K1 medical worries

Old Apr 11th 2019, 2:17 pm
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Default K1 medical worries

Hello,

my fiancee has filed for my k1 visa and we are awaiting approval from the USCIS. This was filed beginning of December so we still have a good few more months to go.

My question is regarding the medical exam i have to have. My issue is that I am a mid/post op transgender patient and while I know they do not perform the genitals check any more I have a significant scar on my left forearm from surgery.

I have a few more surgeries that are related but only for urology to go and have had extensive surgery that falls under urology but also regards to transgenderism.

I have completely transitioned and have been for at least ten years now. My birth certificate has been changed and shows my name as it is now, along with my passport.

As I have had surgeries relating to this recently I’m assuming they would come up on my medical summary and that I would have to explain? Can I explain it off as urology surgery? As technically that is what they are? And they are done by a specialist urology surgeon?

Or should I explain completely?

I’m very worried this will affect the application and it’ll be denied. I know people and the government are a lot more tolerant with this but as I am not an “open” or “out” transgendered person. I haven’t put my “birth name” on our application because it wants the name on my birth certificate. I also haven’t given that name as a previous name because I was told I don’t need to after my birth certificate in the name I have now has been issued.

Any advice or even personal opinion would be greatly appreciated.
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Old Apr 11th 2019, 2:30 pm
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Default Re: K1 medical worries

Originally Posted by Liton89 View Post
….. I also haven’t given that name as a previous name because I was told I don’t need to after my birth certificate in the name I have now has been issued. ….
Told by who? If it wasn't someone at USCIS then I believe that that advice is incorrect with respect to completing immigrations forms, which asks for other names you have used, without exceptions.

If it was someone at USCUS then even if they put it in writing it is still pretty useless as under US law you cannot rely on advice given by a government employee and there are court cases to prove that - a government employee can tell you complete garbage, or down-right lie to you, and if you follow that advice and if the advice is contrary to the law, you don't have a leg to stand on, legally speaking.
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Old Apr 11th 2019, 2:41 pm
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Default Re: K1 medical worries

The advice was from the U.K. government who issued my birth certificate and from UKCIS before applying.

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Old Apr 11th 2019, 2:50 pm
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Default Re: K1 medical worries

Originally Posted by Liton89 View Post
The advice was from the U.K. government who issued my birth certificate and from UKCIS before applying. ….
So wholly irrelevant for the purposes of the US government. I would recommend against omitting material information from your visa application forms.

UKCIS? …. If you meant USCIS, then see my earlier advice about not being able to rely on advice from a government employee.

Last edited by Pulaski; Apr 11th 2019 at 3:19 pm.
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Old Apr 11th 2019, 3:04 pm
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Default Re: K1 medical worries

I believe you should be honest throughout the whole process, including the medical. The greatest risk of being denied is due to what would be perceived as inaccurate/misleading/dishonest information.
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Old Apr 11th 2019, 3:15 pm
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Default Re: K1 medical worries

I hope this information will reassure you. Many years ago on the marriage-based visa forum, perhaps 10 years ago<?>, we had a member who was born female and transgendered to male. He was from Canada and the fiancée was from one of the upper states in the US near the Can/Am border. He was successful with getting his K-1 and subsequently married his female fiancée. The transgendered Canadian male had a family from a previous marriage as a female as did his wife. His wife's daughter had twins but for whatever reason was unable to care for them. He and his new wife petitioned to become legal guardians of the twins and was granted guardianship. A year later they petitioned to adopt the twins and the adoption was granted. Being transgendered did not hamper their K-1 visa nor did it stop them from becoming legal parents to children not born to them.

As for your omission or lying on the application(s), please don't do it. The UK government is not the US government. The application asked for prior names/other names you have used or been known by. You must give them all your names for the security check. Being caught in this omission would not bode well.

As for the medical, again, be honest. You are transgendered. I don't know what mid/post op transgender means as you said your birth certificate has had the gender changed so I'm assuming you will require additional surgery in the future. You do not have to explain anything. Your medical summary will speak for you and if the doctor has questions, he/she will ask and you can then reply.

One of the first and most important rule is DO NOT LIE.
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Old Apr 11th 2019, 3:25 pm
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Default Re: K1 medical worries

Originally Posted by Pulaski View Post
So wholly irrelevant for the purposes of the US government. I would recommend against omitting material information from your visa application forms.

UKCIS? …. If you meant USCIS, then see my earlier advice about not being able to rely on advice from a government employee.

okay well in that case WHO would you recommend asking? If these people hold no legal weight.
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Old Apr 11th 2019, 3:36 pm
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A lawyer?
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Old Apr 11th 2019, 3:37 pm
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Default Re: K1 medical worries

Originally Posted by Liton89 View Post
Okay well in that case WHO would you recommend asking? If these people hold no legal weight. ...
Take the forms at face value - the form asks for "names you have used previously" - it isn't a difficult question.

