Spousal Visa: arranged marriage for mentally disabled US Citizen with an Indian bride

gonzolays

New Member
Hello all,

I writing this on the behalf of my younger brother (he is a US citizen) who is mentally disabled. He is currenlty receiving disability from the US government. He doesn't work. He can read and write, but his speech is slurred and he the mental capability of a 7th grader.

My question is this: My family and I would like to get him married to a girl from India. He would go to India and have the marriage there. When he gets back, he would file a spousal visa for his wife. I would fill in as a sponsor since he only makes 4,000 US from his disability payments. Once married, they would both live with me.

The girl is mentally fine but is only has a high school education and doesn't speak English. She is more than capable of working in the US if she moved here.

My younger brother is a wonderful human being and we would love for him to have a life partner.

Can this work or are we wasting our time? What do you think the hangups would be? Any other route we should take?

Thank you so very much for every response.

Sincerely,

Concerned Brother
 
I see serious problems convincing USCIS that the marriage was genuine.

Very understandble. Do you belive that will be the biggest hurdle we have to overcome?

I wondering how much the USCIS will hold his mentally disablity against him, if any.

Thanks for the response.
 
In principle they cannot hold his mental disability against him as that would be discrimination. However as TheRealCanadian wrote, I also see very serious problems convincing USCIS that the marriage is genuine and that she is not being brought here essentially to be a slave/caretaker. Throughout history I am sure the number of incidences of a mentally competent person marrying a clearly mentally deficient person can be counted on the fingers of one hand.

Good luck!

Very understandble. Do you belive that will be the biggest hurdle we have to overcome?

I wondering how much the USCIS will hold his mentally disablity against him, if any.

Thanks for the response.
 
I see serious problems convincing USCIS that the marriage was genuine.

And the fact that it's an arranged marriage, in the context of his mental disability raises concerns that the marriage is only something his family wants for him and he's simply going along without any understanding of what he's getting into, and not something he personally wants and understands.

I also seriously doubt that she would marry him for the right reasons, and not just use him to get a green card. I wonder if he wasn't a US citizen, would she still marry him? I would test her on that; tell her he's going to live in India, give her the chance to back out, and see what happens.

You said they're going to live with you. Are you prepared to also help with raising their children? (unless the "girl" is something like 50 years old)
 
In principle they cannot hold his mental disability against him as that would be discrimination.

Not all discrimination is prohibited. If he's mentally disabled and legally incompetent, he cannot enter into a valid marriage, and that's a perfectly legal form of discrimination.
 
Sir,
I came across your post, this is an exact situation where I am in currently now. I have 23 year old mentally retarded son lives with us in US and we are citizens. He is supported by govt for employment, goes to a day program. Very social, compassionate person. We found a girl for him in India and who is willing to marry him.

I would be very interested to know about your brothers situation, if we're you successful in getting him married and bring the girl here?

Did you have any issues with immigration?


Your experience and advise would be greatly appreciated.
 
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