How will my hiv status affect me from getting a green card through marriage

I'm sorry to hear that you have to deal with this disease, but glad that you and your wife have found eath other - so congratulations on your marriage!

You do need to speak with a lawyer because - although likely to be a workable, utlimate approvable green card case, it will be a complicated one.

While HIV is technically a medical grounds for exclusion from the U.S., it is possible to get a waiver if you have a qualifying relationship to a US citizen or permanent resident (since you have a U.S. citizen spouse, you do), and if you meet certain other criteria:

1) That giving you a green card will present minimal danger to the public health of the U.S. and that the possibility of the spread of infection will be minimal if you get a “green card” - this can be proven with affidavits showing that you have received counseling on how the disease spreads (from both a social worker or medical professional who has counseled you, and from you yourself), that you do not intend to engage in high risk behavior, and that you are complying with and intend to keep complying with your medical treatment regimen; and

2) That your HIV will be treated at no cost to the government without its permission - The most common way to fulfill this requirement is through proof that you have private health insurance. - possibly through your wife's job.

Procedure: From what I understand, you would still have the physician complete the medical exam, answering truthfully to the HIV questions, and this would be submitted with the green card application. The I-601 waiver form with all of the documentation (affidavits, proof of insurance coverage, $545 filing fee, etc.) would be prepared and ready to go at the green card interview when the officer reviews the paperwork and tells you that you would be inadmissible based on the positive HIV test.

Nothing is certain, and this does make your case more complex. However, if you can meet these criteria it should still be possible to get you a green card.

Speak with a lawyer to see if you meet the criteria, and/or to investigate what it would take to make sure that you do meet the criteria.

Hello,

When you apply for your green card through marriage to a US citizen, you submit an adjustment of status application. When USCIS adjudicates your application at your upcoming interview, the officer will determine whether any grounds of inadmissiblity apply to your case. If you are inadmissible, unless you qualify for a waiver of that inadmissiblity, you cannot qualify for a green card.

USCIS considers HIV a communicable disease of public health significance. This means that having HIV technically makes you inadmissible. You can apply for a waiver through your US citizen spouse. The documentation for a waiver is extensive. You might consider hiring an attorney to help prepare it for you. If you cannot afford an attorney, you might try an HIV Legal Services project in your area. I see you are in Philadelphia. In Los Angeles we have an excellent organization named HALSA. They may know of a sister organization in your area if you would like to contact them. HALSA has the following web link:
http://www.halsaservices.org/

I hope this helps.