Health waiver

[Tom2018 0]

Hi I am new here and heard the forum is very helpful. I hope so because I desperately need help/advice

 

I recently had double by-pass surgery and travel is forbidden during my recovery. I have a close friend in Thailand and she wants to come assist me during the recovery, but we have no idea what visa to file. She doesn't own property other than a small unimproved farmland. She is not in the medical field, but was an eye doctors fitting person for years. I had heard something about a "W" visa, but upon reseaarch I'm not sure it exists yet. I also have a girlfriend in Thailand that wants to come straight to me, instead of the helper lady. BUT I have not met her in person. We have chatted and video chatted daaily for several months.

 

Do you know of a visa to get the helper lady here quickly?

Do you know of a waiver of the meeting in person requirement of K-1?

Do you have any further advice or suggestion to get someone here to help me as I live alone and it is a daily struggle. Local health dept. has been of no use and I can't afford to hire a caregtiver in the USA.

 

 

Thanks in advance  and I hope I am in the right section.

[Roel 7,193]

There is no helper visa. And tourist visa is not suitable either.  Ask a family member or some actual medical professional to take care of you.  You said you can't afford a caregiver but can you afford to financially support that "helper" person? Since she'd be only depending on you for food, bills, insurance, etc. Just giving you and idea because if she'd somehow arrive on the tourist visa she would not be able to work. 

 

Your girlfriend can try to apply for the tourist visa and visit you. And k1 waiver for meeting in person is pretty hard to get since this is the most important requirement for the fiancee visa. 

 

Edited July 20, 2017 by Roel

[geowrian 22,338]

They can try for a tourist visa to visit you, but not provide care. That's about it for visa options, really. You cannot sponsor them for any work visa, and a tourist visa does not permit work or any activity that displaces a US worker (i.e. a caregiver).

 

There is a waiver for the K-1 requirement of meeting at least once in person, but it's very, very rarely approved. They take the in-person meeting requirement very seriously. The waiver is designed for circumstances such as where longstanding local customs prohibit meeting in person first, or when there is "extreme hardship" (to you, not them) in meeting in person. I don't believe the latter condition applies to you since 1) they can attempt to visit you, and 2) you have not stated that you will be unable to travel in the future. The couple medical-based waivers I've read about were all for chronic conditions that prevented travel, not for a period of recovery.

 

Furthermore, a K-1 is for a fiance/fiancee. You called her your girlfriend so are you ready to marry within 90 days of entering the US?

[Tom2018 0]

3 minutes ago, Roel said:

There is no helper visa. And tourist visa is not suitable either.  Ask a family member or some actual medical professional to take care of you. 

 

Your girlfriend can try to apply for the tourist visa and visit you. And k1 waiver for meeting in person is pretty hard to get since this is the most important requirement for the fiancee visa. 

 

As stated, I've not been able to get help locally, from anyone or organization.

 

The meeting requirement in our modern age is rather pointless  if you asked me. You cam know a person quite well and fall in love using modern tech, such as skype. Flying to Thailand, I simply can't do, but under the rules I could fly there, take a few pics at the airport and get on the next plane home.

 

I do not think my girllfriend would be granted a tourist visa since  she doesn't have a real reason to return. A small plot of empty farmland she rarely sees anyway. II'm hoping an I-601 might help

[Roel 7,193]

10 minutes ago, Tom2018 said:

As stated, I've not been able to get help locally, from anyone or organization.

 

The meeting requirement in our modern age is rather pointless  if you asked me. You cam know a person quite well and fall in love using modern tech, such as skype. Flying to Thailand, I simply can't do, but under the rules I could fly there, take a few pics at the airport and get on the next plane home.

 

 

 

Oh boy. Believe it or not, but a person can scam you very easily just on those Skype calls and Facebook messages. I can start skyping with anyone now and create the whole different person that I am at the real life. And trust me they would never know the real me. It's easy.  It happened before, it will always happen. Uscis will not waive the meeting requirements for you.  You can travel to her when you recover or you can meet in some other country where she doesn't need a visa. 

