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Medical Dilemna...any input is welcome.

WWVET

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May 3, 2009
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Hello all. I pleased to join this forum and hoping to get some insight on my situation. Before I get started, here is my brief story; I am intending n marrying my fiance who is from my home country has Canadian PR. She will be sponsoring me for canada PR once we get married. I live in the US even though i don't have greencard and she is in Canada currently. I intend to return to my home country in africa soon to soet out some stuff. We would like to start the paper work process while am here in the US to lessen the cost. 3 years ago I tested positive for hiv but am not sick or and am NOT on any medication at all. i thought there was something wrong with the test at first because my ex wife was negative and the previous 2 girlfriends i have been with before my ex wife are negative to this day. my finace is negative. i have been to my local hive research center to try to get some answers but no one seems to have an explanation. my docs say i "may never need" to take any medication as iam healthier than the avarege person. the only serios disease i had was chicken pox when i was a teen but i was cure and ahve all my shots done. they (docs) say i belong to a group which they call "elite controllers" because my immune system is so "strong" that i don't get sick from supposed hiv infection. Before this, i had never had any STDs or anything sexually related disease and i was in shock as you can imagine. am in my 30's and have a bright future but this cloud has been hanging over me for 3 years now. am still researching on my own as much as i can but I have to go for checkups every six months. honestly, i think it's a bunch of bologne (politics) in my opinion but i am at the mercy of the system (govt). How does this relate to my post? well, i know i will have to take the medical exam and i know this will come back positive for hiv. i have no problems telling the DMP upfront with this situation but need solid advice from you all. i have searched this forumn for 2 weeks to find similar threads but i only found about 2 that really did not give much detail regarding refusal/denial based on hiv pos results for canadian PR. i know for US immigration, a waiver is required before you granted GC. i know it's alot of information to start off but am sure there is more people with these questions out there. I just want to get a general idea of how canadian immigration works when it comes to inadmissability.
This is an open post-yes, i have read the website but still need to hear from anyone with this experience or just suggestions, advice, input or opinions thank u in advance and yes, i will try to answer if u have questions for me. if its too perosnal, i will PM u.
again thank u and i will be glad to keep u guys posted when we start processing all the way through. thank u again!
 

graham

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Jan 11, 2008
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if you are hiv posative,they will not consider you for sponsorship-this is why they have medical tests to prevent such cases from entering canada and possibly infecting canadians.Mabey she will move there?but honestly you need to sit down together and ask what kind of relationship it will be if you have hiv?Good luck
 

WWVET

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graham said:
if you are hiv posative,they will not consider you for sponsorship-this is why they have medical tests to prevent such cases from entering canada and possibly infecting canadians.Mabey she will move there?but honestly you need to sit down together and ask what kind of relationship it will be if you have hiv?Good luck
thank u for your response. i know you have an opinion but the truth is that, we (my fiance and i) love each other very much and genuinely and we're not letting anything or anyone separate us. yes if canada says no to her being my sponsor then we are prepared to relocate as we can't live apart any longer. our relationship is normal in every sense of the word and we plan on having kids too. i've heard there've been others who have been granted residence even after testing + for hiv. my case is very unique in that, it could be something else like on researcher said it could be because of immunization most africans receive as infants but still am as healthy as i can be and donot take medication. so, if am denied based on the assumption that i would be the threat to canadian population is utter nonsense in my opinion or even that i'd put a strain on the govt by recieving benefits is baseless. both my fiance and i are professionals and i know it wouldn't be an issue to find a good paying job with medical benefits if i were granted residence. i respect your point of view and hope to hear more opinions from others too. thank u.
 

