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Mental Illness History - Demonstrating Eligibility Due to Remission

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Filed: K-1 Visa Country: United Kingdom
Timeline

OK deep breath...

We're now facing the scariest part of the visa application--dealing with the issue of my fiance's mental illness history.

My fiance has a history of basically unspecified mental illness...he doesn't really have a valid diagnosis at all now. The major symptoms have been depressed mood, insomnia, and anxiety. His history includes some self-harming. He's never been sectioned or held involuntarily. Since I've known him, my fiance has worked really hard to overcome his problems, and has made really great progress with recovery--pretty much all on his own, since only minimal mental health support and treatment services are available to him where he lives.

After carefully consulting the FAM, and the CDC guidelines for examination of immigrants, I've concluded that my fiance is in fact eligible for a visa and shouldn't need a waiver. The FAM specifically provides that an applicant with a history of mental illness that includes harmful behavior may be granted a visa if the behavior is in remission and is not likely to recur. The CDC guidelines specify that the behavior is in remission and not likely to recur if there has been no occurence of the behavior for at least 2 years, and if the applicant intends to continue management of the condition once in the U.S. The CDC guidelines further state that an applicant meeting these criteria has neither a Class A nor a Class B medical condition, if s/he is otherwise healthy.

My fiance has not engaged in any self-harming of any kind in the two years that I have known him, so if the CO and panel physician are following the FAM and CDC guidelines faithfully, that should establish his eligibility. The problem lies with all the darn discretion available here.

Ideally, we'd have glowing letters from his current psychiatrist and GP about how well he's doing. The best we can do are general statements, because of their overall lack of involvement.

I'm going to provide my fiance with a letter from me to the physician and CO. The letter will contain a statement from me attesting that I'm aware of my fiance's mental health history and still intend to marry him--the FAM lists that as an influencing factor. It will also state that I understand my obligations for his support, and am willing and able to assume them (addressing the public charge angle). I'd also like to have my letter be a gentle reminder that a waiver shouldn't be necessary in his case, under the DoS's own visa guidelines.

You guys are smart, some of you have done the medical or the interview for the UK...

What do you think I could put in my letter that will alert them to the relevant portions of their own guidelines that provide for eligibility?

How/when shall I submit it to the Embassy?

To the physician?

How should we fill out the medical history questionnaire (include/not include)? Do the physicians generally let you "explain" stuff, or do they just check you over and read your questionnaire?

ANY opinions at all would be a HUGE help. This is a little-understood part of immigration law that rarely comes up, and even if I could spare the cash for a lawyer, it might not do much good because very few lawyers have even handled a visa case involving mental health.

Thanks!

Tigre

I am not a practicing attorney. I have a law degree and I passed the bar exam, but am not admitted to practice because I got a job in legal publishing and haven't gotten around to applying for my license yet. Publishing is great, but it does not make you qualified to give legal advice. So I don't. I just want to get married to my fella, which is why I'm here! If you need legal help, seek the advice of a licensed attorney.

Timeline of the Tigre

September 2004 - Tigre meets Dan while prowling about aimlessly

December 2004 - Dan visits Tigreland, USA

May 2005 - Tigre goes to England, Dan pops the question!

December 2005 - Christmas in England with Tigre and Dan

May 19th 2006 - Dan and Tigre's K1 petition received by VSC

May 25th 2006 - NOA1 issued...we're on our way!

June 20 2006 - RFE sent by VSC

June 26 2006 - RFE returned Express to VSC

July 10 2006 - NOA2...let's go check out the NVC!

July 17 2006 - email from NVC--case was sent to London!

July 21 2006 - Dan, meet Packet 3!

August 4, 2006 - Packet 3 returned

August 16, 2006 - sassy Tigre emails the embassy "just making sure the packet got there"

August 17, 2006 - Embassy e-mails back: Packet 4 is on its way!

Medical: August 24

Interview: September 15

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Filed: IR-1/CR-1 Visa Country: England
Timeline

You will have to include it in the medical questionaire as it does specifically ask about these conditions.

Question 1 on the form, Have you ever been hospitalized (including psychiatric admission), number 8, have you ever had any mental disorder or depression? You need to answer these truthfully and then provide an explanation attached to the form as the instructions state. Personally I think I would get a statement from his GP, stating treatment given, when, where and how, and that he has not been treated in "x" amount of time and seems to be handling things well (you get the picture here). Provide the statement to the panel physician, I wouldn't think he/she wouldn't need a letter from you. I would however provide a letter from yourself for the interview, but make it simple. Not so sure I would be pointing out their guides and regulations to them, that might be a smack in the face saying they don't know how to do their job. Of course this is all only my opinion. Wishing you the best, and you probably have nothing to worry about to start with. :thumbs:

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How should we fill out the medical history questionnaire (include/not include)? Do the physicians generally let you "explain" stuff, or do they just check you over and read your questionnaire?