[Tom2018 0]

23 minutes ago, Roel said:

 

Oh boy. Believe it or not, but a person can scam you very easily just on those Skype calls and Facebook messages. I can start skyping with anyone now and create the whole different person that I am at the real life. And trust me they would never know the real me. It's easy.  It happened before, it will always happen. Uscis will not waive the meeting requirements for you.  You can travel to her when you recover or you can meet in some other country where she doesn't need a visa. 

The whole point is I need help NOW, not in 6 months or longer when I can travel. I don't think my girlfriend would qualify for a tourist visa and as I understand it, the I-601 doesn't mention tourist, but does mention K-1. We were planning on filing K-1, actually direct consular filing, during my planned trip there at the end of July(we both have the same b'day) after about a 9 months stay. But my heart surgery stopped the planned trip. I can't even drive for 6 weeks, which is 4 more weeks. 

 

When I passed out in the shower is also broke several teeth, making it very hard for me to eat. I can't have dental work done because I'm on heart medications and the bleeding would never stop. Until I have someone to help me at home, AND can be off the meds, they will not even consider the oral surgery. I am currently on blood thinners and anti-clot agents, so even a shaving nick will bleed for hours. Absolutely no chance of oral work while on these meds, which might be months before I can be off them long enough to clear the meds from my system, quickly get the oral work, then be back on the meds.

 

As far as your comment about being tricked, yes it can happen and has happened to me. Visited a viet and lived together for several months. Arrived in the USA, got married, she got on a bus to go be with her real boyfriend that couldn't afford to bring her here. The boyfriend wouldn't take her, so the government gave her a place to live and got her a job at Wal-Mart. So I've been through it and meeting in person didn't change a thing. Now I have private investigators involved, and my Thai girlfriend is a good honest girl....well not girl, she is 30.

 

I don't know if it would be possible to get the meeting requirement waived, or use I-601 somehow, along with extreme hardship just to get some help.  If I can get my girlfriend here, we're certainly are ready to marry(A Thai ceremony was already planned and paid for). I'm sure my doctor will be advising against sex for the foreseeable future though. I need help NOW, even if that is a referral to an attorney.

[geowrian 22,338]

15 minutes ago, Tom2018 said:

The whole point is I need help NOW, not in 6 months or longer when I can travel. I don't think my girlfriend would qualify for a tourist visa and as I understand it, the I-601 doesn't mention tourist, but does mention K-1. We were planning on filing K-1, actually direct consular filing, during my planned trip there at the end of July(we both have the same b'day) after about a 9 months stay.

Okay...there's a bunch of misunderstandings going on here.

1. An I-601 would be filed after the visa is refused (after the interview).
2. An I-601 is not for a tourist visa. It must be filed in relation to immigrant visa application (includes K-1 despite actually being a non-immigrant visa).
   1. What inadmissibility does she need waived anyway?
3. Refusal under 214(b) (aka "insufficient ties to return home" / "immigrant intent") is not waivable.
4. DCF only exists for the I-130...i.e. if you were doing a spousal visa, not a fiance visa (which uses the I-129F instead).
5. DCF requirements vary heavily from embassy to embassy...some only look for 6+ months of physical presence (+ maybe a signed lease) in that country while others require residency (meaning a valid visa/status that permits residency, not a tourist visa). So this may or may not be fine....just wanted to raise the point so you know to contact the embassy to get the specifics of what they will require for DCF eligibility so there are no surprises.
6. K-1 takes about 6-8 months from I-129F filing to visa in hand, on average. YMMV Either way, it won't help "NOW".

