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ResourcesVisa & Immigration LawUS Immigration LawHow does HIV Infection Impact an Applicant for a K-1 Fiancée Visa?

How does HIV Infection Impact an Applicant for a K-1 Fiancée Visa?

Transcript of the above video:

As the title of this video suggests, we are discussing the K-1 Fiancée visa and we are specifically discussing the unfortunate issue of sometimes having an applicant who is in fact infected with the HIV virus.  

The reason I bring this up is at one time, HIV infection in and of itself was considered a Ground of Inadmissibility to the United States on the grounds that it was a communicable disease. Recently in the past couple of years now I guess, it is no longer in and of itself a Ground of Inadmissibility but issues do arise with respect to HIV infection in the context of Affidavit of Support issues.

What are we talking about here? Well basically, due to the fact that treatment of HIV can demand a high level of expense, of resources, time and frankly money, in my experience, there’s more scrutiny placed on the Affidavit of Support, both the I-134 and the I-864 associated with adjustment, there's more scrutiny placed on those individuals, those couples  in that situation due to the fact of just the costs involved, it  changes the complexion of the overall analysis with respect to an individual petitioner’s ability to financially support their loved one in the United States.  In most cases that I've seen involving this, it's usually been a matter of simply showing that there's going to be a regimen in place to go ahead and maintain treatment and that the petitioner or the couple together can go ahead and financially afford that treatment.

But that being said, the thing to take away from this video is although it is not in and of itself a Ground of Inadmissibility, HIV infection can in fact be a Ground of Inadmissibility but based on finances,  based on Affidavit of Support concerns rather than based on the fact that the person is simply infected with HIV.