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JeniandSam

Foreign fiance unemployed and receiving public assistance for Asperger's

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Hi everyone!

 

Let's start off with some good news: our I-129F was approved by the USCIS on May 18th! 

 

My fiance was diagnosed with Asperger's in 2013. He had been on public assistance since and is unemployed. He is from the UK.

 

Our lawyer advised us that this should not be an issue at the time of interview, but obviously, I cannot help but be concerned with the ongoing emphasis on denying visas to those who could become a public charge in the United States. 

 

I am fortunate enough to earn a high salary that can support us both. My employer offers free healthcare to all dependents, so he is covered there.

 

I may be looking for peace of mind but equally, truly any advice from those who have found themselves and their loved one in a similar situation.

 

Appreciate your help in advance.

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48 minutes ago, JeniandSam said:

Hi everyone!

 

Let's start off with some good news: our I-129F was approved by the USCIS on May 18th! 

 

My fiance was diagnosed with Asperger's in 2013. He had been on public assistance since and is unemployed. He is from the UK.

 

Our lawyer advised us that this should not be an issue at the time of interview, but obviously, I cannot help but be concerned with the ongoing emphasis on denying visas to those who could become a public charge in the United States. 

 

I am fortunate enough to earn a high salary that can support us both. My employer offers free healthcare to all dependents, so he is covered there.

 

I may be looking for peace of mind but equally, truly any advice from those who have found themselves and their loved one in a similar situation.

 

Appreciate your help in advance.

If this question is brought up and I doubt it will, but just respond by saying that you have healthcare. This healthcare covers pretty much everything so he will not be a public charge. 

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I don't foresee having an issue. The two things they will look for are 1) the risk of him becoming a public charge (which the Affidavit of Support will address), and 2) that he can receive sufficient care while in the US. If you were borderline on the financial aspect then it might be an issue, but if you're well above the minimums then I don't think there will be a problem. Insurance + income should be sufficient for any such concerns.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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41 minutes ago, geowrian said:

I don't foresee having an issue. The two things they will look for are 1) the risk of him becoming a public charge (which the Affidavit of Support will address), and 2) that he can receive sufficient care while in the US. If you were borderline on the financial aspect then it might be an issue, but if you're well above the minimums then I don't think there will be a problem. Insurance + income should be sufficient for any such concerns.

Thank you - my employer provided a letter stating he would be covered after we got married and as soon as we informed the insurer.

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6 minutes ago, JeniandSam said:

Thanks! All of these little details really do lead to high levels of anxiety!

I totally understand that because I have been in the same place as you, so don't worry. Make sure to have all your ducks in a row like for example documentation. Once you do this then everything will fall into line and their shouldn't be any problem. 

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54 minutes ago, cyberfx1024 said:

I totally understand that because I have been in the same place as you, so don't worry. Make sure to have all your ducks in a row like for example documentation. Once you do this then everything will fall into line and their shouldn't be any problem. 

Thank you for the comradery and support!

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Filed: Citizen (pnd) Country: Turkey
Timeline

My fiance didn't receive government support before going here but was unemployed when i sponsored him ( and has never had a full time 9-5 because he was a student before that ). Didn't seem to be a problem, as long as its explained clearly. 

 

Plus, the point of the Affadavit of Support is to declare your financial support for him in the future! 

Removal of Conditions

08/14/2019: I-751 mailed
08/20/2019: I-751 delivered to Phoenix
08/26/2019: Check cashed 
08/29/2019: 18 month extension letter received 
01/08/2019: Biometrics completed
 

Naturalization

07/29/2020: N-400 submitted online

12/21/2020: Interview date

 

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  • 2 weeks later...
On 5/25/2017 at 4:28 PM, sarahandyunus said:

My fiance didn't receive government support before going here but was unemployed when i sponsored him ( and has never had a full time 9-5 because he was a student before that ). Didn't seem to be a problem, as long as its explained clearly. 

 

Plus, the point of the Affadavit of Support is to declare your financial support for him in the future! 

Thank you! Always good to hear others' experiences.

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  • 2 weeks later...
Filed: K-1 Visa Country: Moldova
Timeline

I have a similar problem- would like guidance from those w experience. My fiancé just had his medical exam. Med personnel said "there is something on your lung X-rays." Fiancé followed up

At his own clinic and got X-rays. His clinic said he has a lipoma (benign) and can be surgically removed. I don't know what to think. Does this mean he won't pass the interview?

 

what criteria do they use at medical exam time to determine if fiancé should or should not be given visa? 

 

I make twice above poverty line (64k) but I myself don't have insurance (declined through employer) but can purchase insurance anytime or when change of "civil status" that is marriage or pregnancy .

 

any advice? 

 

I want the lipoma removed in the states so I can be near him but it will be much cheaper to do in his home country - not sure if that has to be done before interview 

Edited by Lenchique
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