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[AFQuaid 18]

Hi All,

I've never visited this forum before to post, but have skimmed the occasional discussion. Our story is mostly known by folks in the K-1 and Foreign Embassy discussion forums, so you might be unformilliar with our case. Here's a brief;

We are probably one of the youngest couples going through this process, that is the K-1. We had known each other 5 years previously before my fiance, Andy proposed online then officially when we first met face to face in June 2005. As you can see by our timeline we have had many obsticals and delays but despite that we are still fighting and now awaiting an interview date. Andrew and I have baggage, not the sort most have like children or divorces. But medical baggage, we both have a chronic condition which slowly worsens and have a heap of medical notes each. We are STRONGLY aware that when it comes time for my medical in London (I have arranged special arrangements with permission from London Embassy to have medical and interview on same day) that my medical condition may cause a denial. I have armed myself with doctors letters on my health and factsheets on the illness to help. We also understand because we both depend on benefits (Andys on SSI) myself on DLA finationally even together we were below the poverty line. So we have a co-sponcer. But despite this we are also aware despite all our hard work and "paperwork" we have prepared to throw at them in our favor, it may not work. Don't get us wrong we ARE extremely positive despite relatives constantly pushing the fact we might not get approved. We have endured every possible obstical in this process so far....including an RFE, getting caught up in requirement changes, getting special permission aswell as battling with other companies to give us evidence to supply to help with our case. We are SO trying to keep a bright look on things that if we got through near 9 months of this...we'll get there in the end. But if we don't, we need to know what to do. We're the type of people who need to be somewhat aware of the proceedure we face if we are denied this visa. Because we know in our hearts that if that happens and we don't know what the next step is, we will be in a complete mess emotionally. This is where I need to ask a few questions if anybody can give ANY even the smallest bit of information that'd be great. We need to be prepared for what happens either way, and if we do get knocked back, we need to be able to focus straight for that light at the end of the tunnel and get going with what we have to do asap. We don't want to be in a situation where we're denied and totally clueless on what to do next.

Here's what we'd like to ask;

1. I have read of a medical waiver but what I have read seems to say that you can go through that root if you were denied because of "mental" illness nothing really mentioned about physical. Our conditions DO NOT affect us mentally and never will just physically. If this medical waiver is the road we have to go down, is physical illness and mental the same waiver as what I saw, despite it highlighting denial via mental illness more?

2. My father speaks of appeal precedures? Is that the same thing as getting a waiver? Can a appeal/waiver overide a denial?

3. If the reason for denial is finational despite a co-sponcer, is a different appeal/waiver procedure available? What is that called?

4. For either medical or finational grounds of denial am I right in thinking we will end up waiting a further 6 months with our case going through AP?

5. What happens if we are refused a waiver for either of both situations? Can we attempt another visa root? Perhaps a k3? Or would the only option to be then that Andy would have to come to England in order for us to be together?

6. I heard for overstays people are denied (example) and have to write a letter of hardship to ...(no idea). Is this part of an appeal/waiver process or something different? Is it the same if you are denied on medical or finational grounds, that you need to write a letter of hardship?

We have absolute NO idea how waivers/appeals work in this process despite learning so much about the K-1 stages and ins and outs and all our difficultes and obsticals.

I know the majority of you will say we really need an attorney because our case is so complex, despite we've come this far on our own. But getting an attorney is not an option, even the MDA hasn't responded to our request for support.

Any input, advice, experiances ....anything would be great. Thank you!

[onwa 6]

I believe you will probably have to file a waiver (I601) as that includes inadmissabilty for physical reasons. I have heard of couples successfully filing waivers for having AIDS or TB. It is a good idea to have it prepared before the interview so you can subit right away--if there is a denial.

I hope more people will give you better advice.

[meauxna 15]

Fiona,

you can browse through the Dept of State and USCIS sites for the list of "inadmissiblities". The primary hurdle you likely face is not your physical condition per se (usually that applies to contageous diseases like HIV, TB etc) but the Public Charge issues (money money money). Your preparation is admirable--I have been watching your case with interest because I really like you two (you have a future as a writer of some kind!) but also because your case is so unique. I was worried at first that you weren't 'hip' to some of the issues you face, but I have to also tell you now that I think you're doing a great job of anticipating! I know you don't know me from Adam so don't know how much the above means to you, but there you go anyway.

So, as onwa suggests, the I-601 waiver is what you file to overcome an inadmissibility---but you need to know if you are or are not admissible first.

I just googled "inadmissibility" (ok, to check my spelling, I'm the worst) and hit several helpful links.

This one explains the different types of inadmissibility: http://www.visalaw.com/05apr1/2apr105.html

What are health related grounds of inadmissibility?

Persons with communicable diseases that are considered significant public health risks are inadmissible. Among these diseases are HIV and tuberculosis. Also, a failure to show documentation of certain vaccinations is a ground of inadmissibility. Persons with a history of physical or mental disorders that have or may in the future pose a threat to the property, safety, or welfare of the person or others is inadmissible. Finally, people found to be drug abusers are inadmissible.

This is probably where you got the mental health idea, and you can see that the medical inadmissibility guides do not apply to you.

How are public charges related to inadmissibility?

A person who is likely to become a public charge is inadmissible. The effect of this is that family-based immigrants must have a valid affidavit of support.

