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Mental health and the K-1 US/UK

Mental health and the K-1 US/UK

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Old Apr 7th 2002, 7:50 pm
  #1  
Parn Akuma
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Default Mental health and the K-1 US/UK

I'd like to know the particulars for getting a K-1 visa for a fiancé who was
hospitalized about 6 years ago for a mild form of schizophrenia. He hasn't had any
episodes requiring hospitalization after that and doesn't even need to take
medication for the illness (though he does take anti-depressants). He is not violent
and has no history of violence or criminal record, and held a part-time job all last
year (though he get some benefit from the UK gov't for his disability). I myself have
no history of mental illness, and am a single student who nevertheless qualifies for
the affidavit of sponsorship income level (though it has only been since last
december).

I've been trying to read up on the requirements for eligibility and either it's not
clear or I've just missed it, but are they likely to deny my petition because of his
past history? If they'll be likely to deny my petition would it be better for him to
come here and get married without the K-1?

I hate to ask this, but if the conventional road is blocked I *will* find a way to
marry him. Any suggestions?

Thanks very much, Parn
 
Old Apr 8th 2002, 11:50 am
  #2  
Alvena Ferreira
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Default Re: Mental health and the K-1 US/UK

Parn Akuma wrote:
    > I'd like to know the particulars for getting a K-1 visa for a fiancé who was
    > hospitalized about 6 years ago for a mild form of schizophrenia. He hasn't had any
    > episodes requiring hospitalization after that and doesn't even need to take
    > medication for the illness (though he does take anti-depressants). He is not
    > violent and has no history of violence or criminal record, and held a part-time job
    > all last year (though he get some benefit from the UK gov't for his disability). I
    > myself have no history of mental illness, and am a single student who nevertheless
    > qualifies for the affidavit of sponsorship income level (though it has only been
    > since last december). I've been trying to read up on the requirements for
    > eligibility and either it's not clear or I've just missed it, but are they likely
    > to deny my petition because of his past history? If they'll be likely to deny my
    > petition would it be better for him to come here and get married without the K-1?
    >
1. He should bring a letter from his doctor to the medical examination, indicating
that he is doing well and able to work, no complications, blah..blah.blah..
2. You may need a co-sponsor for your affidavit of support, if not at the consulate,
then at adjustment of status.
3. coming to the Us and getting married is no different regarding his adjustment than
it would be for a petition. they still would do a medical and still would evaluate
his medical condition, and if he had entered on the visa waiver and was found not
adjustable, he would have no legal recourse at all...none. So you have nothing to
gain by that method except the possibility of a quick and heartless deportation. I
think you are better off to do the fiance visa.
4. You should ensure that his description of the schizophrenia is as he has told you.
the fact that he has not been working full-time could be a mild red flag. Do
remember that your first interest must be to your own well-being. Marriage to
someone with this kind of diagnosis could be far worse than first described,
sometimes.

Alvena See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
 
Old Apr 9th 2002, 6:50 am
  #3  
Parn Akuma
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Posts: n/a
Default Re: Mental health and the K-1 US/UK

"Alvena Ferreira" <[email protected]> wrote in message
news:[email protected]...

    > 1. He should bring a letter from his doctor to the medical examination, indicating
    > that he is doing well and able to work, no complications,
blah..blah.blah..<

Yeah, that's no problem.

    > 2. You may need a co-sponsor for your affidavit of support, if not at the
    > consulate, then at adjustment of status.

Okay.

    > 3. coming to the Us and getting married is no different regarding his adjustment
    > than it would be for a petition. they still would do a medical and still would
    > evaluate his medical condition, and if he had entered on the visa waiver and was
    > found not adjustable, he would have no legal recourse at all...none. So you have
    > nothing to gain by that method except the possibility of a quick and heartless
    > deportation. I think you are better off to do the fiance visa.<

I think so, too.

    > 4. You should ensure that his description of the schizophrenia is as he has told
    > you. the fact that he has not been working full-time could be a mild red flag.
    > Do remember that your first interest must be to your own well-being. Marriage to
    > someone with this kind of diagnosis could be far worse than first described,
    > sometimes. <

Oh, well yes. I've known him quite a long time via political means....actually that's
another question heh...but ill ask that separately. Sorry for so many questions, I
never in a million years ever thought I'd have to mess with the INS heh. Anyhow, he
only works part time but he has a lot of other "work" politically that was
practically a fulltime job in itself, so it isn't that he's unable to handle things.
Thanks though, this newsgroup's a big help.
 

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