 

15 minutes ago, Tom2018 said:

As far as your comment about being tricked, yes it can happen and has happened to me. Visited a viet and lived together for several months. Arrived in the USA, got married, she got on a bus to go be with her real boyfriend that couldn't afford to bring her here. The boyfriend wouldn't take her, so the government gave her a place to live and got her a job at Wal-Mart. So I've been through it and meeting in person didn't change a thing. Now I have private investigators involved, and my Thai girlfriend is a good honest girl....well not girl, she is 30.

If you've previously brought somebody to the US and it turned out to be fraudulent, expect scrutiny.

 

15 minutes ago, Tom2018 said:

I don't know if it would be possible to get the meeting requirement waived, or use I-601 somehow, along with extreme hardship just to get some help.  If I can get my girlfriend here, we're certainly are ready to marry(A Thai ceremony was already planned and paid for). I'm sure my doctor will be advising against sex for the foreseeable future though. I need help NOW, even if that is a referral to an attorney.

The waiver for meeting in person is literally just an attachment (plus supporting evidences) you include with the I-129F. There is no premade form....you just write up the reason(s) you are requesting the waiver and fill in the I-129F appropriately. But like I said, the odds of approval are very close to zero. By the time they adjudicate your petition and waiver, you will likely be permitted to travel and therefore could then meet in person.

[Tom2018 0]

40 minutes ago, geowrian said:

Okay...there's a bunch of misunderstandings going on here.

1. An I-601 would be filed after the visa is refused (after the interview).
2. An I-601 is not for a tourist visa. It must be filed in relation to immigrant visa application (includes K-1 despite actually being a non-immigrant visa).
   1. What inadmissibility does she need waived anyway?
3. Refusal under 214(b) (aka "insufficient ties to return home" / "immigrant intent") is not waivable.
4. DCF only exists for the I-130...i.e. if you were doing a spousal visa, not a fiance visa (which uses the I-129F instead).
5. DCF requirements vary heavily from embassy to embassy...some only look for 6+ months of physical presence (+ maybe a signed lease) in that country while others require residency (meaning a valid visa/status that permits residency, not a tourist visa). So this may or may not be fine....just wanted to raise the point so you know to contact the embassy to get the specifics of what they will require for DCF eligibility so there are no surprises.
6. K-1 takes about 6-8 months from I-129F filing to visa in hand, on average. YMMV Either way, it won't help "NOW".

 

If you've previously brought somebody to the US and it turned out to be fraudulent, expect scrutiny.

 

The waiver for meeting in person is literally just an attachment (plus supporting evidences) you include with the I-129F. There is no premade form....you just write up the reason(s) you are requesting the waiver and fill in the I-129F appropriately. But like I said, the odds of approval are very close to zero. By the time they adjudicate your petition and waiver, you will likely be permitted to travel and therefore could then meet in person.

Could a K-1 with a waiver of meeting be filed outlining my health problems and protracted prognosis, expedition requested, and I-601 used as a back-up on the waiver? Your assumption of when I can travel is not accurate. I've been told to expect at least a year, closer  to two years before the doc will allow it. I likely could get her a student visa faster than K-1 anyway. She used to work as an eye technician and is certified in Thailand. Our plans were for her to come study after I had recovered some. She can get admitted and easily pass TOEFL. The problem with student visa path is money up front for tuition. The heart fiasco has me owing  nearly $200k . My current income from a cryptocurrency mining farm is enough for K-1, but I understand some fees can be waived.

[Lemonslice 4,943]

15 minutes ago, Tom2018 said:

Could a K-1 with a waiver of meeting be filed outlining my health problems and protracted prognosis, expedition requested, and I-601 used as a back-up on the waiver? Your assumption of when I can travel is not accurate. I've been told to expect at least a year, closer  to two years before the doc will allow it. I likely could get her a student visa faster than K-1 anyway. She used to work as an eye technician and is certified in Thailand. Our plans were for her to come study after I had recovered some. She can get admitted and easily pass TOEFL. The problem with student visa path is money up front for tuition. The heart fiasco has me owing  nearly $200k . My current income from a cryptocurrency mining farm is enough for K-1, but I understand some fees can be waived.