Truthfully....When i filled in the questionnaire, i stated i DID have a mental illness (post natal depression, 4 years ago) and some other issues at the age of 15 not dissimilar to that of your fiancee.

I put this all in, on a separate sheet, as requested. Never NOT tell the truth.

When i arrived at the interview, the doctor read through the sheet and said i would have to have a Psychiatrists evaluation, which i did and came out in flying colours. I tryed to explain, at first he was very formal, but i started crying (stress of it all) and he let me explain.

The doctor also said, he could not give me an answer to the question "will this affect the visa" BUT he could put his evaluation in 2 ways, a positive way OR a non positive way. He said the embassy like to see evaluations from Psychitrists also.

He was very helpful with me and even called me at home to see how it was going....He put in a VERY POSITIVE evaluation about me, add this to the glowing report from the Psychiatrist, i was approved..the lady at interview just said..."i see you had a hard time when you where 15, but we all do.....your approved.

I know there are others that had to have a waiver because of self harm and mental illness. One person was even denied.

The doctor said because i had this illness 15 years ago i should be OK, if it had been sooner, he can see there being an issue. I added this because it sounds like your fiancee has self harmed in the last 3 years.

Good luck.

K1

September 15 - 2005: NOA1

October: Waiting

November: Waiting

December: In Security checks

January 2006: Waiting

February: Waiting..Contacted Congress

March 4th: APPROVED

March 17th: NVC posted file to London

March 20th: London Receives file

March 29th: Receive package 3

April 13th: London Receives package

April 19th: Medical - June 13th: INTERVIEW......APPROVED!!!!

