lagerbreath

Thanks so much for all the replies folks, it's really appriciated.

Me and my fioncee have haad a real stressful time regarding all this, originally she wanted to move to the UK but because of me being on benefits they wouldn't allow it, and now this..it's tough.

From what you've all said, it all depends on how that medical and the interview goes when applying for the US visa, I suppose it's easy for me to say now but if and it's a big if we got divorced, i'd move back here with my family but it's how the people at the medical and interview see it.

As far as the marriage goes, yes we see that it's probably easier for us to marry in the US but it's my fioncees idea to marry here so my family can be there, hopefully she'll be able to get that visit to marry visa (fingers crossed).

As far as her medical insurance goes, she has confirmed to me since my original post on the subject that i will be covered at no extra cost so we'll see how that goes.

Thanks again for all your replies and anymore info will be greatly appriciated by myself and my fioncee

Tracym

You are welcome.

Sorry to harp on this, but I have found stuff in the fine print of SO many insurance policies that you have to be a permanent resident.

It sounds a better idea to me, actually, for you to marry in the UK. Then, you would enter the US as a permanent resident. That makes a lot of things simpler.

When you enter the US under a fiance visa, that is technically a non-immigrant visa. You do not really become an immigrant (permanent resident) until your adjustment of status is approved - which could be a year later.

If she wants to be married in the UK, and you can do that, sounds like a good idea to me.

If you are worried about the medical being approved, your fiance could get a consultation with a US immigration attorney for not too much money - often $100-$200 even. That could possibly be a good investment.

Best of luck, and keep us posted.

Ray

If she is earning a $100k a year in the US ..why would she want to move to the UK ... its not logical ....

Tracym

Perhaps she could get the same kind of job there.

But it appears that is not an option for them.

If you were referring to my comment, I just meant for them to get married there - then petition to bring him over as a spouse, rather than a fiance. I didn't mean she wuold stay.

lagerbreath

she's an electrician, she wouldn't be earning the same here but she liked it here and at first i didn't really wanna move to the states.

Tracym

I have been searching the forum a bit, and I have seen the opinion that a disability shouldn't be an issue (as Ray seems to believe). Hopefully that is the case.

Tracym

My concern was that the OP would currently be meeting the USCIS definition of a public charge (although of course in a different country).

USCIS states: "An alien who is likely at any time to become a public charge is inadmissible and ineligible to become a lawful permanent resident of the United States. Also, an alien can be removed from the United States if he or she becomes a public charge within five years of entering the United States from causes that existed before entry."

But here is what I've found as clarification on the USCIS site:

"Before an alien can be denied admission to the United States or denied adjustment of status to legal permanent resident based on public charge grounds, a number of factors must be considered by INS and DOS, including: the alien’s age, health, family status, assets, resources, financial status, education and skills. No single factor -- other than the lack of an Affidavit of Support, if required --will determine whether an alien is a public charge, including past or current receipt of public cash benefits for income maintenance."

http://www.uscis.gov/files/article/public_cfs.pdf

So, one wuld hope that the fiance's income would offset concerns, as Ray suggested.

Ray

She would not have a licence to work in the UK either ,..

A simple K-1 will get you get there ...

nothing in the 693 about having 20/20 vision or even a wooden leg ...

http://www.uscis.gov/files/form/I-693.pdf

Ray

I still don't see where or why he may become a public charge ...

lagerbreath

I'll keep my fingers crossed then

Tracym

I personally do not think he ever would be.

But, he technically is a public charge of the UK now - he cannot work and support himself.

So if he were granted permanent residence in the US, and became divorced- in theory he could require financial support from the govt. Of course, the govt could then reclaim benefits from his sponsor.

Perhaps I am completely wrong - but I have heard of the public charge issue when people talk about medical conditions.

lagerbreath

I just remembered that the eye condition I have (Retinitis pigmentosa) could be cured in the near future thanks to gene therapy. So after that I would be able to work.

They may not believe me but it could help.

Tracym

That's awesome news, I certainly hope that gene therapy comes soon

It might be perfectly fine - I could be mistaken to be concerned at all. Your fiancee certainly has plenty of income.

Congratulations on your engagement by the way

lagerbreath

Thanks alot Tracy, I just hope all this works out, bit concerned about the public charge thing but maybe there's no need to, my fioncee said we could try and get an appointment at the US Embassy in NYC while i'm there next month.

Ray

Why would you need to go to the embassy ..they are not there
to advise you..All she has to go is go for an initial consultation with a Immigration Lawyer to be adviced on your best procedure..