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andrews2015

Disclosure of HIV status and being a public charge

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I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage.  Applicants are no longer being tested for HIV. 
(1) So do I need to disclose my HIV status?
(2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US?
(3) How do I overcome being a public charge in my case?
(4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? 
And how many bottles of medication can I bring?
I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream. 

 

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1 hour ago, andrews2015 said:

I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage.  Applicants are no longer being tested for HIV. 
(1) So do I need to disclose my HIV status?
(2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US?
(3) How do I overcome being a public charge in my case?
(4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? 
And how many bottles of medication can I bring?
I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream. 

 

You will go through a prior health interview at the medical and you best not keep that a secret.  HIV is off the list of communicable diseases

Edited by payxibka

YMMV

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Not an expert, but you should definitely disclose it, more if it’s not longer a disease that would cause a denial in your process ... also, you have to consider the cost of your prescriptions in the US... if you don’t have insurance and sometimes even with insurance the cost of the meds is so expensive...

When you are migrating is normal that some people, if not all, to be checked in the port of entry so they would probably see your meds... check first the number of pills you can bring and mostly if you can bring them into the country (TSA page have some info about it, if not, call the info number or even FDA?!? ) there are prescription medicines you cannot bring to the US at all and others for what you need a prescription and other paperwork. 

 

In my opinion, don’t risk your health without informing you first on how the employment, insurance, cost of treatment would be in the US... if your condition is controlled that well it’s not worth to put that in jeopardy... 

 

but as I said, check if you would have insurance in your job, check if you would have to buy the meds by yourself, the cost per month...

 

And last, if you will work in a patient care environment (hopefully someone with real knowledge correct me if i’m wrong) I believe you need to disclose it to your employers depending on the laws of the state you are going to work... Check that part beforehand... 


I love you Charles forever!!

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ROC

06/04/2015 Sent paperwork

06/08/2015 NOA 1

07/20/2015 Biometrics

12/03/2015 Card in production

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Back to the original question...  As much as you want to think that the medical exam is administered to CDC/DOS standards it is not.  The OP is from the PI, and an abortion and divorce at the medical in the PI gets you a psych eval.  


YMMV

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6 minutes ago, payxibka said:

Back to the original question...  As much as you want to think that the medical exam is administered to CDC/DOS standards it is not.  The OP is from the PI, and an abortion and divorce at the medical in the PI gets you a psych eval.  

OP is already in the US. It sounds like he/she is making the right decision by leaving that country then. :)


Marriage-based AOS - Concurrent filing.
03/14/2018 - AOS package sent via FedEx to Chicago Lockbox.
03/16/2018 - FedEx confirmation of delivery to USCIS.
03/28/2018 - Four Email/Text notifications 11:18pm; 11:21pm; 11:24pm; 11:27pm.
04/02/2018 - Four I-797 Notice of Action letters received by mail.
04/06/2018 - Biometrics Appointment Notice for 04/18/17.
04/12/2018 - Biometrics Walk-in - Mission accomplished.
04/13/2018 - "We reviewed your biometrics and are still processing your case" - updated 04/15/2018

04/23/2018 - "Case is ready to be scheduled for an interview"

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5 minutes ago, USC4SPOUSE said:

OP is already in the US.

S/he is not.  and I quote "my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage."

Edited by payxibka

YMMV

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6 hours ago, andrews2015 said:

I am a nurse by profession, HIV positive and on meds with undetectable viral load and high CD4, however, my employment based petition is for a different job title with annual prevailing wage of $40,000. Now at NVC stage.  Applicants are no longer being tested for HIV. 
(1) So do I need to disclose my HIV status?
(2) If I disclose, do I become inadmissible in the concept of “public charge” due to high cost of treatment in the US?
(3) How do I overcome being a public charge in my case?
(4) If I dont’t disclose my status, will I be held at the port of entry due to bringing medications for a condition not revealed during the medical examination? 
And how many bottles of medication can I bring?
I hope someone can help me. I’ve been through a lot. I am very anxious and I don’t want to give up my American dream. 

 

if you gonna do aos you will gonna have medical which will test your blood for std and herpes not sure if they can detect it.

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3 minutes ago, Juaneng28 said:

wala ka pa sa adjustment of status?

Consular processing ako. So I will have my medical at St Luke’s. If I disclose my status, how would I prove that I will not be a public charge?

 

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Reminder that it is English only in the upper forums.

 

1 hour ago, andrews2015 said:

So I will have my medical at St Luke’s. If I disclose my status, how would I prove that I will not be a public charge?

A suitable sponsor would alleviate this concern, just as is the case for anybody.

If asked any questions where disclosing of your condition is necessary, you must answer honestly. It will not be a bar or held against you.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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***Several off-topic and derailing posts removed; either answer the OP's question or do not post.  Further derailing posts will result in appropriate Administrative Action.***


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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You are not actually required to disclose this.  The question of public charge is separate from the medical exam.  The public charge determination is purely based on financial sponsorship.  The medical exam is based on the questions that the panel physicians are required to ask and the list of diseases they are required to screen for.  

 

Unless specifically asked (because you shouldn't lie), I'd not bring it up.


I-130

May 14, 2016: Sent I-130 Package to Chicago Lockbox

May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

May 23, 2016: NOA1 E-mail

Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

Nov 8, 2016: NVC Received

Nov 16, 2016: Case Number Assigned

Nov 18, 2016: DS-261 submitted and AOS fee paid

Nov 23, 2016: IV Fee Invoiced and paid

Nov 30, 2016: IV and AOS Packages Sent (EP)

Dec 4, 2016: DS-260 Submitted

Dec 5, 2016: NVC Scan Date

Dec 6, 2016: NVC 3 N/A and Case Complete on Phone [1 day later!]

Dec 13, 2016: NVC CC e-mail

Dec 15, 2016: Found out interview date by phone

Jan 23, 2017: Interview...Approved!

 

Jan 30, 2017: POE Toronto Pearson Airport

 

Removing Conditions

Nov 2, 2018: Sent I-751 to Arizona Lockbox

Nov 7, 2018: Apparent receipt date (SMS notification on 11/9)

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