June 20th: ARRIVE IN USA

Time taken for whole process 9 Months

~~~~~ * ~~~~~

AOS

October: 13th: Sent off AOS Package

November 3rd: NOA1

November 14th: Snail mail ~ NOA1 ~ Case moved to the CSC for faster processing.

November 14th : CSC has petition for me and my daughter.

December 14th: Biometrics completed.

January 17th: APPROVED AOS!

January 22nd: Green card arrives in the mail:))

Time taken for AOS - 3.5 Months

Finished for 2 years.

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Filed: Other Timeline

Is it a good idea for you the petitioner to add a separate letter sort of 'bringing up' the whole issue?

Would not just a thorough and honest written explanation from your man be enough?

I'm really just wondering out loud...you know what they say about 'too much information'.

Edited by rebeccajo
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Filed: K-1 Visa Country: United Kingdom
Timeline

My fella will take care of bringing all the issues up at the medical. My letter is for the Embassy, to demonstrate that I'm aware of my fiance's health history and my support obligations, and that I still intend to marry him. I just don't know if I should send it with the DS-230, or bring it to the interview.

I get the need for honesty on the medical form--my concern is "too much information." Does my fiance, for instance, need to list hospital visits for tests/evaluation, or only inpatient treatment/observation? Does he need to list every diagnosis ever entertained as a possibility by every psychiatrist who only talked with him for five minutes, or can he use general terms to describe his illness (depression, anxiety, history of self-harm)?

He'll undoubtedly be referred for a psychiatric evaluation--what is the procedure for that? Does it take long to get the evaluation set up? What are the kinds of questions asked at the evaluation? My fiance has yet to ever hear a kind word from a psychiatrist, and gets pretty intimidated around them, so it would be good to know what to expect.

And my last question--are the panel physicians and evaluating psychiatrist with the NHS, or are they private contractors? I ask because a major factor in the severity of my fiance's illness has been his lack of access to consistent treatment, and NHS physicians tend to resent anything that might be perceived as a criticism of NHS physicians.

Thanks so much for the input, everyone. I really appreciate it. This is so hard for both of us--knowing that we might not be able to be together because of an illness my fiance is working to put behind him forever.

I am not a practicing attorney. I have a law degree and I passed the bar exam, but am not admitted to practice because I got a job in legal publishing and haven't gotten around to applying for my license yet. Publishing is great, but it does not make you qualified to give legal advice. So I don't. I just want to get married to my fella, which is why I'm here! If you need legal help, seek the advice of a licensed attorney.

Timeline of the Tigre

September 2004 - Tigre meets Dan while prowling about aimlessly

December 2004 - Dan visits Tigreland, USA

May 2005 - Tigre goes to England, Dan pops the question!

December 2005 - Christmas in England with Tigre and Dan

May 19th 2006 - Dan and Tigre's K1 petition received by VSC

May 25th 2006 - NOA1 issued...we're on our way!

June 20 2006 - RFE sent by VSC

June 26 2006 - RFE returned Express to VSC

July 10 2006 - NOA2...let's go check out the NVC!

July 17 2006 - email from NVC--case was sent to London!

July 21 2006 - Dan, meet Packet 3!

August 4, 2006 - Packet 3 returned

August 16, 2006 - sassy Tigre emails the embassy "just making sure the packet got there"

August 17, 2006 - Embassy e-mails back: Packet 4 is on its way!

Medical: August 24

Interview: September 15

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Don't list "possible diagnoses" as these were not "actual diagnoses". There could be a huge difference between possible and actual, especially when it comes to mental health.

Sometimes people who have had mental health difficulties never have an actual diagnosis so he can just use the generic "depression" etc and he doesn't need to list tests etc as these are not in themselves diagnoses. He needs to list in-patient stays, treatments and anything regarding a specific diagnosis.

Was he under psychiatric treatment or psychological treatment as there is a significant difference?

Perhaps he has never gotten appropriate treatment or diagnosis from what you say? Does he have an actual mental illness or does he have psychological problems caused by emotional/reactive components to his personality and life experiences?

I would suggest it is more likely that he will be given positive response if he was suffering from psychological difficulties than psychiatric difficultes so it may be helpful to get a psychological evaluation to clarify whether there is a real "mental illness" or whether he has psychological issues. people generally take the stance that you can more easily overcome psychological issues which tend to be reactive rather than mental illness which tends to be more chemical.

I used to work in Psychology in the UK and much of what you describe is seen in psychology departments rather than psychiatric departments.

feel free to PM me if you think I can help in any way.

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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He'll undoubtedly be referred for a psychiatric evaluation--what is the procedure for that?

He will have to find his own Psychiatrist, i did. I payed 110 Pounds for this pleasure.

Does it take long to get the evaluation set up?

Took me a week, i called the local hospital and used a private Dr, whom worked in the NHS too.

What are the kinds of questions asked at the evaluation?

I was asked everything, what was my birth like, childhood, teenage years, parents..EVERYTHING.

And my last question--are the panel physicians and evaluating psychiatrist with the NHS, or are they private contractors?

NHS but also do private consultations.

Remeber its also what the Panel Dr puts in the evaluation at the medical that counts just as much.

Dress smartly..smile, be direct.....tell the truth, but only the bare facts!!

Goodluck!

K1

September 15 - 2005: NOA1

October: Waiting

November: Waiting

December: In Security checks

January 2006: Waiting

February: Waiting..Contacted Congress

March 4th: APPROVED

March 17th: NVC posted file to London

March 20th: London Receives file

March 29th: Receive package 3

April 13th: London Receives package

April 19th: Medical - June 13th: INTERVIEW......APPROVED!!!!

June 20th: ARRIVE IN USA

Time taken for whole process 9 Months

~~~~~ * ~~~~~

AOS

October: 13th: Sent off AOS Package

November 3rd: NOA1

November 14th: Snail mail ~ NOA1 ~ Case moved to the CSC for faster processing.

November 14th : CSC has petition for me and my daughter.

December 14th: Biometrics completed.

January 17th: APPROVED AOS!

January 22nd: Green card arrives in the mail:))

Time taken for AOS - 3.5 Months

Finished for 2 years.

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Hmmm!

Wasn't aware of all this, I was diagnosed with depression ages ago, I've only really been on medication though I'm still waiting for basic councelling :P

This process costs enough already! I don't want a stupid evaluation on top of that!

All said, I wouldn't worry too much. I have heard major problems only arise with diagnoses of things like phsycosis, especially if unmedicated.