I don't know if the Consular Officer can or will accept an Affidavit of Support I-864 from you instead of the usual I-134, but it might not be a bad idea to prepare one anyway. It is legally binding and will allow A's mom to be a "joint sponsor" instead of the legally flimsy I-134. You will need this document for the Adjustment of Status anyway.

If you are really interested, you can find the relevant law posted via uscis.gov (look in the left menu). You will find the legalese in there about overcoming any *potential* inadmissibility.

When someone is determined to be inadmissible, their visa application is denied. They then have the opportunity to file a waiver of the inadmissibility (this is the appeal your dad is thinking of). If the waiver is approved, the inadmissibility is "waived" and a visa can then be issued (if that was the only reason for the denial). That's why you have to wait until you go through the interview and get denied. Now, when someone *knows* ahead of time that they will not be admissible, they can prepare their waiver application ahead of time and present it at the visa interview after the denial. Your case is not so obvious.

There is a really good forum dedicated to these types of waivers, and a great lawyer who helps out the DIY community there. She may be able to offer you a free legal opinion on your chances of needing a waiver or not, and point you to some resources for preparing your own. If she advises you that your (potential) waiver case is *not* a DIY case, you can believe her. She has a very good reputation for being honest, good at her specialty and is not put off by DIYers. That forum is here: http://www.immigrate2us.net/forum/viewforum.php?f=26

If "if" piled up on "if" and your visa app and subsequent waiver were both denied, filing for another visa type would not solve that underlying problem. But I think by that point you would have an arsenal of other options, so I'd suggest that you cross that bridge if and when. You've got enough worry for two right now.

See if you can recompose your question to just the Public charge inadmissibility issue with the info you get from reading here and there, and then post your question to immigrate2us. Maybe someone has faced a similar issue before and can give you an idea. If not, look for Laurel Scott's website and her free Wednesday chats.

m

Edited June 26, 2006 by meauxna

[Baileyj96 0]

Hi AfQuaid,

Wow I think your are unfortunately breaking new ground here on VJ. I know nothing about medical denials but I can tell you something about the waiver process.

First you will find out at your interview if you will be denied and If there is a waiver available. I did try looking for information on visa denials for physical disability but didn't find much about it. I would imagine that if you are denied because of the financial part of this process, you would be given the opportunity to correct that with further information or they should inform you of what would be required. I have heard that they can require a bond to be posted for proof that you would not become a burden to the us but I have never actually heard of anyone who was required to do this.

If you are denied because of the physical disability and there is a waiver available for this they will explain to you what is required for this also. Our case is different but if you are required to complete the I-601 waiver, you will need to pay the $265. fee. You will fill out the I-601 form and you and your fiance will both be required to write a hardship letter. You will basically need to prove that it is impossible for your fiance to move to the UK.

If you have the waiver ready at your interview they will go over it with you then and make sure all your paperwork is in order. If everything is in order then they will accept it that day. They will keep it for a few weeks and make their recommendations before forwarding it to the London sub office. (ours took 4 weeks to make it upstairs lol) After the sub office receives it, they have it posted right now that it is taking between 12 and 15 weeks for a decision. (give or take a few weeks)

If your waiver is approved you will be contacted to send your passport to the embassy and they will post your visa back to you. If your waiver is denied then you can appeal but from what I understand it isn't advisable unless you have new evidence. You can also completely refile with a new fee and hardship letter.

I want to wish you both the best. I have a sister who has progressive MS and I know how difficult everything can be. You both deserve the best and to be together. Wish I could help more.

Best wishes,

Baileyj

WHOOPS........ see meauxna beat me to it...........and had more info that i did. lol

Edited June 27, 2006 by Baileyj96

[AFQuaid 18]

Hey Guys,

Thank you for your EXTREMELY informative replies. I can tell you now we both have a much firmer idea of the waiver process or at least the basics. I read the responces out loud on Yahoo to Andy whilst he followed reading because our connection is a bit flimsy tonight.

Meauxna,

What can I say? Other than thank you for the compliment. I may not know you from adam but I do "see" you around alot and respect your knowledge and opinion. I speak for myself when I say that I can completely understand why somebody would think we weren't 'hip' or serious or know what we're doing. Age seems to be the biggest factor on that. But we are extremely (I guess that's my new word of the day lol?) interested in the whole legal/visa process because we HAVE to be, if we didn't clue ourselves up on this we'd be in a fine mess. Thanks to the wonderful folks and sources on VJ we got further than we thought we could, and we're more aware of what to expect.

We're going to look over the links that were given and have a good discussion on possible waiver preparation but as you said it isn't so "obvious" what might be the issue. My parents are very doom and gloom and think it will be a medical related denial but we realise that it may be more public charge, financial (I'm not the only one thats not exactly going to win a spelling B lol). I get a bit confused about a "joint sponcer" and a "co-sponcer." At the moment in my portfolio I have I-134 forms from both Andy and co-sponcer (andy's mom)....I am unsure if that makes them a joint sponcer? I suppost the term doesn't really matter but hey, it's good to know.

Anyway as I said we're going to discuss this, my portfolio is already 6 inches thick with copies and "just in cases." We're on the mindset that because we're having both medical and interview on the same day we won't actually be told if we're approved then and there. Because they'd need time to get the medical results an review them for there decision. So any prior preparation to take any forms incase a denial to hand over wouldn't work because we wouldn't know if we're approved/denied nevermind on which grounds. BUT it woul be useful to have them to send off quickly once we find out via mail. Thank you very much folks