212(a)(1)(A)(III)

[KTMguy 0]

Bad times for us! My fiancee had her interview and only to find out that she is mentally ill. This was a shock to her and completely not true but this is what came for the 30 minute session with a phycologist at St. Lukes.

She was not denied the visa but they didnt approve it and the embassy decided to transfer the papers back to the US for final word. Which I hear is denied!

Here is what was mark on the paper she received for reason why....

You have a physical disorder that has led me to behavior that has posed a threat to the property, safety or welfare of other of yourself or others, and this behavior is likely to recure or lead to other harmful behavior.

Does this mean she can never be eligibible for a visa?

[Traviesa 0]

Oh #######. I don't know what to tell you about that. My suggestion would be to get in touch with an attorney. I'll go ahead and recommend Laurel Scott, who is our attorney. She will do a Consulation with you and be able to point you in the right direction. It's not expensive to do an e-mail consultation and she is very attentive. Go to her website www.visacentral.net and pay the fee, then send her an e-mail. Good luck!

And a lesson to everyone-if you don't want this kind of thing to happen to you, make sure you are prepared! More and more people are being sent for these "mental" examinations...they will ask you questions like have you ever thought of hurting yourself or someone else and various other things...DON'T say yes, even if that's the truth.

[Cygnet 0]

I don't have any advice but just wanted to say I'm sorry to hear this happened.

[Buttons 0]

wow, sorry to hear this info. You'll get it straightened out . Best of Luck.

[elizaxyz 0]

And a lesson to everyone-if you don't want this kind of thing to happen to you, make sure you are prepared! More and more people are being sent for these "mental" examinations...they will ask you questions like have you ever thought of hurting yourself or someone else and various other things...DON'T say yes, even if that's the truth.

That's bizarre, and rather scary. Sounds as though they're looking for excuses for denials.

Sorry to hear it, KTM. Definitely sounds as though an attorney is needed. Good luck to you both.

Edited April 27, 2006 by elizaxyz

[KTMguy 0]

Thanks all.

You the she wasn’t even asked about wanting to hurt others or her self. This all started it seem because of a few scars on her arm and the fact that she lost a son and a husband. The question centered around manly her husband, son and if she was the sole provider of her daughter. It almost seems like she was profiled....scars, death, widowed and hard times = depression and self-abuse. There was no criminal record for her or anything I know except this that could have resulted in a diagnosis of a mental disorder.

Also she was not allone! There were many.... as she put it.... at St. Luke with the same problem but they were all denied but she was not yet. Which leads me to believe that there was not proof enough but the Embassy chose not to make the choice.

Edited April 27, 2006 by KTMguy

[Traviesa 0]

And a lesson to everyone-if you don't want this kind of thing to happen to you, make sure you are prepared! More and more people are being sent for these "mental" examinations...they will ask you questions like have you ever thought of hurting yourself or someone else and various other things...DON'T say yes, even if that's the truth.

That's bizarre, and rather scary. Sounds as though they're looking for excuses for denials.

They are...you should hear some of the stories out of Mexico. There's actually a Practice Advisory out from the AILA about things like this...I'm surprised to see this from the Philippines...really surprised.

Thanks all.

You the she wasn’t even asked about wanting to hurt others or her self. This all started it seem because of a few scars on her arm and the fact that she lost a son and a husband. The question centered around manly her husband, son and if she was the sole provider of her daughter. It almost seems like she was profiled....scars, death, widowed and hard times = depression and self-abuse. There was no criminal record for her or anything I know except this that could have resulted in a diagnosis of a mental disorder.

Also she was not allone! There were many as she put it at St. Luke with the same problem but they were all denied but she was not yet. Whick leads me to believe that there was not proof enough but the Enbassy chose not to make the choice.

Like I said, get in touch with the lawyer...she can point you in the right direction!

[MaryandMian 1]

I am sorry to hear that she was given a 212 after her medical. I hope you can overcome this and would check with a lawyer if you can. Will be remembering you in my thoughts and prayers.

Mary

[babybunny 2]

Bad times for us! My fiancee had her interview and only to find out that she is mentally ill. This was a shock to her and completely not true but this is what came for the 30 minute session with a phycologist at St. Lukes.

She was not denied the visa but they didnt approve it and the embassy decided to transfer the papers back to the US for final word. Which I hear is denied!

Here is what was mark on the paper she received for reason why....

You have a physical disorder that has led me to behavior that has posed a threat to the property, safety or welfare of other of yourself or others, and this behavior is likely to recure or lead to other harmful behavior.

Does this mean she can never be eligibible for a visa?

did she have cuts on her? seems like she has perhaps suicidal issues.

oopss did not read all the postings..

i have read where people have stress to the point they cut or scrach themself. thats one thing the DR looks for.

[morocco4ever 63]

Originally I thought this was a 221g, but you said it was a 212. Are you sure? A 212 is more serious, and you will need to work immediately on an appeal. Have you looked at the link concerning 212's? I don't have it off hand, but you need to read it.

[KTMguy 0]

Originally I thought this was a 221g, but you said it was a 212. Are you sure? A 212 is more serious, and you will need to work immediately on an appeal. Have you looked at the link concerning 212's? I don't have it off hand, but you need to read it.

