Jump to content

12 posts in this topic

Recommended Posts

Posted (edited)

Hi, 

 

I would like to ask you guys for advise. To give you a brief background. I was sponsored by an employer via eb3 years ago whilst I was in the Philippines. Took so many years before my petition became current and now that it is, I am now based and working as a nurse here in the UK. Recently I got married to my longtime partner who is also a Filipino. ( by the way, I am a member of the LGBT community). 

Before we got married, I knew that he is HIV positive. I love my husband despite what he has. we are completely monitoring his health status and we subject our selves to quarterly tests and he takes his daily medications religiously. I am not HIV positive and Although my GP suggested that I can always take Pre-exposure Prophylaxis but I opted for now not too as we are not sexually intimate. ( I know its weird but our relationship is based on companionship and not on sexual intimacy. )  I included him and his son as my dependent on my visa application during the time that NVC asked me to fill up the DS260 Form. 

I know that the HIV ban has been lifted since 2010 but I am still worried about our situation. I did a few research and to be honest, it led me nowhere as I could not find a specific answer to my question. The only clear thing I got was, HIV is no longer a ground for inadmissibility however, the uscis will determine to take into account all factors whether the intending immigrant will become a public charge. I did search how do US govt define someone who will become a public charge but it is now so clear to me if I am honest. 

 

Does anyone here know of any similar situation like mine? 

 

I do have some few questions if you could help me clear things: 

 

1. Say, the consular officer deemed my husband inadmissible as he could become a public charge as per their assessment, will it result to me ( the main applicant) to be denied as well? 

2. Is it possible that the consular officer will grant me a visa and deny my husband?

3. What things should I be expecting if anyone here has encountered a similar case like mine? 

 

I look forward to your inputs. 

 

Thanks

 

 

 

Edited by anoras87
Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
9 minutes ago, anoras87 said:

 

1. Say, the consular officer deemed my husband inadmissible as he could become a public charge as per their assessment, will it result to me ( the main applicant) to be denied as well?  Doubtful.

2. Is it possible that the consular officer will grant me a visa and deny my husband? Possible but can't say that for sure.

3. What things should I be expecting if anyone here has encountered a similar case like mine? I'll leave that to others more informed.

 

As you said, HIV is not longer an inadmissible disease, so tt does sound like mainly a public charge issue possibly as clearly the medication is not cheap nor is any treatment that may come up should something happen (hospitalization, ect). Your company provides health insurance here? Can he be added with his status? These are things to consider with your company so you can present adequate paperwork to the embassy showing his medical stuff is being handled.

 

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Posted
4 minutes ago, Ben&Zian said:

 

As you said, HIV is not longer an inadmissible disease, so tt does sound like mainly a public charge issue possibly as clearly the medication is not cheap nor is any treatment that may come up should something happen (hospitalization, ect). Your company provides health insurance here? Can he be added with his status? These are things to consider with your company so you can present adequate paperwork to the embassy showing his medical stuff is being handled.

 

Thanks for replying. I believe my company has health insurance but i need to confirm whether my dependents are included or if i have the option to add them. Should we bring the documents (proof like company has insurance) on the day of the interview or during the medical?

really appreciate your response

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
4 minutes ago, anoras87 said:

Thanks for replying. I believe my company has health insurance but i need to confirm whether my dependents are included or if i have the option to add them. Should we bring the documents (proof like company has insurance) on the day of the interview or during the medical?

really appreciate your response

 

I would for sure as that is a huge factor obviously. The difference between having even cheap health insurance compared to none is massive.

 

Things though to check for with your company are, obviously do they have it, can you apply for it immediately or do you have to wait  a certain time period first or until a certain time period of the year (open enrollment primarily is the term), obviously as your spouse eligible through them (should be), also depending their insurance company do they cover 'preexisting' conditions or is there restrictions? Also naturally you want to know rates and all for monthly costs for it. These are things to definitely discuss with the HR and get all the information you can.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Posted
8 minutes ago, Ben&Zian said:

 

I would for sure as that is a huge factor obviously. The difference between having even cheap health insurance compared to none is massive.

 

Things though to check for with your company are, obviously do they have it, can you apply for it immediately or do you have to wait  a certain time period first or until a certain time period of the year (open enrollment primarily is the term), obviously as your spouse eligible through them (should be), also depending their insurance company do they cover 'preexisting' conditions or is there restrictions? Also naturally you want to know rates and all for monthly costs for it. These are things to definitely discuss with the HR and get all the information you can.

