Jump to content

8 posts in this topic

Recommended Posts

Posted

Hello everyone!

 

I recently had my medical exam done ahead for my K1-Visa embassy interview. Afterwards, I recalled that I forgot to bring up some minor health issues I had in the past. I had inflamed joint/muscle/ligament issues from a few minor injuries which fully healed and I didn't bring up when discussing my medical history, but I reviewed everything else.

 

Should I be worried? Could this lack of disclosure be cause for my case to be declined?

Posted
Just now, GordonRamsey said:

So what would the worst case scenario be for me then? Delayed processing? Thanks for the input!

Benign musculoskeletal health history is not a reason for inadmissibility due to health.  Not even a little issue.

Posted

It's not material and not even a current issue so it's not relevant to the public charge decision. No issue.

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

 

Posted

*~*~*question about the medical moved from “K-1 fiancé visa progress reports” to “embassy discussion”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted
9 hours ago, geowrian said:

It's not material and not even a current issue so it's not relevant to the public charge decision. No issue.

It is material though, since I had seeked medical attention/gotten x-rays/ultrasounds etc. done to make sure it wasn't serious. It's not like I didn't see my doctor about them.

 

I really shouldn't worry at all about failing to disclose them?

Posted (edited)
2 hours ago, GordonRamsey said:

It is material though, since I had seeked medical attention/gotten x-rays/ultrasounds etc. done to make sure it wasn't serious. It's not like I didn't see my doctor about them.

 

I really shouldn't worry at all about failing to disclose them?

I don't think you are understanding what "material" means here. It is in reference to a material misrepresentation, which is where it would be an inadmissibility and require a waiver.

For it to be a material misrepresentation, it must be a willful, material false representation. Also, "harmless misrepresentation" is not an inadmissibility.

The items you described are not material to your eligibility for the visa. Had you told them the correct answer, it would not have made you inadmissible. The answer you provided did not reasonably curtail questioning about your eligibility for the visa.

 

Example: Imagine being asked "What breed is your dog?" You respond "Poodle" when it's actually a pit bull. Is it material?

Answer: Depends on who is asking it and why it is being asked. If it's being asked by a CO to determine eligibility for a visa, then it's virtually certainly not material. The dog's breed is not a consideration for eligibility for a visa.

If it's being asked by a judge at dog breeding competition, the dog's breed is almost certainly material.

 

References:

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

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

 

 
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...