Need Help

[foundmyrib]

I have found the girl with my rib. We have corresponded for 1.5 years. I am going to China for 3rd time. We talk,chat,email,webcam,mail eachother everyday. She has almost completed all paperwork for visa. However, it has old boyfriends name on it, (american who infected her) they wont switch names. I will marry today, if had the opportunity, dont no what to do. Have K1 and fiance visa....dont no where to start. I reside in Pa. She is healthy, dont care about hiv, I have brother whao has been living with for 23 years and is healthy. Praise God. How to I get her here...please help. If I have to give all up to move to China, I will. I Lovemy Country though. Thank You.

[tigress]

theoretically she can still go as long as you have enough income for the possible medical treatment. may you good luck.

[Guest ShaQuaNew]

I have found the girl with my rib. We have corresponded for 1.5 years. I am going to China for 3rd time. We talk,chat,email,webcam,mail eachother everyday. She has almost completed all paperwork for visa. However, it has old boyfriends name on it, (american who infected her) they wont switch names. I will marry today, if had the opportunity, dont no what to do. Have K1 and fiance visa....dont no where to start. I reside in Pa. She is healthy, dont care about hiv, I have brother whao has been living with for 23 years and is healthy. Praise God. How to I get her here...please help. If I have to give all up to move to China, I will. I Lovemy Country though. Thank You.

195259[/snapback]

It's not clear from your post, but it sounds like you're saying that your Chinese partner is infected with HIV? If that is so, I send you my deepest condolences. Many are surviving without too serious of complications. However, US immigration law today forbids entry to the US for anyone infected with HIV.

[shyaushu]

I don't have the technical expertise to give an athoritative opinion on the visa issue, but best wishes. We take people for who they are, not who we wish they were, and we all must go on from there. It is hard to not feel admiration for both of you.

[frank1538]

Welcome to CFL. Hopefully, you will find support here, both emotional and process related.

 

As ShaQuaNew says, HIV/AIDS usually make the applicant ineligible for a visa: http://travel.state.gov/visa/immigrants/ty...s_1315.html#14d and http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

 

There is a waiver process available to address medical issues such as HIV/AIDS: http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

 

Also take a look at http://foia.state.gov/masterdocs/09fam/094...ant%20visa' which talks about the waiver process for spouses of US citizens who have HIV/AIDS As tigress and the link note, having the financial wherewithal to cover the medical aspects will be a consideration in determining whether the applicant will be given the visa.

[Guest ShaQuaNew]

Welcome to CFL. Hopefully, you will find support here, both emotional and process related.

 

As ShaQuaNew says, HIV/AIDS usually make the applicant ineligible for a visa:  http://travel.state.gov/visa/immigrants/ty...s_1315.html#14d and http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

 

There is a waiver process available to address medical issues such as HIV/AIDS:  http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

 

Also take a look at http://foia.state.gov/masterdocs/09fam/094...ant%20visa' which talks about the waiver process for spouses of US citizens who have HIV/AIDS  As tigress and the link note, having the financial wherewithal to cover the medical aspects will be a consideration in determining whether the applicant will be given the visa.

195275[/snapback]

Great links Frank....

[tonado]

I have found the girl with my rib. We have corresponded for 1.5 years. I am going to China for 3rd time. We talk,chat,email,webcam,mail eachother everyday. She has almost completed all paperwork for visa. However, it has old boyfriends name on it, (american who infected her) they wont switch names. I will marry today, if had the opportunity, dont no what to do. Have K1 and fiance visa....dont no where to start. I reside in Pa. She is healthy, dont care about hiv, I have brother whao has been living with for 23 years and is healthy. Praise God. How to I get her here...please help. If I have to give all up to move to China, I will. I Lovemy Country though. Thank You.

195259[/snapback]

If you get married, it won't be K1 anymore. You will need to apply for K3.

[hunter]

I have found the girl with my rib. We have corresponded for 1.5 years. I am going to China for 3rd time. We talk,chat,email,webcam,mail eachother everyday. She has almost completed all paperwork for visa. However, it has old boyfriends name on it, (american who infected her) they wont switch names. I will marry today, if had the opportunity, dont no what to do. Have K1 and fiance visa....dont no where to start. I reside in Pa. She is healthy, dont care about hiv, I have brother whao has been living with for 23 years and is healthy. Praise God. How to I get her here...please help. If I have to give all up to move to China, I will. I Lovemy Country though. Thank You.