PMM

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Jun 30, 2005
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Hi

graham said:
if you are hiv posative,they will not consider you for sponsorship-this is why they have medical tests to prevent such cases from entering canada and possibly infecting canadians.Mabey she will move there?but honestly you need to sit down together and ask what kind of relationship it will be if you have hiv?Good luck
Wrong, Spousal applicant are exempt from Excessive Demand, therefor the OP would not be refused for being HIV+ The OP may wish to read the following from the processing manuals.

http://www.cic.gc.ca/english/resources/manuals/op/op15-eng.pdf

PMM
 

Boncuk

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Nov 15, 2008
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graham you should be careful about voicing your opinions without backing it up with facts. Many HIV positive people live long and fulfilling lives. I wish you all the best WWVET and read what PMM has posted it will state right there that you would not be refused. Best wishes and good luck!
 

rorita_76

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Feb 11, 2009
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Hey WWVET ,
I respect you from being honest and being able to share your story with us.
I don't know much about it, but from what I read, concerning the medical issue in spouse sponsorship, as I remember, there are exception that they make.
My advice for you is to make lot of research about your specific health issue, print any helpful info that show exactly your case, and as you said you don't need any treatment, so you won't charge the government money.
So make lot of research, print any helpful info, your own medical test, doctor opinion...and overall make research about medical issue and the immigration, and send all these research with your application
Maybe you won’t find much post on forum here or other forum talking about this kind of medical issue, so make your own research, where you can build a good defense on you your health issue, cause everyone deserve to be with his beloved one, it is a human right
Good luck
 

Rasha

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Apr 26, 2008
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WWVET,

Best of luck to you!! I have done lots of clinical research in HIV, and there is something of a phenomenon, called 'Long Term Non-progressors'. I have had two in our own clinical practice, who were HIV+, and living with HIV, having healthy CD4 and T-cell counts (they were/are healthy but also have teh virus in their body). That may very well be you as well! Best of luck to you...get a good immunologist and/or internist who KNOWS HIV well, can follow your treatment and I wish you and your fiance all the best.
 

ariell

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Oct 9, 2008
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graham said:
if you are hiv posative,they will not consider you for sponsorship-this is why they have medical tests to prevent such cases from entering canada and possibly infecting canadians.Mabey she will move there?but honestly you need to sit down together and ask what kind of relationship it will be if you have hiv?Good luck
?????!!!! WHAT???? Wow, that is quite a misinformed comment to make. As PMM stated, spouses are exempt from the excess demand clause. I suggest you read the following document on HIV and Canada Immigration to better educate yourself: http://www.hivimmigration.ca/Publications/FAQ%20on%20HIV%20Immigration%202005.pdf
 

WWVET

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Hello ALL. Sorry I did'nt mean to be non responsive, am back now.

PMM and ariell~ I want to thank you two first for the links you guys posted. I was able to gather helpful info from there as well...(actually some things are more clearer now regarding inadmissibility based on medicals). Anything else you might think will help is welcome.

Boncuk~thanks for your input as well. You definitely had good advice. Facts should follow opinions in certain circumstances. We're all here to HELP others who may not be so well informed. Unfortunately, some opinions we may never agree with, but nevertheless, we'll respect them.

rorita_76~ I was hesitant to post in the begin but I know the majority of folks here just really want to HELP others and I was humbled by some of the different posts and stories I have read so far. I happen to be one of those people that thinks not everybody is EVIL...lol. In all seriousness, thanks for your sound advice-I really appreciate it.

Rasha~ I am glad to read your reponse and you're absolutely about the phenomenon, called 'Long Term Non-progressors'. Actually, that's the term the reserach docs use here every time I got for my tests. I have a june appt so maybe I'll share what the tests will reveiw this time around. Am curious about your studies and would like to know more about your reaserch (offline ofcourse).


~BTW, my fiance and I are now in the process of arranging to get married here in the U.S. after which she'll return to canada to begin the paper work. From reading various posts on here, I gather the timeline will be 8-12 months before we can even get an interview with the consulate provided all the docs, paperwork is submitted right?

Again, thank you all for your posts and those of you who are following this thread. I'll try to come back as often as I can with updates.
 

WWVET

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hello everyone. We just got married and now gathering all necessary paper work and funds.


rorita_76 congratulations on your confirmed landing. Am sure it has been a long time coming...and deserved too.