K1 waiver will require why your girlfriend can't travel to you and why you two can't meet in a third country.

 

Mining farm is very cool, I wish I had the resources to do it - is that your only income?  If so, have you read the I-134 and I-864 forms instructions, as you'll need to document your income.  

 

If you'd like to list your location, some members might be able to help you find local help to assist you now - any visa for your fiancee and friend will take time... 

[Roel 7,193]

Then the USCIS will tell you to meet in 2 years. The waivers are for people who cannot travel at all. Ever.

You can get her a student visa faster than K1? Then you have about 20,000$ lying around Since she'd need to show financial assets to cover her studies before getting a student visa.

 

[Tom2018 0]

8 minutes ago, Lemonslice said:

K1 waiver will require why your girlfriend can't travel to you and why you two can't meet in a third country.

 

Mining farm is very cool, I wish I had the resources to do it - is that your only income?  If so, have you read the I-134 and I-864 forms instructions, as you'll need to document your income.  

 

If you'd like to list your location, some members might be able to help you find local help to assist you now - any visa for your fiancee and friend will take time... 

She can;t travel to me because she doesn't qualify for a visa other than K or student. We can;t travel to a third country because I simply can't travel.

 

I've been mining since 2012 and is my only income now.......along with some trading. Right now it is down to about $300 a day. Certainly not rich territory, but runs fairly hands free.

 

I live in Mobile Al., not far from USA uni.

[Tom2018 0]

16 minutes ago, Roel said:

Then the USCIS will tell you to meet in 2 years. The waivers are for people who cannot travel at all. Ever.

You can get her a student visa faster than K1? Then you have about 20,000$ lying around Since she'd need to show financial assets to cover her studies before getting a student visa.

 

It is possible I can get medical records and doctor statement that I can not travel now or likely ever. Which is honest because of COPD getting worse. The student visa I have a bit oif advantage. My mother was a college professor and has extensive contacts in the college arena. That is something I plan talking to her about. She is old and doesn;t get out much, but still can make things happen at a college with a call or two.

[Lemonslice 4,943]

16 minutes ago, Tom2018 said:

She can;t travel to me because she doesn't qualify for a visa other than K or student. We can;t travel to a third country because I simply can't travel.

 

I've been mining since 2012 and is my only income now.......along with some trading. Right now it is down to about $300 a day. Certainly not rich territory, but runs fairly hands free.

 

I live in Mobile Al., not far from USA uni.

Has she tried to get a visa? You thinking she won't qualify is not enough... 

[Roel 7,193]

You honestly seem to think that uscis let a lot of things slide. It's not that easy at all. Your mom's contacts at the school do not matter at all. What will matter foe the immigration when it comes to the student visa: your girlfriend ties to her country and proof that she will come back (this is not an immigrant visa) and her paying for her school. She will not get a student visa without paying thousands of dollars for the school. 

 

I suggest you spend more time studying different types of visa. 

 

The meeting thing will not be waived because your girlfriend seems to fully capable of traveling. 

Edited July 20, 2017 by Roel

[Tom2018 0]

2 minutes ago, Roel said:

You honestly seem to think that uscis let a lot of things slide. It's not that easy at all. Your mom's contacts at the school do not matter at all. What will matter foe the immigration when it comes to the student visa: your girlfriend ties to her country and proof that she will come back (this is not an immigrant visa) and her paying for her school. She will not get a student visa without paying thousands of dollars for the school. 

 

I suggest you spend more time studying different types of visa. 

 

The meeting thing will not be waived because your girlfriend seems to fully capable of traveling. 

I don't get your hostility, but anyway, she got someone else free tuition recently. You mentioned money. I'm simply pointing out your 20k figure isn't set in stone. You say the meeting won't be waived because she is capable of travel. Yes, she can travel.....but where is she supposed to travel? I can't travel to a third country to meet her, so where should she travel and why, if not the usa.

 

Advice on types of visas is why I am here.