Thank you. Il call them tomorrow and inquire. Il keep you posted. Thank you for responding promptly

Posted
14 minutes ago, anoras87 said:

Thanks for replying. I believe my company has health insurance but i need to confirm whether my dependents are included or if i have the option to add them. Should we bring the documents (proof like company has insurance) on the day of the interview or during the medical?

really appreciate your response

Regarding the insurance - If you can add your partner, I'd also ask for documents that show how much your deductible is and your co-pays, etc - anything you can get that will show the financial situation. Include things like how much (if any) your insurance pays towards prescription medication, see if you can find out the cost of his prescriptions in the US and such. Include it all, along with a budget that shows how you can afford to address these costs without your partner becoming a public charge - and especially without stretching yourselves financially so that even if it's not a medical public charge concern, they may wonder if it will be housing or food. 

I know that my husbands insurance has got a high deductible that as a couple we will NEVER meet unless something drastic happens (I think it's joint $8k and so far for the full year we have spent less than $500 on medical expenses) but in all honestly with your husband's illness it's not unlikely that he'll run into some very expensive issues. The best way to make sure that you can't be denied on the public charge issue is to give them as much information as possible to show how you've planned for it and are aware of the costs so you won't be caught off guard by them.

Posted
5 minutes ago, dentsflogged said:

Regarding the insurance - If you can add your partner, I'd also ask for documents that show how much your deductible is and your co-pays, etc - anything you can get that will show the financial situation. Include things like how much (if any) your insurance pays towards prescription medication, see if you can find out the cost of his prescriptions in the US and such. Include it all, along with a budget that shows how you can afford to address these costs without your partner becoming a public charge - and especially without stretching yourselves financially so that even if it's not a medical public charge concern, they may wonder if it will be housing or food. 

I know that my husbands insurance has got a high deductible that as a couple we will NEVER meet unless something drastic happens (I think it's joint $8k and so far for the full year we have spent less than $500 on medical expenses) but in all honestly with your husband's illness it's not unlikely that he'll run into some very expensive issues. The best way to make sure that you can't be denied on the public charge issue is to give them as much information as possible to show how you've planned for it and are aware of the costs so you won't be caught off guard by them.

I will take note of that. Thank you so much.

Filed: Timeline
Posted

It is VERY important that you arrange insurance 100% before your partner arrives.

 

A gap in medication treatment---which could easily happen if waiting for insurance coverage to start---can cause the virus to become resistant to the medications, with life-threatening consequences. With HIV meds being insanely expensive you could probably not afford them even for a few weeks.

 

Read this: "Skipping HIV medicines allows HIV to multiply, which increases the risk that the virus will mutate and produce drug-resistant HIV."

https://aidsinfo.nih.gov/understanding-hiv-aids/fact-sheets/21/56/drug-resistance

Posted
11 hours ago, databit said:

It is VERY important that you arrange insurance 100% before your partner arrives.

 

A gap in medication treatment---which could easily happen if waiting for insurance coverage to start---can cause the virus to become resistant to the medications, with life-threatening consequences. With HIV meds being insanely expensive you could probably not afford them even for a few weeks.

 

Read this: "Skipping HIV medicines allows HIV to multiply, which increases the risk that the virus will mutate and produce drug-resistant HIV."

https://aidsinfo.nih.gov/understanding-hiv-aids/fact-sheets/21/56/drug-resistance

Thanks yes. He is up to date with his meds

Filed: Timeline
Posted
1 hour ago, anoras87 said:

Thanks yes. He is up to date with his meds

I'm not saying that he isn't...I'm saying that he'd better bring at least 90 day's worth of meds with him to the US in case there are delays starting him on your insurance.

 

And have you checked with your insurance to see if it covers the SAME meds in the US? There are often meds available overseas that are unavailable in the US.

Posted
19 minutes ago, databit said:

I'm not saying that he isn't...I'm saying that he'd better bring at least 90 day's worth of meds with him to the US in case there are delays starting him on your insurance.

 

And have you checked with your insurance to see if it covers the SAME meds in the US? There are often meds available overseas that are unavailable in the US.

I havent asked our GP if they can supply it but there was a time when he was given a 60 days supply coz we went back in Phil for a holiday.  I haven't check with my insurance as i haven't talk to my employer about it. Should I inform my employer ahead about my husband's condition? 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, anoras87 said:

Should I inform my employer ahead about my husband's condition? 

I would not.......This is a HIPPA issue.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...