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Filed: K-1 Visa Country: United Kingdom
Timeline

So is it ok to put suffering from depression , anxiety, panik attacks on the form and list the medication that we are on? will the delve deeper into it do ya think? I suffer from these and am on medication my GP thinks it would be wiase for me to keep with the meds till i move to america - he said he would give me a supply so once i am settled there i can ween myself off them. The only thing worrying me is that I tried to ween myself of them here abut a month ago and i became very miserable with myself - I have Never caused any harm to myself or anyone else just that i got so miserable:( didnt even want to come on the puter to talk to my sweetheart for long. I pray they dont deny me cuz of that as the only happiness I have in my life right now is my beloved David:(

Lina (UKC)

PS to make matters worse I am overly stressed right now with the whole process and being away from my loved one and sorting through all the household stuff (bringing back alot of past memories good and bad), with family who are not supportive and trying to sell my house that my stress syptoms are getting worse - bad headaches and dizzy spells and it all makes me so lathargic:( grrr i need shooting lol

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27 Feb. 2006: K1 petition sent to Nebraska Service Centre

2 March 2006: NOA1 dated (received in mail on 9 March 2006)

4 May 2006: NOA2!!!!! (DAY 66)

8 May 2006: File Sent to NVC (as stated on email dated 9 May)

24 May 2006: NVC sends our file to London Embassy

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25 August 2006: Pack 3 sent to London Embassy registered post

29 August 2006: London Embassy receives my Pack 3 - 9/9/06 pack 4 arrives

SEPT 2006:APPLICATION PUT ON HOLD - WE HAD A FALLING OUT.

MAY 2007:RESUMED THE VISA APPLICATION

6 June 2007: Medical @ 2.30pm - need to get anew GP letter and psychiatric evaluation

7 June 2007: INTERVIEW @ 10am - waiting for new police record letter

3 July 2007: APPROVED/Visa arrives

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Filed: IR-1/CR-1 Visa Country: England
Timeline
So is it ok to put suffering from depression , anxiety, panik attacks on the form and list the medication that we are on? will the delve deeper into it do ya think? I suffer from these and am on medication my GP thinks it would be wiase for me to keep with the meds till i move to america - he said he would give me a supply so once i am settled there i can ween myself off them. The only thing worrying me is that I tried to ween myself of them here abut a month ago and i became very miserable with myself - I have Never caused any harm to myself or anyone else just that i got so miserable:( didnt even want to come on the puter to talk to my sweetheart for long. I pray they dont deny me cuz of that as the only happiness I have in my life right now is my beloved David:(

Lina (UKC)

PS to make matters worse I am overly stressed right now with the whole process and being away from my loved one and sorting through all the household stuff (bringing back alot of past memories good and bad), with family who are not supportive and trying to sell my house that my stress syptoms are getting worse - bad headaches and dizzy spells and it all makes me so lathargic:( grrr i need shooting lol

I think what you are going through is very common and due to your current situation. Obvious your doctor feels the same if he wants you to come off the meds once in the U.S. No worries. :no:

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Filed: Country: United Kingdom
Timeline

I put on the form that I had suffered from depression in the past and talked about it with the doctor at my medical. She said that there was no need to put it on the form she was filling out for the Embassy requirements as it wasn't serious enough(I don't think they get to see the pre-medical form you fill out yourself). She also left out things like my hospitalisation to have wisdom teeth removed!

2004

April A friend told me that she thought my ideal man lived in Wyoming or Montana.

May 17 Did search on match.com. Found no-one in Wyoming. Only wrote to one person in Montana...his name was John. He replied two hours later.

Jun 26 Flew to Missoula to meet him & a weekend trip turned into a five week visit...

Many trips between US, Canada & Europe.

2005

March 31 During a meeting in Vancouver, John proposed & I said YES!!!

Jun 2 Finally sent off our I-129F & a few days later we received NOA1. I am now officially an alien bride-to-be.

Aug 22 Email notification of NOA2.

Sep 12 Received letter to say application would be forwarded to US Embassy.

Nov 23 Returned packet 3 to Embassy

Nov 30 Medical

2006

Jan 5 Got interview date

Feb 1 Interview. APPROVED!

Feb 2 Visa delivered.

Feb 7 Flight to Seattle.

Feb 8 Finally back home in Missoula, MT. I'm happy, John's happy & the cats are ecstatic - together again!

Apr 22 Wedding Day!

May 6 Sent AOS application

May 7 Honeymoon

May 23 NOA date for AOS, EAD & AP

Jun 12 Biometrics

Jun 15 RFE for AOS mailed

Jun 20 RFE received

Aug 16 RFE reply sent

Aug 31 AP approved!

Sep 5 EAD approved

Sep 8 AP received

Nov 13 Interview letter

Dec 14 Interview. Success!

Dec 26 Got green card!

2008

Oct 08 I-751 to remove conditions sent to CSC

Oct 14 NOA

Nov 21 Biometrics

2009

Jan 7 Approval notice

Jan 12 Received greencard

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