SB1 Returning Resident Visas for my brother

[PetraLynne 1]

32 minutes ago, CEE53147 said:

All you can do is try for SB-1.  However,  a person who has had recurrences of severe mental illness without a support system and health insurance in the US might reconsider if coming beck is in their best interest. (I appreciate the problem because I have a close family member with mental illness that requires a prescription that is $1700/month without insurance and $150/month with it as well as monthly psychiatrist visits at $150 each.  We are also his support system and are often called in the middle of the night .)

 

Some people with mental illness are considered to be a concern for public safety and likely to be excluded for that reason.

I sincerely appreciate your response and that's what happened with my brother. He had a severe mental illness that's why his wife who was in the Philippines requested us to bring him back to the Philippines for we thought that the support of a wife will be a strong support system for his recovery. I hope that his SB-1 application will be granted. 

[Boiler 43,433]

So what is his wife's status, does she have a Green Card?

[PetraLynne 1]

30 minutes ago, Boiler said:

So what is his wife's status, does she have a Green Card?

She has no GC and never been in the US.

[SusieQQQ 11,584]

1 hour ago, PetraLynne said:

I sincerely appreciate your response and that's what happened with my brother. He had a severe mental illness that's why his wife who was in the Philippines requested us to bring him back to the Philippines for we thought that the support of a wife will be a strong support system for his recovery. I hope that his SB-1 application will be granted. 

What, he just left his wife behind in the Philippines?? And now that he’s healthy he’s going to leave her again? Well..

 

anyway aside from what I personally think about him doing that, that’s another strike against the possibility of an SB1 - it would be much easier to argue if his wife was waiting for him in the US. The description you’ve given us seems to show he gave up residency in the US in favor of the Philippines (using healthcare & living with his wife there ). I do think SB1 is going to be very hard to prove.

[Boiler 43,433]

48 minutes ago, PetraLynne said:

She has no GC and never been in the US.

I am getting much more confused.

 

He has major medical issues.

 

Has been gone for many years

 

Now feeling better so is going to head back and leave his wife who has been looking after him behind?

[PetraLynne 1]

1 hour ago, Boiler said:

I am getting much more confused.

 

He has major medical issues.

 

Has been gone for many years

 

Now feeling better so is going to head back and leave his wife who has been looking after him behind?

Yes, he is going back if he will be approved and will petition his wife when he becomes eligible to petition. 

[PetraLynne 1]

1 hour ago, SusieQQQ said:

What, he just left his wife behind in the Philippines?? And now that he’s healthy he’s going to leave her again? Well..

 

anyway aside from what I personally think about him doing that, that’s another strike against the possibility of an SB1 - it would be much easier to argue if his wife was waiting for him in the US. The description you’ve given us seems to show he gave up residency in the US in favor of the Philippines (using healthcare & living with his wife there ). I do think SB1 is going to be very hard to prove.

1

Lol, you guys are missing the point. He has an illness before he came to the US and he has a record that he collapsed at the SFO airport and some records in the hospital where he rushed in an emergency and confined. He came to the US as a single father of three. He only carried his eldest child to the US and the two left behind including his then live in partner, the mother of his children. He went back to the Philippines because no one of us could take care of him. He is coming back because he is now recovered from his illness and yes leaving behind his wife. Wife because he marries her. If given the chance that he will be permitted to enter the US under SB1, he will petition his wife and the other two children when he becomes eligible. Does that make sense now? My only question was about SB1. Not about his personal life. 

[CEE53147 559]

How does he hope to sponsor his wife and children when he apparently has difficulty working?

 

He is at a high probability of more crises especially without the ongoing care which he is unlikely to be able to afford.

 

IMO, his returning is a disaster in the making for him, his wife , his children, and his GC sponsor.

[PetraLynne 1]

6 minutes ago, CEE53147 said:

How does he hope to sponsor his wife and children when he apparently has difficulty working?

 

He is at a high probability of more crises especially without the ongoing care which he is unlikely to be able to afford.

 

IMO, his returning is a disaster in the making for him, his wife , his children, and his GC sponsor.

It was just in case ONLY. 

[SusieQQQ 11,584]

3 hours ago, PetraLynne said:

Lol, you guys are missing the point. ....

 

? My only question was about SB1. Not about his personal life. 

No, I think you keep missing the point because it’s not what you want to hear.   SB1 is for people who intend to make a temporary trip abroad without giving up US residence and for circumstances beyond their control stay longer than a year. Your brother intentionally returned to the Philippines to intentionally use their healthcare system (meaning, he was now resident in the Philippines and not in the US) and moreover was residing with his wife in the Philippines.  For four years. Anyone looking at that set of circumstances (not all of which was clear in your first post) would logically conclude that he intentionally abandoned his residence in the US. That is a high bar to overcome for an SB1, nevertheless, I am sure you will find a lawyer who will at least help your brother prep as far as the first interview, which seems to be the main hurdle. 

[SusieQQQ 11,584]

As an aside i wonder  if he originally didn’t marry the mother of his kids so he could get a visa faster under F2B vs F3. Looks like F3 will be the way to go from here. 

[PetraLynne 1]

3 minutes ago, SusieQQQ said:

As an aside i wonder  if he originally didn’t marry the mother of his kids so he could get a visa faster under F2B vs F3. Looks like F3 will be the way to go from here. 

He didn't marry him before he came to the US. 

[SusieQQQ 11,584]

2 minutes ago, PetraLynne said:

He didn't marry him before he came to the US. 

Yes that was the point 

[PetraLynne 1]

2 hours ago, SusieQQQ said:

Yes that was the point 

But their marital status then was not the reason why my brother went back to the Philippines. 

[Mollie09 1,543]

6 hours ago, PetraLynne said:

But their marital status then was not the reason why my brother went back to the Philippines.