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Filed: K-1 Visa Country: Wales
Timeline
Posted
5 minutes ago, CEE53147 said:

I do not understand why he did not have health and disability benefits since he apparently was working.

Because many jobs do not provide them, for someone new and probably doing something basic, most.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
1 minute ago, CEE53147 said:

Since it sounded like he had been working several years, he should have had some protections.  If this was a preexisting illness, how did he pass the medical?  Something is odd.

I think the only employees I know of in my County who have that sort of level of benefits work for the Government. What do you expect say Home Depot, a Supermarket or a Restaurant whatever to provide?

 

Simplistically illness is an issue if it is contagious.

 

May be a public charge issue for the I 864 but obviously not in this case.

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
20 minutes ago, CEE53147 said:

Since it sounded like he had been working several years, he should have had some protections.  If this was a preexisting illness, how did he pass the medical?  Something is odd.

You can pass the medical even with cancer. It is only communicable illnesses and potential harm issues that they are concerned about. As boiler says, public charge issues are a different consideration.

 

the fact remains that long term treatment for some things is ridiculously expensive in the US. Small example - the same brand prescription medicine that cost us less than $10 in my home country was nearly $250 here. Even with insurance the deductibles/out of pocket/exclusions make it totally understandable someone with something serious and chronic might want it treated elsewhere or might even only find it affordable there. Now - whether this is justification for an SB1 visa, is another matter entirely. 

Posted
1 minute ago, SusieQQQ said:

You can pass the medical even with cancer. It is only communicable illnesses and potential harm issues that they are concerned about. As boiler says, public charge issues are a different consideration.

 

the fact remains that long term treatment for some things is ridiculously expensive in the US. Small example - the same brand prescription medicine that cost us less than $10 in my home country was nearly $250 here. Even with insurance the deductibles/out of pocket/exclusions make it totally understandable someone with something serious and chronic might want it treated elsewhere or might even only find it affordable there. Now - whether this is justification for an SB1 visa, is another matter entirely. 

My brother had serious depression and another illness that I forgot what was that and it occurred after several years that's why my dad decided to bring him back to the Philippines. First, nobody was going to take care of him and no insurance to support his medical needs. Unlike in the Philippines that somehow could afford for his medical expenses.

Posted
2 hours ago, Boiler said:

I do not think the daughter has had her interview yet if I read it correctly, suggest he concentrates on showing that the treatment he obtained was not available in the US.

My niece, his daughter, has her interview on the 27th of this month. She has been absent in the US since 2012. 

Posted
Just now, PetraLynne said:

My brother had serious depression and another illness that I forgot what was that and it occurred after several years that's why my dad decided to bring him back to the Philippines. First, nobody was going to take care of him and no insurance to support his medical needs. Unlike in the Philippines that somehow could afford for his medical expenses.

It’s totally understandable he went back given what you describe.

However, i do not know if a conscious decision to return for those reasons meets the requirements of SB1 visa. To be honest I don’t think it does, but a competent lawyer might be able to argue the case.

Posted
1 minute ago, SusieQQQ said:

It’s totally understandable he went back given what you describe.

However, i do not know if a conscious decision to return for those reasons meets the requirements of SB1 visa. To be honest I don’t think it does, but a competent lawyer might be able to argue the case.

I read about SB1 visa and his situation was acceptable it's just that we need a competent lawyer that may be able to argue for his case. 

Posted (edited)

There's nothing a lawyer can do with the SB-1.

If they tried to return via the existing green card and referred to an immigration judge to make a final decision about abandonment of residency, then a lawyer can argue the case. For the visa, there's not really anything to argue (re: doctrine of consular non-reviewability).

Edited by geowrian

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

 

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)
16 minutes ago, PetraLynne said:

My niece, his daughter, has her interview on the 27th of this month. She has been absent in the US since 2012. 

She was approved, oops later this month.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
6 minutes ago, geowrian said:

There's nothing a lawyer can do with the SB-1.

If they tried to return via the existing green card and referred to an immigration judge to make a final decision about abandonment of residency, then a lawyer can argue the case. For the visa, there's not really anything to argue (re: doctrine of consular non-reviewability).

Well might be able to help with lets say a position paper, basically what the OP is asking us to do, Lawyer  would have a lot more info.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
33 minutes ago, PetraLynne said:

I read about SB1 visa and his situation was acceptable it's just that we need a competent lawyer that may be able to argue for his case. 

SB1 visas are not easy to get. Most are refused. It is going to be even harder to argue given that the conscious decision was made to go abroad for health care (it’s like saying you are not resident in the US anymore because you need to be resident in the other country to get the healthcare - and taking up residence elsewhere is contrary to what you need to prove for a SB1- see?) It’s a totally different situation to going abroad for a visit and suddenly getting really ill to an extent that you cannot travel back, or some other unforeseen circumstances etc. I think you are maybe being a little complacent about this.

Edited by SusieQQQ
Filed: Other Timeline
Posted (edited)

All you can do is try for SB-1.  However,  a person who has had recurrences of severe mental illness without a support system and health insurance in the US might reconsider if coming beck is in their best interest. (I appreciate the problem because I have a close family member with mental illness that requires a prescription that is $1700/month without insurance and $150/month with it as well as monthly psychiatrist visits at $150 each.  We are also his support system and are often called in the middle of the night .)

 

Some people with mental illness are considered to be a concern for public safety and likely to be excluded for that reason.

Edited by CEE53147
 
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