reyem

Yes, I would have it ready to show at the medical. The panel physician can take note of it and perhaps include it with the rest of her medical documents. I would take another copy of it to the interview as well, just in case.

This would be the reason to show the letter about being healthy >

'The panel physician must include a statement of likely degree of disability and the need for extensive medical care or institutionalization for any Class B conditions identified during the examination.'

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions/panel-physicians/medical-history-physical-exam.html

Also, here is more from the Foreign Affairs Manual to read through about the medical exam > http://www.state.gov/documents/organization/87492.pdf

Thanks again,

I look at the definition of Class B:

" .. 2) a physical or mental disorder that, although not constituting a specific excludable condition, represents a departure from normal health or well-being that is significant enough to possibly interfere with the person's ability to care for himself or herself, or to attend school or work, or that may require extensive medical treatment or institutionalization in the future (Class B condition)."

Is there any guidelines on how to interpret ".. in the future"? It maybe a moot point, but are most of will be needing medical treatment in some point "in the future"?

You were correctly understanding. You do not need to submit any info about your finances or the HIV medical condition with the filing of the I-129F petition to begin the process. They should not test for HIV either, but they will be asked medical questions and being HIV+ would come up at the medical. Yes, you should be honest about it. Taking a letter from your regular doctor testifying to the fact that you are healthy and the prognosis for continuing to remain healthy could be quite helpful.

What the medical exam will entail > http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

HIV guidance for panel physicians > http://www.cdc.gov/immigrantrefugeehealth/exams/ti/hiv-guidance-panel-civil.html

Thanks KayDeeCee

This is very helpful.

So the suggestion is to have a doctor's report / letter ready? I just talked to my girlfriend and she says the clinic should have no problem issuing one for her. Are you sure the doctor or examiner at the embassy-appointed clinic will file that letter together with the report, as it's not a document generated by them? I am just wondering aloud as there's no way for that doctor to ensure the letter is authentic.

If she is not showing any symptoms, it probably will not come up during the medical exam. They will NOT test for it without her permission. She should not volunteer the information to the doctor unless s/he asks a question in which nondisclosure in her response would be a lie to the doctor (e.g., "Do you have any current medical conditions?" or "Are you currently taking any medication?"). If it never comes up during the medical exam, it will not come up during the interview.

Thanks Schulley,

Yes, my understanding is that if asked one should tell the truth. But now having done some researches I have been told that in some cases those questions you quoted were not asked. I wonder if anyone has similar experiences.

Reyem.

HIV test (as well as tests for other 'communicable diseases', there is a list of them) is done for everyone after a petition is approved and before the visa interview. HIV was automatic ban until around 2010 or so but now HIV status has become a minor hurdle on the affidavit of support side because of the potential high cost of treatment.

The OP is simply gathering information on how to overcome that potential hurdle, the most common of which is to demonstrate medical coverage or potential for medical coverage.

An example of one way to do this would be to clearly demonstrate that the poverty requirements are met AND that there is adequate income to cover 100% of annual out-of-pocket limits as per the current plan.

Thanks folks, but I am getting more confused.

My understanding is that a HIV test will NOT be performed. But during the medical examination for K-1 arranged by the local embassy, a finance(e) will be asked what sort of medications s/he is currently taking. In my girlfriend's case, she's on three HIV medications but nothing else.

My understanding we must not lie, as the consequences of being found out are more devastating than getting a rejection at first try.

I am 3 times above poverty level, and my insurance from work barely covers my med and doesn't offer to cover a spouse. I am talking to friends about ACA options or Kaiser, and with our saving we can probably demonstrate that even without work we should be able to cover her for a year or so without major hardship.

But then at which point should I submit the information during the K-1 process? Or the doctor's reports from her clinic that she's perfectly healthy as long as she's on meds? Should we volunteer the information at our package?

How does that work?

They look at the totality of the case. Just having you or the co-sponsor meet the income requirement to sponsor the foreign fiance(e) may not be enough when there are special circumstances, but it could be. It will depend on the CO really, and whether or not they believe the immigrant would become a public charge due to their health issues.

Here is what the Foreign Affairs Manual has to say about the health aspect for the affidavit of support > http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5.2 Health

You must take into consideration the panel physician's report regarding the applicant's health, especially if there is a prognosis that might prevent or ultimately hinder the applicant from maintaining employment successfully or indicate the likelihood that the alien will require institutionalization.

I see it will all come down to individual case officers.

Anyone has any resources on how I can do more researches on building a stronger case for my girlfriend?

While those who said HIV has been removed as a medical ineligibility, that doesn't mean it won't cause extra requirements in your case. For example, the visa officer could request proof of payment for medical insurance for her (that's fairly common with serious medical conditions) before they will issue the visa -- and that can be required regardless of what you or a joint sponsor make that is over and above the minimum income levels. I would probably not propose the solution of her flying back to Rio to get medications as a solution unless I had checked out whether that is even possible -- it is likely illegal for her to bring that quantity of prescription drugs into the US at one time.

Sounds like you're on the right track in your investigations -- best of luck in working it out.

Thanks Jan,

That's exactly my concern of "public charge". I know there will be additional requirement for financial supports, but we're just not sure how far we'll have to go. Me and her can probably pull together our saving and have a joint bank account of like around 10K. With my regular incomes we can definitely put her on a reasonable plan with Kaiser or under ACA.

It'd be nice if I can hear from folks that have actually gone through the process for their HIV+ spouses.

But then I should at least be grateful that HIV is no longer an auto ban.

Thanks everyone.

I sometimes think that I should actually go live in Brazil with her as they have universal provision for HIV meds! That being something that may happen in the future, we want her to start the naturalization process here first.

I have begun to look at ACA options for her. I know it maybe irrelevant but until recently she was making more than I do working as a business development manager in Rio, making even more than I do. We're hoping it will help to show that she's very employable and can find a job soon.

The reality is that for a stable and healthy HIV+ person these days, we need only to go back to have our tests every 3-4 months. She's been stable for over 10 years since her diagnosis. We often think that even if she doesn't have insurance here, or at least not good enough to cover her meds, she can always just fly back to Rio 3, 4 times a year just to fill up on meds. Knowing the outrageous prices of meds here even with copay, it may even be cheaper doing that. But of course it's probably not a good answer to the "Public Charge" concern.

Another option is that an old family friend, sort of an uncle for me, has agreed to be the co-sponsor if necessary. He and his wife both have high-incomes and he told me that he's done it years ago for a friend and his Mexican wife, who at the time was making LESS than poverty level. But then as far as he remember the wife doesn't have any health problems that could be considered a public charge.

What do you guys think?

Thanks again!

A total newbie here, and need all you folks' advices.

I am finally ready to prepare for a K-1 fiancee visa submission for my Brazilian girlfriend. We are both in our late 30s, HIV+ and healthy.

I am very concern that her status will affect her chance of getting a green card on the ground of her condition creating a "public charge" to the state. I work for nonprofit that doesn't pay a lot and with minimum insurance.

Can anyone share their experiences in applying for a HIV+ fiance(e) and spouse? How will questions on her status come up during the process? How do we avoid a rejection on "public charge" ground?

I love this girl and I really want it to work out.

Thanks in advance.

Reyem.