my disability appeal in the UK, they have had a large number of issues with their case. An error was originally made in their claim in SSDI vs SSI, and despite their medical evidence (and approval at one point for SSI), they were denied SSDI as an adult dependent child - a decision which will be subject to appeal when they can afford medical appointments to get more evidence. They currently have far below the federal poverty limit in terms of income and are in receipt of SNAP.

We're aware that, if they *were* awarded the SSDI as an adult dependent child, then if they married this would be taken away... unless their spouse was also in receipt of social security. Of course, if I immigrated on a K-1 visa, I need to demonstrate I'm not likely to become a public charge, and I suspect that's going to be a problem, partly because it's clear from our circumstances that a) my partner's income can't support us alone, and I'm not sure if we'll be able to find someone to act as a co-sponsor, b) their route to the ADC payments means having a spouse also on social security, and c) I have a long history of disability payments.

Can anyone suggest what our options might be? I'd be very grateful for any input from anyone more familar with the system than I am!

[Penguin_ie 5,997]

Yes I think you will face the issues you mention; while disability is not a reason for visa denial, the public charge concern is, and in your case, the CO may well ask for proof that your fiance can not only afford the 125% poverty line, but also your health care in the USA, as you would not be entitled to medicaid right away, and while Obamacare ensured everyone can get health insurance, said insurance may be very, very expensive for you.

On the positive side, the UK is one of the most liberal embassies when it comes to financial requirements, so if you have any assets or income that can be counted, they may count it- however, with the AOS in the USA after marriage, you will face the same issue again. Have you considered immigration the other way, maybe it would be easier for him to join you in the UK?

[winterson 0]

Thank you, Penguin. I really appreciate the input.

Unfortunately, I have literally no savings or assets (everything went on my mother's cancer care years ago) and not a lot of hope of saving much up, because of the limits I'm under for "permitted work". My partner coming to the UK could be an option, though, if I am - as I believe - exempt from our equivalent income requirements. Seems like we have some things to discuss, and some more research to do, of course... there's always that!