CR-1 Consular Processing - HIV Question

[JAGottlieb 1]

1 hour ago, jle2234 said:

The ideal is that you should not lie or hide any information during the immigration process. In your situation, your spouse's health is at risk, so you are considering hiding information. It's important to note that this is illegal, and I don't think anyone here will advise you to break the law during the immigration process. But since you are considering it, it really comes down to you and your spouse weighing risks vs. rewards for your two options.

 

If your spouse discloses their HIV+ status, the risk is that the petition for immigration will be delayed by two months.

 

If your spouse knowingly fails to disclose their HIV+ status, the potential reward is that they are granted immigration without delay; but the risks is that, if the failure to disclose is discovered, your petition could be denied and your spouse's immigration could be delayed for longer than two months.

 

I am sympathetic to your case and wish I could give you a clear answer, but no one here can make this decision for you.

 

Should your spouse choose to hide their HIV+ status, it will be a conscious decision to break immigration law and risk the petition. Will they find out? It's hard to say. You'd have to consider many factors, such as whether your spouse or others have been public regarding the HIV+ status (ex. on social media, with employers), whether your spouse has signs or symptoms that may be observed by an experienced medical professional, etc. etc. As the medical exam includes a blood draw, you and your spouse would also have to consider whether there is a legal and/or moral obligation to inform those handling your spouse's bodily fluids of the HIV+ status (if special precautions are required to protect from blood borne pathogens).

 

If I were in your position, I would sit down with my spouse and have a very serious conversation about all the options and potential outcomes. I would lean towards disclosing the HIV+ status along with the results of all the testing your spouse has had done to date, and any documentation you have showing that the two-month delay would be detrimental to your spouse's health. I would also consider having a third party call anonymously to ask about options or exceptions for individuals who are HIV+.

 

Good luck!

Thank you for your post.... That's what I am going to do at this point.  Provide all the information possible and have spouse decide what to do.  I can only assist and support.  Thanks again for your help.