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Pennycat

Tourist Visa (Mentally Disabled Sibling)

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Hi All. Pretty sure I know the potential problems with this but looking for any constructive input. My husband's family is in Costa Rica. His mom now has a 10 year B2 visa and has (properly) used it twice, for two short visits this calendar year (first one was for our wedding in January that was cancelled due to a blizzard, second one for our rescheduled wedding in April). We'd like to have his siblings (half siblings who he was raised with as full siblings if that makes any difference) visit for Thanksgiving.

His sister, 30/single we're pretty sure won't have much trouble (some, probably). She's highly educated (MBA), is the owner of the family business and does all the books and teaches business classes at the university. I'd say her biggest drawback is that she doesn't also own a home but she's traditional enough that she's living at home until she's married, which is not uncommon.

His brother, however.... I'm personally pretty worried. He's just turned 18 and has some sort of mental disability that I'm not entirely clear about but is marked enough that he's been in special schools his whole life and participates in the local Special Olympics events etc. Needless to say, he doesn't have a job and may never have one, let alone one "serious" enough to prove close ties. From the family's perspective, *obviously* he's not looking to immigrate-- his whole life and support system is in Costa Rica, and he's highly dependent on his family. I'm thinking that the consulate could just as easily figure that we'd want him to come live with us here and public charge etc (very much not the case. I am not equipped to raise a special needs teenager and we already have 3 adults in a 2 bedroom apartment and that's unfortunately not going to change anytime soon).

Anything I could possibly do or say to improve his chances and/or prepare the family for what I'm concerned will be a huge let down/ insult?

It stinks because while we can "make up" for missing out on this adventure by having holidays elsewhere (all meet up in Mexico or something), the specific draw is Thanksgiving which involves my whole extended family which is what he loves about it and what he wants his siblings to be here for :/.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Honestly if I was a CO I would give him a visa. But alas...

My question is that since you mentioned how the concern of the CO is that he will be a public charge is he in some form of therapy/ assistance now in CR? I know your family is taking great care of him but does the extent of his metal illness require official medical attention or is it managed only by the family.

If he requires official medical attention than that is where the "public charge" concern would come in.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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No, he's not in any ongoing therapy/medical needs. I think they may get some kind of funding from the government or that some kind of program was/is provided. Really not sure (but I can try to find out). If he receives any sort of benefits, would that help maybe?

I know there's nothing that I specifically can do in terms of making promises/petitioning etc, but in terms of helping to get organized to present his strongest case.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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The family perhaps could prep him for the visa interview so that he could present himself coherently.

Or you could email the US Consulate to ask if family member is allowed to accompany him for interview (His mental disability - medical condition necessitating assistance?).

Done with K1, AOS and ROC

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