The only alternative is to hire your own lawyer for the purpose, but I would be very surprise if they tell you that it is OK to omit information requested on an immigration form. As others have noted, a security background check is a required part of the visa application process, and the results of that check will be compromised if you haven't given complete information. That will throw the entire validity of your visa into question, and could come back and bite you years later. Do you want to be forever looking over your shoulder, wondering if anyone will ever find out?

Honestly, the best advice just has to re to "just complete the form and get on with your life". Once you're in the US the question won't come up again, at least not until you apply for citizenship, (or unless you apply for a job that requires security clearance, but outside the military and related contractors, that is pretty rare), and it is buried in government archives, it's not searchable public information, so the immigration paperwork will have no bearing on your life or future in the US.
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Old Apr 11th 2019, 4:09 pm
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Default Re: K1 medical worries

Our application has already been sent off so I suppose we can cancel it and start the process again?

Im not bothered about anyone knowing but my name was changed when I was 14, I’ve had my “new” birth certificate since 16. I’m do not have a copy of my “original” birth certificate. Upon asking the U.K. gov if I would need it and how I would apply to even obtain that information they said I wouldn’t need the original as it is all connected. I even tried contacting the registering county and they had no birth record for my previous name to be able to give me one. It’s the same if I apply for an ACRO certificate as I have done so before.

Before we had applied we asked USCIS about our situation as well with them saying I would only need the birth certificate I have obtained through the recognition process so I am sorry for not being clued up on this all. We felt like we were doing the right thing with the information provided.

Im certainly not going to lie about anything and risk a ban and I know it’s difficult to comment on a situation that doesn’t happen every day. I have yet to ask for a copy of my medical summary from my GP surgery, does anyone know how much that would cost and what it needs to show?

Thank you
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Old Apr 11th 2019, 4:41 pm
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Default Re: K1 medical worries

You don't need to start over.

For the medical, be honest about everything.

When filling out further immigrating forms, be completely honest and list previous names, if asked.

At the visa interview, be honest and have then add your other names by hand. If you changed your name at 14 by deed poll, bring a copy of that.

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Old Apr 11th 2019, 7:03 pm
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Default Re: K1 medical worries

Perhaps it is just my perception, it would appear that you are attempting to hide the fact that you are transgender. Sorry but that is fraudulent behavior. USCIS is the agency that you need to work with and worry about. I don't like the fact that you are asking about hiding your sex change operations by saying they were some purpose other than what they were actually for. Your did not have a urology surgery because of medical problems and you were sick. You had it do to your change of gender. As for the medical itself, some here have had their gender confirmed by visual examination.

As for names used, it doesn't just depend just on what is on your birth certificate. Are you known by a nickname? A different name online in social networks? Those are all names used by you.
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Old Apr 11th 2019, 8:29 pm
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Default Re: K1 medical worries

Originally Posted by Rete View Post
Perhaps it is just my perception, it would appear that you are attempting to hide the fact that you are transgender. Sorry but that is fraudulent behavior. USCIS is the agency that you need to work with and worry about. I don't like the fact that you are asking about hiding your sex change operations by saying they were some purpose other than what they were actually for. Your did not have a urology surgery because of medical problems and you were sick. You had it do to your change of gender. As for the medical itself, some here have had their gender confirmed by visual examination.

As for names used, it doesn't just depend just on what is on your birth certificate. Are you known by a nickname? A different name online in social networks? Those are all names used by you.

No I’m not trying to hide it at all on concerns with immigration. While the major surgery I had, happened a long time ago, the surgery I have had recently IS urologically based due to complications that have arouse.Obviously I’ve had surgery related to being transgender but in the past five years it has all been via a urology consultant. I have no issue with declaring it and expected to do so. It seems the advice I was given was wrong in the beginning which is probably why I have become worried about it and also why I have asked an online forum for any advice.

Now the time has come to start thinking about Medicals and getting things together I am concerned about what to say my surgeries have been for. I hope that makes sense.

We had a consultation with an immigration lawyer before applying to see where we stand beforehand but we never asked the name question because we thought we already had the answer and they never mentioned previous names. They said I’d need my last 3 years of medical history which I can apply for from the NHS and that because we are applying in 2018 it should not be a problem that I am transgendered as they aren’t looking for that.

I don’t have a deedpoll for my name as it is now and so I’m assuming I will have to get one to say my previous name was X from this date to this date and from 14 onwards it has been this name but then I can’t gain my “original” birth certificate to even show that name so while it has made things a lot easier in the U.K., it seems to have complicated things visa wise. It is something I’ll certainly have to look into.

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Old Apr 11th 2019, 8:37 pm
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Default Re: K1 medical worries

They certainly ask about Surgery etc now my 2 were from Accidents so the conversation did not go very far.
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Old Apr 11th 2019, 8:38 pm
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Default Re: K1 medical worries

They ask for aliases, do not remember any documentation required? Would not make sense to ask for it.
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