Bringing disabled UK husband to US

[SarahandTom11412 0]

Hi everyone!

Looking for other's experiences involving bringing their spouse/relative to the US from another country, particularly using the I-130/I-485 route.

Background:

I am a US Citizen and will be marrying my UK citizen fiance in the UK this year. We both want to settle in the US as soon as possible. My husband-to-be is permanently disabled and receives benefits here in the UK. I am unemployed presently due to immigration status, but worked as a nurse back in the US. My husband-to-be's sponsor for the I-130 is a relative of mine back in the US. Neither of us have children.

I'm unsure whether or not my fiance's disability status will affect his application to live in the US. We are using the correct forms for immigration purposes, right? It's so hard to determine whether you need the CR-1 or the I-130.

Regardless, the plan is to file the I-130 concurrently with the I-485 while we both reside here in the UK. Due to the nature of his disability, it is necessary that I stay with him and since his sponsor is in the US and isn't me, I can't see anything wrong with staying here while the application processes, do you? I've read that basically as long as your financial sponsorship is secure, that the rest of the process is pretty straight-forward, but I've read this as it relates to most normal cases where the spouse isn't disabled and will likely be seeking disability qualification in the US. The biggest issue I can foresee is being able to prove that we can afford the cost of insuring him for 6 months, a year, whatever.

Any advice or experiences to share is appreciated! Thanks guys

[belinda63 3,038]

You won't be doing concurrent filing since he isn't in the US. You will file the I-130, if you have lived in England more than six months as a resident you can DCF I think, and he will obtain a CR-1 visa. You will need to prove a domicile in the US or provide proof of intent to obtain a domicile.

As to his ability or the affect of his wanting to move to the US and file for disability I have no knowledge but it doesn't sound good. The US doesn't like people from other countries coming here and living off the taxpayers, this is the purpose to the I-864.

[NigeriaorBust 4,087]

If your husband's disability requires continued high cost medical care then you may be required to show coverage for the anticipated costs. Otherwise immigration could care less.

[belinda63 3,038]

http://www.ssa.gov/pubs/EN-05-11051.pdf in regards to his ability to file for disability through the US government. You will have to support him and pay for his health insurance. No free rides from the US government.

[Boiler 45,486]

What do you mean by disability qualification?

[lost_at_sea 995]

Yes, if you are residing in the UK for 6 months+ you should file DCF (see links in my signature), unless you are in the UK as a visitor/tourist. What visa are you in the UK on? Fiancé?

[Boiler 45,486]

01-30-2014: Apply for my visa to marry in the UK

[lost_at_sea 995]

01-30-2014: Apply for my visa to marry in the UK

*switches to desktop view. sees sig*

Ah, yes. Eligible, but got some time to do on the clock in the UK.

[SarahandTom11412 0]

I've been here in the UK for nearly 6 months on a visitor's visa. I'm flying back next week to apply for the fiancee visa, and we foresee no issues getting that whatsoever. Bless the ease of the UK immigration system!

Okay, right, Tom has a lifelong disability which primarily requires treatment with a few fairly common prescription medications. He *may* be able to work from home doing translation work in the US, but nothing substantial I can imagine. I say this because I noticed on the link for applying for SSI benefits there's a waiting period for newly admitted US residents. I already know getting him into the US medicaid/social security (SSI-D) system is going to be a bear and a half so I'm not even planning on going there--yet. I imagine we will end up consulting a lawyer simply because of his disability (or at the very least outright buying insurance--but I'm not sure he can purchase a US insurance plan without a SSN). Any thoughts?

I had completely forgotten about the DCF possibility! Since we were planning on heading back to the States eventually, I've left my financial arrangements there (as much of a pain as that's been) as well as maintaining a place of residence. I figure as long as my bank, bills, and mail is still going to my place in the States that should be enough (along with possibly any documentation of job interviews/offers I may secure or what have you). I'll have to read up on the DCF process, but I imagine it's largely the same as submitting it from the States.

[Boiler 45,486]

He would not be eligible for Medicaid or any other means tested benefit.

SSI I do not know how that operates.

Obamacare, yes, presumably however you will be nursing again and would get it through your work.

[SarahandTom11412 0]

Everything I've read includes waiting 5 years before you can attempt to apply for any sort of ssi-d, medicaid, medicare business anyway, but I don't think it's impossible. Regardless, having insurance is probably something they're going to want to see almost certainly when he goes for his visa interview.