Yes im sure it is a 212 but the weird part is that they didn’t just denier her. When I read about 212 problems most all are flat out denials. The Embassy commented about her condition being a very long time ago but he still can’t approve it. So he was talking about the time period when her husband and son died im sure. Which was about 14 year’s age. Most of the scars she has happened after that time period but she does not have a whole bunch and they are not on her wrist. She has never showed me a behavior that would make me believe she would hurt her self or another. She did say when the doctors saw the scars they said.....you have scars and bad thing happen in your life...you much have mental problems! It sounds like profiling to me and your guilty in there eyes already. There is a reason for all the scars and they all happened at different times but one happened right after her husband’s death. It involved the mother in law. She never liked my fiancée....she said she is to poor and she didn’t want her son to marry her. After her husband died the mother in law came to her home while she was at work and removed all of my fiancée and late husbands things and claimed them as hers. My fiancée was very mad! Who wouldn’t be but she didn’t have a physical fight with her. In the struggle to get her things she was cut. I think it was a kind of wrestling match to get back her things but imp insure of all the details. I will find out more when I get there. She told this story during her medical but I think she probably was being to honest about what happened. The others are typical accidents. The only ones that look strange are the ones on the upper part of her forearm. They are pretty straight and clean cuts. There are about four of them. This happen about 6 mos ago she tripped on a path that had roots coming out of it. Her foot caught the root and she fell forward on some broken glass. I saw her online shortly after it happened. Her knee was scraped and her shoe was damaged. I’m sure this happened just like she said and was not self inflicted but they are the only ones that could appear to be self inflicted. She had others there with her when it happened to so we could get a statement if needed. I wonder if the mother in law could have got wind of her getting the visa and wrote a letter or something to try and make trouble??

I have talked to a couple lawyers about this and they tell me since they didn’t deny her that they probably send this back for an advisory but it may not be that too. If it’s sent for an advisory then it will probably be eligible for a waiver. Which I hear waiver are hard to get approved and takes a good about of heart ship on my behalf. They won’t care what happens to her only me and my kids. Fortunately if it comes to that the lawyers say I have a good case but nothings for sure. If that does not work she is band from getting a visa forever. She will be labeled mentally ill! That doctor really screwed us!

I’m defiantly having my own mental issues right now!!! I’m so depressed about the out come. Our out look is not real bright and I hope to have better news when I return. I leave tonight for manila and im hope this is not the beginning of the end for us! She told me last night that she would wait there for me until I retire if I wanted her too. She just wants me to come visit her every year. I didn’t have the heart to tell her that I can’t live like that and my retirement is at lease 20 years away! Like I said before she is a good gal and does not deserve this.

This is a warning to all. If there is a mental review lie and don’t associate scars in a time period with tragedy even if that is when they happened and if they ask you about scars make them sound really innocent. My fiancée was a little too open and honest I think. She just didn’t want to lie she told be and now look what she got! Also none of the above my work because it sure feels like she just fit the scenario they wanted and already made judgment but if the truth can be associated with a possible destructive or abusive nature then it defiantly won’t help to be honest.

Originally I thought this was a 221g, but you said it was a 212. Are you sure? A 212 is more serious, and you will need to work immediately on an appeal. Have you looked at the link concerning 212's? I don't have it off hand, but you need to read it.

Morocco4ever,

I was told I can't file an appeal to a K1 only a K3. I thought about getting married while I am there if things dont look good for the K1 but the lawyers I talked to advised me not too and that its real important to get this fixed because she will be on file at the hospital and the embassy as ineligible becasue of mental condition. If I reaply with a K3 its will be near impossiable to fix this at that time. Let me know if you know different. I did get ahold of Ellis too. It took a call to bangkok and he was quite helpful.

Thanks

Edited April 28, 2006 by KTMguy

[KTMguy 0]

I just got a ray of hope!! I have been calling all week to find out the status of the petition because I wanted to make sure her petition had not left Manila. All week there have been no updates....which is a good sign. Today i called and there is an up date! It sounds like they want futher medical proof. So that alines with what I have been saying"there much be a doubt" other wise this was grounds for all out denial. Im feel a bit better know we have a chance so next week im meeting with embassy to find out what they need and we are off to the best doctor I can find there!

[morocco4ever 63]

I just got a ray of hope!! I have been calling all week to find out the status of the petition because I wanted to make sure her petition had not left Manila. All week there have been no updates....which is a good sign. Today i called and there is an up date! It sounds like they want futher medical proof. So that alines with what I have been saying"there much be a doubt" other wise this was grounds for all out denial. Im feel a bit better know we have a chance so next week im meeting with embassy to find out what they need and we are off to the best doctor I can find there!

I so hope this is true! Please keep us informed.

[iceyspots 0]

yes... please keep us informed... they have to realize that they can't just deny people on speculations of attempted suicide/harm!! I hope everyting works out for the best for you!!!

[KTMguy 0]

Hello all,

I’m back. I went to the Embassy last week and what I found out is that my fiancées medical report was electronically sent back to the US for what is called an advisory. The person at the embassy that helped me said that this means it will come back approved or they will probably offer a waiver. I tried to get some info as to what her medical said but they wouldn’t comment on that but they did tell me the only evidence they had was the medical report for St. Lukes. So im hoping for an approval but if we are offered a waiver can anyone tell me what we are in for and how long they take to process. I was told I have a very good case for a waiver approval.

You know I found it very strange at the Embassy because all I could see were philipinos working there. From the gaurd to the person that helped me at the window they were all philipinos. The only americans were in the waiting area with me waiting there turn at one of the windows.