Ok, just thought i keep u guys posted and thank you for the well wishes. I be checking in from time to time. peace and love.
 

Boncuk

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Nov 15, 2008
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Congrats WWVET I'm sure you are so happy! Hope all runs smoothly for you and if you need any advice we are here!
Take care and good luck!
 

WWVET

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thank you Boncuk. Yes, am so happy and just cant wait to be united with my sweety in the near future-God willing. what do u guys think, do i need to get a lawyer to help with my case as you already know my "dilemna". lawyers are pretty pricey minimum i found was 2500 USD. plus app fees and all. just really trying to explore possibilities. any suggestions? advice?

~what ALL should i take to the medical exam...am looking to schedule one in the next weeks?

thanks again guys, u all are such an encouraging lot. And also, thank you that sent me messages to my inbox, my wife and i really appreciate that.
 

Boncuk

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Nov 15, 2008
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I think you should take any information you have on your medical case that is relevant to questions that may be raised during the examination. Where will you be doing your medical? Lawyers are pricey I suggest you look into it if after the medical you get the feeling it will be required. For the rest of the application a lawyer really isnt needed. Just make sure its a strong file with lots of evidence and support. Maybe Rasha could suggest something's medically. It's totally not in my field. :)
 

WWVET

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@ Why worry...lol, I like your screen name I might add. And that's how I go about my life nowadays- worry free, the US recession is where near ending and life is too short-so why worry right? On a serious note, the answer to your question is complicated depending on how you look at it. I don't know when this could have happened. I had never been the one to engage in "casual encounters". Always in serious long term relationships and the most recent one being my first marriage for 2 1/2 years though we were togther for 4 years. Before that a 2 year relationship; before that I was not "seeing" anyone for almost 3 years. So, in over 7 + years there is no true indication on when or how. And none of my exes are positive including the young lady I saw 7 years ago. With my exe wife, we never used protection after we got married but before, we did. I know like most people, you probably don't understand it, I don't either. Beyond the seven years, I was not *censored word*ually active at all. I've never been hospitalised for anything so, no blood transfusions there. No other possibilities are in near sight. The only major illness i can ever recall having was chicken pox was I was a teenage. Am almost in my mid thirties now. So, this is a medical situation am dealing with hence the subject of the thread, and NO ONE not even the so called specialists can figure this one out. Am reading a lot of articles, forums and watching the pharmaceutical debates, it's ALL very interestingly $$$ driven. There's certainly a lot of misconceptions surrounding the testing and even the HIV diagnosis itself. I will not get futher into details as this will make a boring read. but hope I gave you an answer that gives you an idea of where am at.
~Bonuck, thanks for your input my friend and I defintely agree with you, lawyers are way too expensive but my wife thinks we have better luck with a lawyer even with strong evidence, documents and all for our application. Am doing my medicals in alabama and I have an appt. set for last week of july. I'll carry my entire suite case full of medical reserch and articles I've since saved for the last 3 years, Lol. No seriuosly, but I'll defintely take with me the necessary documents that i think maybe of relevance. I called the Dr's office and the "office lady" wouldn't even let me speak with the Doctor. I asked her what they'll be examining she said... "just everything", i could tell she wasn't going to be of any help. As for the price, she says anywhere from "350-500 USD depending on what needs to be done". So knowing what I know so far, this will mean lab work and lab work and lab work. I still have my TB, xrays, and immunization results from the US immigration stuff from 3 years ago. Oh well, I guess I have no choice but to save atleast 500 USD. She says, I need to bring passport and 6 passport size photos, wow, 6? Did you guys do the same? What immigration forms do I need to take with me if any and where can I get them online? I just don't trust the office lady's response to my detailed queries. I want to make sure, I will not have to go back there cuz it a four drive from my location. And is there something I will need to take after the exam is done/ I have read a number of things here regarding reciepts, or medical exam proof and the like. Please, advise where you see fit.
Thanks guyS.