incompetent

[Shiobhan 235]

Mentally incompetent, in what capacity? There have been cases in some states where parents of ( mentally challenged teens/young adults) have tried to have these young ppl tubes tied, get them a vasectomy,

or down the idea of them getting marry, some due to manipulations. fear they may be abused, they may get hurt emtionally, or may end up with a baby like themself, most times the court will take that young

person side if they are functioning in society, but if its mental as in homocidal/sucidal, meltdowns and drama they would not see this classified mental person capable to marry and petition someone.

[pieroot 43]

Mentally incompetent, in what capacity? There have been cases in some states where parents of ( mentally challenged teens/young adults) have tried to have these young ppl tubes tied, get them a vasectomy,

or down the idea of them getting marry, some due to manipulations. fear they may be abused, they may get hurt emtionally, or may end up with a baby like themself, most times the court will take that young

person side if they are functioning in society, but if its mental as in homocidal/sucidal, meltdowns and drama they would not see this classified mental person capable to marry and petition someone.

makes total sense.

[Operator 1,927]

Mentally incompetent, in what capacity? There have been cases in some states where parents of ( mentally challenged teens/young adults) have tried to have these young ppl tubes tied, get them a vasectomy,

or down the idea of them getting marry, some due to manipulations. fear they may be abused, they may get hurt emtionally, or may end up with a baby like themself, most times the court will take that young

person side if they are functioning in society, but if its mental as in homocidal/sucidal, meltdowns and drama they would not see this classified mental person capable to marry and petition someone.

Some may argue that prohibiting some individuals to marry is similar to forced sterilization.

[bigdog 376]

Oh boy.........

[mtcmk1 37]

Check out the laws in your area first. But as stated already, mentally incompetent individuals often have a guardian who signs on their behalf, explain things to them, etc. It would be as if they're under 18 and need a parent's approval. Therefore, I would believe that once the guardian approves the decision (and sends a notarized letter stating that fact with the I-129F application), there might be a great chance of the person getting approved.

I would, however, suggest that this person marries first and then apply for the K3 visa instead of going the K1 visa (which may be more of a headache in getting approved.)

[LORIEandPHIL 123]

Check out the laws in your area first. But as stated already, mentally incompetent individuals often have a guardian who signs on their behalf, explain things to them, etc. It would be as if they're under 18 and need a parent's approval. Therefore, I would believe that once the guardian approves the decision (and sends a notarized letter stating that fact with the I-129F application), there might be a great chance of the person getting approved.

I would, however, suggest that this person marries first and then apply for the K3 visa instead of going the K1 visa (which may be more of a headache in getting approved.)

CR-1 and not a K-3. K-3s are obsolete.

[lunaboriken 2]

Well the OP posted a very simple one line question. They gave no specific details about the case or the parties involved. So I gave a general answer.

I dont disagree that people who are declared as such dont have the right to marry.

The simple facts are in order to file a K1 petition you

must be a citizen

intend to marry within 90 days

you are free to marry

and you met with in 2 years or qualify for a waiver of that requirement

So the 'hitch' here is the free to marry clause. A person deemed mentally incompetent usually is not free to marry with out the consent of their legal guardian. (unless like posted above theres a clause that allows them to marry but not control their finances)

Therefore the initial petition would only be approved if USCIS had no knowledge of the fact that the petitioner was deemed mentally unfit.

There would be further issues as the K1 process moves along, as the petitioner would have to submit the I134 aff of support, which is a contract they would be unable to legally sign on their own.

So a person deemed mentally unfit would not be able to obtain a K1 visa w/o the support of their guardian. And even with the full support of their guardian it would be a difficult case, as the fiance would have to prove to the embassy that the relationship is legitimate.

IMO if someone is in this situation, where one person is disabled and has a guardian, the easier path would be the spousal visa route. When you compare the K1 to the spousal visa route, the cost and processing time is very similar, and if the petitioner has the full support of their guardian, then it shouldnt be a problem to marry their love and have the guardian help them with the necessary paperwork to bring them to the US.

USCIS requires a medical evaluation and that has a reason. They want to make sure you are physically healthy and mentally stable. Someone who is not mentally stable is a financial burden to the spouse and state. Therefore, its does not qualify.

I suggest you read the forms carefully and call USCIS if you have any questions.

Edited January 7, 2013 by lunaboriken

[Operator 1,927]

USCIS requires a medical evaluation and that has a reason. They want to make sure you are physically healthy and mentally stable. Someone who is not mentally stable is a financial burden to the spouse and state. Therefore, its does not qualify.

I suggest you read the forms carefully and call USCIS if you have any questions.

Perhaps a quick re-read of the original post.... The question was "If someone is declared mentally incompetent, can they still petition for a k1 visa. - the petitioner i am asking about."

The OP wasn't asking about the beneficiary and there is no requirement for the petitioner to have a physical.

[lunaboriken 2]

Perhaps a quick re-read of the original post.... The question was "If someone is declared mentally incompetent, can they still petition for a k1 visa. - the petitioner i am asking about."

The OP wasn't asking about the beneficiary and there is no requirement for the petitioner to have a physical.

I can reply whatever I want to share... the post is the same as not reading the papers they need to read....