195259[/snapback]

Mr. foundmyrib, here is the thing, i was looking under USCIS inadmisability factors, and i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

You will need to move to China, now thats not too bad really. Having been there, its quite nice. You should consider if you ever contract HIV from your SO, you will probably not be allowed to reenter. Perhaps you should really think about it eh? ok good luck.

[Trigg]

I have found the girl with my rib. We have corresponded for 1.5 years. I am going to China for 3rd time. We talk,chat,email,webcam,mail eachother everyday. She has almost completed all paperwork for visa. However, it has old boyfriends name on it, (american who infected her) they wont switch names. I will marry today, if had the opportunity, dont no what to do. Have K1 and fiance visa....dont no where to start. I reside in Pa. She is healthy, dont care about hiv, I have brother whao has been living with for 23 years and is healthy. Praise God. How to I get her here...please help. If I have to give all up to move to China, I will. I Lovemy Country though.   Thank You.

195259[/snapback]

Mr. foundmyrib, here is the thing, i was looking under USCIS inadmisability factors, and i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

You will need to move to China, now thats not too bad really. Having been there, its quite nice. You should consider if you ever contract HIV from your SO, you will probably not be allowed to reenter. Perhaps you should really think about it eh? ok good luck.

195491[/snapback]

Won't be allowed to re-enter?? He's an American citizen I assume. I'm pretty sure he can re-enter the US if he choses to. I could be very wrong but I've never heard of a US citizen needing to have a physical exam to re-enter the US. Unless he is a LPR or something??????

 

If i'm wrong someone chime in!

[Guest pushbrk]

I have found the girl with my rib. We have corresponded for 1.5 years. I am going to China for 3rd time. We talk,chat,email,webcam,mail eachother everyday. She has almost completed all paperwork for visa. However, it has old boyfriends name on it, (american who infected her) they wont switch names. I will marry today, if had the opportunity, dont no what to do. Have K1 and fiance visa....dont no where to start. I reside in Pa. She is healthy, dont care about hiv, I have brother whao has been living with for 23 years and is healthy. Praise God. How to I get her here...please help. If I have to give all up to move to China, I will. I Lovemy Country though.?nbsp; Thank You.

195259[/snapback]

Mr. foundmyrib, here is the thing, i was looking under USCIS inadmisability factors, and i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, which shall include infection with the etiologic agent for acquired immune deficiency syndrome,

You will need to move to China, now thats not too bad really. Having been there, its quite nice. You should consider if you ever contract HIV from your SO, you will probably not be allowed to reenter. Perhaps you should really think about it eh? ok good luck.

195491[/snapback]

Won't be allowed to re-enter?? He's an American citizen I assume. I'm pretty sure he can re-enter the US if he choses to. I could be very wrong but I've never heard of a US citizen needing to have a physical exam to re-enter the US. Unless he is a LPR or something??????

 

If i'm wrong someone chime in!

195493[/snapback]

You are absolutely correct, Trigg. The USA does not disown its citizens when they get sick. You could be temporarily quarantined for any number of reasons but not barred from entry to your own country for illness.

 

It appears that for the OP to have any possibility of bringing this woman to the US, he'll have to marry her in China, file for an immigrant visa and a waiver. The waiver is likely to take a long time, whether approved or not, so I don't see any advantage to also filing a K3 YMMV.

 

Considering the uncertainty of success on the waiver, it's a good thing he's willing to live with her permanently in China.

Edited March 3, 2006 by pushbrk (see edit history)

[Guest pushbrk]

Whoa this cart before the pony dies.

 

If a visa applicant is found to be HIV positive, they are inadmissable. There is a waiver. If the petitioner declares their knowledge of the condition and accepts the risks, and has the financial means to take care of the applicant, the waiver can be granted. Doesn't matter whether they are married or not.

 

Anyone with a credible source that says a K-1 can't but a spouse can, please post it and I'll eat my words.

 

Let's not be telling the OP she will never be allowed in the US and he will have to move to China.

