HIV positive accompanying on EB3 immigrant visa

[anoras87 9]

Hello all, 

 

I would like to know if there is anyone here in VJ who experience declaring HIV status during medical. I am the primary applicant of an eb3 application and my husband is hiv positive. we are both living in the UK at the moment but originally from the Philippines. I have been researching online if there are any blogs relating to my concern. The fact is, my husband will have his medical this coming Monday. My US visa has already been issued. I know that once we declare his HIV status, he automatically needs to undergo sputum test. I have been reading CDC guidelines about HIV but I am still confused about the lifting of ban for HIV in the US. We have all the needed document for the medical including a GP summary which is required for medical in the UK. We decided to set his interview atleast 6 weeks from his medical because it is about that long for the sputum test result to be available. I have a couple of concerns that I hope one of you here could shed light to our situation. 

 

 We decided to declare his HIV status because apparently, there is no where to hide it, the US medical in London has a checklist where you need to check whether or not you have the disease. The GP summary also outlines the medication is he currently taking. 

with regards to public charge test, this is where I am totally confused about. so Allow me to give you a deeper insigh of our situation and perhaps maybe you can give us an idea whether or not he is likely to become a public a charge. 

 

I am the main applicant of an EB3 employment based immigrant visa petition I am a registered nurse here in the UK and moving to the states as a Registered Nurse.  My annual salary pre tax is 51, 072 as per my contract.  I spoke with our HR department and inquire about health insurance. I was told that I can add my husband as my dependent on my health insurance. My partner although has HIV but is perfectly stable. He is currently working in a Hotel in the UK. He has a bachelors degree from the Philippines and has been employed since 2009. he was never hospitalized, or have any opportunistic infection. His viral load is undetectable althought his cd4 count is 160u/l.  He's 36 years old, fluent in English.  Its written in Immigration nationality act that the definition of public charge is when an alien becomes PRIMARILY dependent on public funds or will be institutionalized in a long term care and funded by the US government. In my opinion, my salary is more thant he poverty limit on the state where we intent to live and I personally do not think we will be primarily dependent on the government for cash assistance. but how will I prove this to the consul?

 

what do you think would be the consul's decision as per " public charge". I look forward to your response. Thank you. 

[Wuozopo 4,285]

I don't recall anybody being quizzed about their health affecting public charge or health insurance at a London interview over the last 10 years. That doesn't mean it didn't happen or won't happen, but I've read hundreds. 

 

You probably want to read the Technical instructions for Panel Physicians to know what the doctor doing his exam Monday is charged with. https://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

[anoras87 9]

1 minute ago, Wuozopo said:

I don't recall anybody being quizzed about their health affecting public charge or health insurance at a London interview over the last 10 years. That doesn't mean it didn't happen or won't happen, but I've read hundreds. 

 

You probably want to read the Technical instructions for Panel Physicians to know what the doctor doing his exam Monday is charged with. https://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

 

Thank you for your response. i have read that link over a dozen times but thank you.  I am just in the limbo at the moment as to what is going to happen come his interview and medical. I know for sure he will have the sputum test but we're kind of prepare for it already. i am a medical practitioner and I have explained it to my husband about the process and things. my only concern at the moment is, since I am on an eb3 immigrant visa and affidavit of support is not part of the requirements submitted by my employer, how will i be able to show to the consul that he will not become a public charge. I am planning to right a statement and notarized it and perhaps submit a copy of it to the consul just in case, what do you think? 

[Boiler 43,426]

You are essentially asking us to judge what the Medical will produce and how the CO will interpret them, and nobody can or would do that.

14 minutes ago, Wuozopo said:

I don't recall anybody being quizzed about their health affecting public charge or health insurance at a London interview over the last 10 years. That doesn't mean it didn't happen or won't happen, but I've read hundreds. 

 

You probably want to read the Technical instructions for Panel Physicians to know what the doctor doing his exam Monday is charged with. https://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

I have seen it happen.

[anoras87 9]

2 minutes ago, Boiler said:

You are essentially asking us to judge what the Medical will produce and how the CO will interpret them, and nobody can or would do that.

