GoSatta

Hi guys. I hope somebody can give me some advice. I'm a Brit, married to an American woman. We have three kids and live in England. We would like to move to the States as a family to be near my wife's ageing parents.



Unfortunately, my last full time job ended about fourteen years ago (I taught business English in Germany) because the bipolar disorder I have struggled with all my life became hard to manage in my forties and I could no longer work.



Now, I'm 55, I have good medication and am feeling much better. I receive Employment and Support allowance here, with a disability component (a recognition that I have a long term condition that makes keeping work challenging).



Sorry, I'm thinking allowed in writing if you know what I mean but I have a lot of stuff going around in my head as the USA's various government immigration websites are, to put it mildly, pretty opaque.

1. Would I, with my diagnosis, be able to get a green card and be entitled to medicine and/or benefits in the USA? If not, I am willing and able to look into getting back to TEFL work in the USA.
   
2. I have just read that I can apply for an “adjustment of status” when actually in the USA. We are planning a trip to Michigan this Summer. Should I file the Adjustment Of Status form when we are there?
   
3. Or should my wife be filing the “Petition Of Alien Relative” form?
   

Any advice gratefully received. My wife is very homesick and it would be great for the kids to be near their grandparents while they are still small and cute (my kids, not my wife's parents lol)?

christmasoompa

1. Be prepared for additional screening for the visa i.e. psychiatric assessments as well as the medical. But getting a visa is unlikely to be a problem as long as you can show you are not a danger to yourself or others. I don’t think you’d qualify for any benefits though, the U.K. is much more generous in that regard, so you’d need to do your sums carefully - also factoring in the cost of healthcare of course. It might be worth you starting a new thread about the financial side of things in the main forums.

2. No, that’s immigration fraud. You cannot enter the US as a visitor with the intent to stay permanently.

3. Yes, that’s the correct way to do it, you’ll apply via consular processing, but can visit whilst it’s processing.

I found the government websites pretty helpful and clear when I applied for my
immigrant visa last year, if there’s something specific you’re struggling with let us know and we can point you in the direction of the relevant web page. I found this one which sets out the process step by step very helpful and used it all the way through - https://travel.state.gov/content/tra...-petition.html

Good luck.

Nutmegger

And with regard to point number 3, is your wife in a position to financially support the family, OP?

civilservant

There's no way you're getting on Medicare, Medicaid, or getting any other sort of Government assistance in the short term.Frankly, with a condition that requires long term management, I would seriously consider if a move to the healthcare bankruptcy capital of the world is a good idea.

S Folinsky

Mental health conditions are under the medical grounds re immigrating. Here is the LINK from the federal Centers For Disease Control providing instructions to the Panel Physicians conducting the immigration medical exams.

GoSatta

Thanks so much for the helpful reply. Regarding Q1, I visited the States a few years ago with my family and had no problems getting my ESTA after an interview in London, as you say, they just needed to know if I was going to blow up the plane or something. I'm fine, just a bit of a flaky musician, really.

So regarding 2) So I am wrong about there being an "adjustment of status" I can apply for whilst in the States? There is a form for that and as far as I could make out it didn't preclude applying whilst on a visit? Happy to be corrected though, I don't want to mess anything up.

Ah. Q3. Awesome. I'll let the wife know and we'll look into doing that.

I really appreciate your time, thanks very much.

GoSatta

Thanks for the reply. No, she isn't, but her parents would be able to help out/put us up whilst I sorted out some teaching work.

GoSatta

Awesome, thankyou.

christmasoompa

There is, but that’s for people already in the US. As above, it’s illegal to enter the US as a visitor when the actual intention is to stay permanently. It’s immigration fraud and definitely has to potential to ‘mess anything up’ - it can result in a ban from the US. Your only option is consular processing.

As far as your previous visit, there’s a very different set of requirements for an immigrant visa than if you’re just visiting. There’s no medical required for visitors and that’s where you’ll get asked about your mental health and asked to provide medical records. There’s also no interview for ESTA, so what did you have an interview for? Was it for a B visa and if so, why did you need that rather than just going on ESTA?

And it’s good that your in-laws are willing to put you up. Does your wife earn enough to sponsor you though, and will her job in the US come with good health insurance for all of you? If not do factor that cost in.

Rete

That's not the issue. An Affidavit of Support will be required. This is the issue. Do you have savings, etc. equal to the amount required for a family your size? I.e. you (1) kids (2) and herself (1) = 4.

Also have your children been registered as US Citizens and do they have US passports?

DallasMama

Well here’s the problem- the US doesn’t want to admit people with certain conditions if they feel the condition can’t be managed and the person will become a burden on the government. You don’t have a way of currently managing this condition as you don’t have a way of obtaining insurance.
You need to have a financial sponsorship who meets the income guidelines, meaning either your wife gets a job or your in-laws sign as co-sponsor.
Every ISD has different requirements, but do you qualify to teach in the US? Have you looked at how much you could earn teaching in the area you are moving to?
I hope your wife is quite a bit younger that you OR worked in the US for quite a time, as otherwise neither of will qualify for SSI and be able to retire.
I don’t think your main issue is your medical condition, but lack of employment in your household.