195571[/snapback]

I sure don't want to lead anybody down the wrong path even a step or two. IN my reading of the links Frank provided, I don't see anything that suggests such a waiver is available for a non family member with HIV except temporarily for urgent humanitarian reasons. The latter link Frank provided shows a waiver can be applied for in behalf of spouse and children of a USC that has HIV but that they must still have sufficient financial means to satisfy the public charge concerns. Given the cost of treating HIV and potentially AIDS, this is quite high financial standard to meet.

 

So, I concluded that the persons in question would need to marry in China before applying for any waiver and be prepared for that waiver to be denied unless they had significant wealth to back up the application. A denied waiver would leave living in China (or I suppose some other country that might have more lenient immigration) as the only viable option for togetherness.

 

Sometimes I really WANT to be wrong. This is one of those times.

[warpedbored]

Don knows more about the visa process than anyone I have ever met. I have often said "heed Don he is wise" If he tells you something is so you can pretty much bank on it.

[frank1538]

Don is right, as usual. I posted the spousal waiver link because it had been formalized into the FAM. It was not my intention to mislead anyone into thinking that the waiver process was limited to spouses.

 

Here's another link that indicates that the waiver process extends to fiance(e)s as well: http://www.inlg-neworleans.com/news/hiv_applications.html

 

"...[A]n alien applying for a K-1 visa as the fianc¨¦(e) of a United States citizen, or the child of such an alien applying for a K-2 visa, may apply for a waiver of inadmissibility due to HIV infection under section 212(d)(3)(A) of the Act under standing procedures of that provision. An alien granted a waiver of inadmissibility as a nonimmigrant under section 212(d)(3)(A) will be required to reapply under section 212(g)(1)(A) at the time of adjustment of status.

 

An alien applying for a K-3 visa as the spouse of a United States citizen, or the child of such an alien applying for a K-4 visa, may apply for a waiver of inadmissibility under section 212(g)(1)(A) of the Act by filing Form I-601 with the DHS. An alien applying for a V-1 visa, or for change of status to V-1 classification, or the child of such an alien applying for a V-2 or V-3 visa or for change of status to V-2 or V-3 classification, may apply for a waiver of inadmissibility under section 212(g)(1)(A) of the Act by filing Form I-601 with the DHS.

 

DHS will consider such waiver applications under the same eligibility criteria applicable to immigrant visa and adjustment of status applications as set forth in Chapter 41.3(a) of the AFM. Those criteria include establishing that the alien has received counseling/education necessary to prevent the spread of the infection, the alien has made arrangements for medical care in the United States and the cost will not be borne by any government agency without the consent of that agency. Waiver applications under section 212(g)(1)(A) also must be presented to the Center for Disease Control and Prevention (CDC) for advisory review. DHS, in consultation with the CDC, may set any additional terms and conditions on the approval of such a waiver as may be deemed appropriate. Failure to abide by the terms and conditions of a waiver granted under section 212(g)(1) of the Act will render the alien removable pursuant to the terms of section 237(a)(1)©(ii) of the Act."

[Guest pushbrk]

Don is right, as usual.   I posted the spousal waiver link because it had been formalized into the FAM.  It was not my intention to mislead anyone into thinking that the waiver process was limited to spouses.

 

Here's another link that indicates that the waiver process extends to fiance(e)s as well: 

195634[/snapback]

Excellent. I'm sure glad I was wrong. One thing seems certain. That is that if the OP can qualify financially to pull off the waiver, he can afford the assistance of an excellent attorney in doing so. God Speed and good luck.

[LeeFisher3]

Don is right, as usual.   I posted the spousal waiver link because it had been formalized into the FAM.  It was not my intention to mislead anyone into thinking that the waiver process was limited to spouses.

 

Here's another link that indicates that the waiver process extends to fiance(e)s as well: 

195634[/snapback]

Excellent. I'm sure glad I was wrong. One thing seems certain. That is that if the OP can qualify financially to pull off the waiver, he can afford the assistance of an excellent attorney in doing so. God Speed and good luck.

195652[/snapback]

Perhaps you should consider your words a bit more prior to posting. The guy came here asking for advice, not judgment.

 

Your condescending tone concerning his finances is offensive and dismissive.

 

Most of us are here to support each other in a somewhat difficult process, you don't need to make it harder by being so abrasive.