I have seen it happen.

What I was hoping for was, if anyone can brainstorm with me some possibilities that i may have overlooked, or an alternative possibilities perhaps another options or ways to either a. prove that he wont become a public charge  b. what factors would weigh on the negative side given his status etc

[Boiler 43,426]

I know there are some people on here who work in the Medical sphere, I am not one of them, sputum seems mainly to come up in PI and I thought it took a lot longer than 6 weeks, not sure why it would be so different in the UK.

[anoras87 9]

2 minutes ago, Boiler said:

I know there are some people on here who work in the Medical sphere, I am not one of them, sputum seems mainly to come up in PI and I thought it took a lot longer than 6 weeks, not sure why it would be so different in the UK.

Techinical Instruction from CDC states that sputum test is required for anyone self declaring HIV status and would need a 3 consecutive sputum test and test result would be available from 4- 6 weeks although there were instances that it took 8 weeks but nothing I have heard of to exceed 8 weeks. 

[SalishSea 16,769]

Another thing for you to consider is the cost for the HIV drug cocktail.  Rx drugs in the US are not cheap, and insurance companies/plans will cover them to varying degrees.  You may want to investigate what type of coverage your employer plan has for his specific meds.

 

Btw, that nursing salary is well below industry standards.  Where is the job located?

[anoras87 9]

11 minutes ago, Jorgedig said:

Another thing for you to consider is the cost for the HIV drug cocktail.  Rx drugs in the US are not cheap, and insurance companies/plans will cover them to varying degrees.  You may want to investigate what type of coverage your employer plan has for his specific meds.

 

Btw, that nursing salary is well below industry standards.  Where is the job located?

I have not asked about insurance coverage for the drugs he is currently taking but my brother who is currently working as a doctor in the states told me it is highly subsidized but as for figures, i have no idea as for now. 

I will be working in North Dakota, 

[SalishSea 16,769]

4 minutes ago, anoras87 said:

I have not asked about insurance coverage for the drugs he is currently taking but my brother who is currently working as a doctor in the states told me it is highly subsidized but as for figures, i have no idea as for now. 

I will be working in North Dakota, 

Subsidized?  I have never heard of that.  I'm an RN.

 

If you have the insurance plan info, you can research their coverage for the specific drugs.

 

He won't be eligible for any public assistance for mediations, if that is what you mean.

Edited August 10, 2019 by Jorgedig

[Boiler 43,426]

2 minutes ago, Jorgedig said:

Subsidized?  I have never heard of that.  I'm an RN.

 

If you have the insurance plan info, you can research their coverage for the specific drugs.

 

He won't be eligible for any public assistance for mediations, if that is what you mean.

That was what I was thinking, and North Dakota does not have a reputation for diversity, why there? seems an odd place to move to. Most people I know go for the money but that is obviously not the case here.

[anoras87 9]

6 minutes ago, Boiler said:

That was what I was thinking, and North Dakota does not have a reputation for diversity, why there? seems an odd place to move to. Most people I know go for the money but that is obviously not the case here.

well, I know exactly it isnt the best place to live in the states, but at the time, it was the only employer who was willing to sponsor me wayback 9 years ago. and I was sort of tied up by the contract because if I drop the contract after signing in, i would have to pay in excess of 15,000 USD. 

[anoras87 9]

14 minutes ago, Jorgedig said:

Subsidized?  I have never heard of that.  I'm an RN.

 

If you have the insurance plan info, you can research their coverage for the specific drugs.

 

He won't be eligible for any public assistance for mediations, if that is what you mean.

my bad, i meant by, that the drug has a low copay as per my brother. i cannot vouched whether he was looking on the right figure though

[Boiler 43,426]

Just now, anoras87 said:

my bad, i meant by, that the drug has a low copay as per my brother. i cannot vouched whether he was looking on the right figure though

That depends on the plan, different plans different co pays.

[anoras87 9]

Just now, Boiler said:

That depends on the plan, different plans different co pays.

Thanks, I will try to ask my employer if they can provide me some mode details about my insurance coverage.