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Posted

Hi all! My boyfriend and I intend to get married and he would like to move to the US once we do. I've been reading up on the whole immigration process and my main concern is the public charge part. 

In the past (a couple of years ago), my boyfriend has dealt with severe anxiety to the point he could not work so he needed welfare in his home country. I understand that certain physical and mental health conditions as well as welfare usage are be negative factors when officers are determining whether to approve you or not. I make a little about 230% over the poverty level for our household size, so I do make enough to cover both of us but I'm worried that the severity of his past would still make him likely to be denied. Do any of y'all have any insight on how heavily that would be considered? 

If he did get denied, I would want to move to his country (NL) instead. Would his denial here affect anything when I'd try to move there? (Aside from anything that didnt meet their own rules of course, but would the denial specifically have any effect? - I dont see why it would but may as well ask!)

Posted
2 hours ago, kj99 said:

Hi all! My boyfriend and I intend to get married and he would like to move to the US once we do. I've been reading up on the whole immigration process and my main concern is the public charge part. 

In the past (a couple of years ago), my boyfriend has dealt with severe anxiety to the point he could not work so he needed welfare in his home country. I understand that certain physical and mental health conditions as well as welfare usage are be negative factors when officers are determining whether to approve you or not. I make a little about 230% over the poverty level for our household size, so I do make enough to cover both of us but I'm worried that the severity of his past would still make him likely to be denied. Do any of y'all have any insight on how heavily that would be considered? 

If he did get denied, I would want to move to his country (NL) instead. Would his denial here affect anything when I'd try to move there? (Aside from anything that didnt meet their own rules of course, but would the denial specifically have any effect? - I dont see why it would but may as well ask!)

Since you are far and away above the poverty level, I don't see where you will have a problem at the interview. Most embassy's understand that we have hiccups in our lives. Since you are the petitioner you are now the person in charge of his wellbeing so they will concentrate on your evidence not his. When you complete the AOS you will submit a I-864 attesting to this fact and that you will be signing a legal binding contract between you and the US Government. Rarely is it enforced but just fair warning that is the status you'll be in when you complete AOS.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Posted

If the “worst” of his mental health issues were not being able to work, there should be no cause for concern. Mental health issues are only a concern when the person has caused harm to himself or others in the past or is at risk of doing so now. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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