JS2020

My sister is an australian resident, so was hoping she could sponsor me?

goldchoccycoin

You would still need to pass the medical - if you do end up considering Australia there is an agent named Peter Bollard who is very experienced with medical issues and Aussie immigration and he may be able to advise whether you can move forward with an application.

Good luck.

Noorah101

This is off the topic of your medical issues.

When you want to immigrate to the USA, the USC fiance or spouse must earn a certain level of US-based income (or have assets of a certain amount). If the USC does not have that, then a joint sponsor will be needed who earns the proper level of income or assets. The joint sponsor must be a USC or US PR, living in the USA, so your Australian resident sister won't be able to be a joint sponsor for your US immigration.

Rene

Noorah101

One is not really "easier" than the other, but the spouse Immigrant Visa is "better" because you become a US PR upon entry to the USA, with full abililty to live and work in the USA from Day 1.

Rene

Noorah101

JS,

I'm a little confused about something. In your first post, you said you guys might go to Australia for her studies for the next 3/4 years.

But in another post you said you were thinking of moving to the USA by September 2009 (less than a year from now).

Are you thinking of immigrating to the USA within a year? Or 4 years from now?

Rene

JS2020

We're debating this. The problem is that we feel that 10 months isn't enough time to get engaged, line-up jobs, medical insurance, and a university place for her.

Rather, we think it'd be a better idea if she begins a degree in either the UK or Australia, which would give us the next 3/4 years to plan and possibly marry before a move to the US. The only problem is money - international fees are much higher than if she studies in her home US state, but this is something we can get around.

Would I need the joint sponsor, or would my girlfriend?

I have no relations in the states, but she has her whole family over there.

Noorah101

She will be your financial sponsor to immigrate, so if she doesn't meet the financial requirements, she will need the joint sponsor. Anyone who is a USC or US PR, age 18 or over, and living in the USA can be a joint sponsor, if they earn the right amount of money. Therefore, someone in her family who qualifies can be a joint sponsor (or a friend, or anyone else).

If you want to see what that's all about, you can go to www.uscis.gov, Immigration Forms, I-864. I-864 is what's used for the spouse Immigrant Visa. It's form I-134 if you do a K-1 fiance visa, with the I-864 needed later on in that process after you arrive in the USA.

Rene

Tracym

I'm sorry, I must disagree with this *probably*. If an employer has a group policy, they MUST cover him, they do not have a choice.

If they cover his pre-existing condition - technically they should, because the NHS counts as creditable coverage. That could possibly be a fight though.

No, that's not what I'm saying at all.

I'll try to briefly mention what I'm talking about.

US insurance doesn't like to cover pre-existing conditions. But, a law, HIPAA, has made them do so, under some conditions. One of those conditions is that there is not more than a 63 day gap in what they call "creditable coverage" and that it is a group policy.

Basically, there can be a waiting period (up to a year or 18 months, I forget which) during which insurance won't cover your pre-existing condition. If, however, you have continuous "creditable" coverage, that waiting period will not apply, and your condition will be covered immediately (which is what you want).

Creditable Coverage is just any insurance that fits the guidelines. Group policies through employers counts. Some individual policies count. US government health plans count. The NHS is *supposed* to count.

Travel insurance, for example, is NOT creditable coverage.

So, the ideal for you is to get here, and get some sort of insurance without a big wait. Then, hopefully, the US insurance company would consider the NHS and cover you right away.

So if you were to get insurance through your or your wife's job, it should be ok and your condition should be covered. Note I say should - some people have had a lot of trouble getting the insurance company to accept the NHS as valid prior coverage.

If you were to buy individual insurance - cost is not really the basic issue imo - I don't think you would get any insurance company to cover your condition.

Your only chance at getting your condition covered (other than a group) would probably be a state-run high risk plan, as mentioned before. Some states, the price was pretty good (compared to other insurance). Some it was higher. It is a bit complicated and I would not count on this as my only option, unless it was arranged in advance as much as possible. In order to use this option, I believe you might have to be married, not enter on a fiance visa. As far as I know, these pools are only available to USCs or permanent residents, although I suppose that could vary by state.

I do not know what sort of health plan Australia has. If you go to OZ for years, then try to come to the US - what I've said about about the NHS of course does not apply. If Australia has some equivalent, or you have private insurance over there... not sure.

Rete

Please only reply to this thread in regards to the OP's questions.

Thank you.

Rete
SuperMod

Bluegrass Lass

Shouldn't that say 'Superbad' instead of SuperMod?

Duncan Roberts

Yes, but there is a major but in there. The employer chooses the package that they offer, that package may not offer much. Cystic Fibrosis treatment may not be covered, certain medications may not be covered, certain doctors may not be covered, many, many other things may not be covered. It's not a question of HIPPA or any laws about eligibility and pre-existing conditions, if the policy offered doesn't cover certain things, they wont cover them no matter what you try because it will increase the premium for everyone insured in the plan as well as the employer. If the OP gets on a policy he should have no pre-existing condition coverage gap, but if the policy doesn't cover things they need then they are no better off. Added to that is even if everything he needs is covered, it may not be at a good rate so the out of pocket costs to him may be impossible to pay on a regular basis.

JS2020

So, from what I understand:

I'd need an employer to offer me insurance which covers everything I need, or may need. But, individual employers offer different insurance packages, some of which would either not appropriately cover me, or would cost too much in maintenance fees?

Noorah101

Correct. You can also be covered as a dependent on your wife's insurance, if it works out that way.

Rene

Duncan Roberts

Well, no. There are thousands and thousands of insurance companies offering a total of tens of thousands of policies. Employers bid them out and insurers come back with packages in a price range which usually have substancial restrictions on them. If you are lucky you will get a choice of plan but a lot only give you one option. You may or may not be covered depending on what the employer offers.

scrubbedexpat099

For obvious reasons more and more Employers are cutting back on these schemes, reducing the benefits and/or increasing the premiums.

And there are some jobs that just do not provide them.

I know of many people where one spouse works in a job that has benefits, principally for the benefits.