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The burden of the past - Marriage Based Green Card Application & HIV+

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  • The burden of the past - Marriage Based Green Card Application & HIV+

    Hello there
    This is my first post here, I have a few questions about immigration and I hope you can guide me (I know this is not legal advice but I need at least some guidance)

    I came to the US on a visitors visa back in 2001 and decided to get a job when I spent all I had at the time which lead me to overstay my visa. In 2007 I met my current fiancé, we have not married and she does not have a job at the moment, I am the one working (I am not complaining, just giving you the info that might be required to understand my post.)

    A couple of years before I met my fiancé I was diagnosed with HIV and I started medication right away and I have been able to stay undetectable (untransmissible) since the beginning. My fiancé is not HIV+ and there is no risk for her to get HIV from me so long I keep up with the medication.

    Here comes the dilemma I am dealing with..

    We want to get married, the only thing is that I am worried because of what I've heard when it comes to Adjustment of Status.

    Is there a way for me to overcome public charge when I have used ADAP and Ryan White programs to pay for medication whenever I had no health insurance coverage? I have had health insurance for most of the time except for when changing jobs. I have no intention of living without health insurance but my current job does not offer benefits yet.

    NOTE: The AIDS Drug Assistance Program (ADAP) and Ryan White are programs federally founded.​

    Thank you for reading and for whatever information you can share,


  • #2
    Receipt of non-cash benefits like health insurance and other health programs (other than for long-term institutionalized care) is not considered when determining whether you are likely to become a public charge. See this section of the USCIS Policy Manual, and the Public Charge Resources page, under Key Facts About the 2022 Final Rule, "Q: What public assistance programs does USCIS not consider?​".


    • #3
      Thanks for your reply.

      I wasn't sure if the only option we had left was to get married and move back to my country.
      Even though she is more than willing to do it so we can stay together I don't like the idea of separating her from her parents and friends. I have experienced moving to a different country and leaving behind everyone you love when I moved to the US and contrary to what many think, it is extremely difficult. I wouldn't want to put my fiancé in that position.

      I appreciate you for taking the time to reply to my post,

      Bless Be