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Posted

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:

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Posted

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

Posted

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:

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Posted

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

  • 8 years later...
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Thread from 2016 is now closed to further comment.  The most recent poster is welcome to start a new thread with his own questions.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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