K-1, HIV and "Public Charge"

[Schulley 20]

If she is not showing any symptoms, it probably will not come up during the medical exam. They will NOT test for it without her permission. She should not volunteer the information to the doctor unless s/he asks a question in which nondisclosure in her response would be a lie to the doctor (e.g., "Do you have any current medical conditions?" or "Are you currently taking any medication?"). If it never comes up during the medical exam, it will not come up during the interview.

[reyem 0]

You were correctly understanding. You do not need to submit any info about your finances or the HIV medical condition with the filing of the I-129F petition to begin the process. They should not test for HIV either, but they will be asked medical questions and being HIV+ would come up at the medical. Yes, you should be honest about it. Taking a letter from your regular doctor testifying to the fact that you are healthy and the prognosis for continuing to remain healthy could be quite helpful.

What the medical exam will entail > http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions-panel-physicians.html

HIV guidance for panel physicians > http://www.cdc.gov/immigrantrefugeehealth/exams/ti/hiv-guidance-panel-civil.html

Thanks KayDeeCee

This is very helpful.

So the suggestion is to have a doctor's report / letter ready? I just talked to my girlfriend and she says the clinic should have no problem issuing one for her. Are you sure the doctor or examiner at the embassy-appointed clinic will file that letter together with the report, as it's not a document generated by them? I am just wondering aloud as there's no way for that doctor to ensure the letter is authentic.

If she is not showing any symptoms, it probably will not come up during the medical exam. They will NOT test for it without her permission. She should not volunteer the information to the doctor unless s/he asks a question in which nondisclosure in her response would be a lie to the doctor (e.g., "Do you have any current medical conditions?" or "Are you currently taking any medication?"). If it never comes up during the medical exam, it will not come up during the interview.

Thanks Schulley,

Yes, my understanding is that if asked one should tell the truth. But now having done some researches I have been told that in some cases those questions you quoted were not asked. I wonder if anyone has similar experiences.

Reyem.

[KayDeeCee 4,893]

Thanks KayDeeCee

This is very helpful.

So the suggestion is to have a doctor's report / letter ready? I just talked to my girlfriend and she says the clinic should have no problem issuing one for her. Are you sure the doctor or examiner at the embassy-appointed clinic will file that letter together with the report, as it's not a document generated by them? I am just wondering aloud as there's no way for that doctor to ensure the letter is authentic.

Yes, I would have it ready to show at the medical. The panel physician can take note of it and perhaps include it with the rest of her medical documents. I would take another copy of it to the interview as well, just in case.

This would be the reason to show the letter about being healthy >

'The panel physician must include a statement of likely degree of disability and the need for extensive medical care or institutionalization for any Class B conditions identified during the examination.'

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions/panel-physicians/medical-history-physical-exam.html

Also, here is more from the Foreign Affairs Manual to read through about the medical exam > http://www.state.gov/documents/organization/87492.pdf

[reyem 0]

Yes, I would have it ready to show at the medical. The panel physician can take note of it and perhaps include it with the rest of her medical documents. I would take another copy of it to the interview as well, just in case.

This would be the reason to show the letter about being healthy >

'The panel physician must include a statement of likely degree of disability and the need for extensive medical care or institutionalization for any Class B conditions identified during the examination.'

http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technical-instructions/panel-physicians/medical-history-physical-exam.html

Also, here is more from the Foreign Affairs Manual to read through about the medical exam > http://www.state.gov/documents/organization/87492.pdf

Thanks again,

I look at the definition of Class B:

" .. 2) a physical or mental disorder that, although not constituting a specific excludable condition, represents a departure from normal health or well-being that is significant enough to possibly interfere with the person's ability to care for himself or herself, or to attend school or work, or that may require extensive medical treatment or institutionalization in the future (Class B condition)."

Is there any guidelines on how to interpret ".. in the future"? It maybe a moot point, but are most of will be needing medical treatment in some point "in the future"?

[JAGottlieb 1]

Does anyone have any expierence with being HIV and then the panel doctor asking for Sputum cups?  We are worried if we leave USA, the HIV from what I can read will require Sputum Cups for TB infection and those take 2 months to result.  Any information would be helpful!  Thank you so much!