Spouse returned home for medical emergency

[Mehmet&Elena 20]

All,

Its been just over 3 weeks now since my wife returned to Ukraine to take care of her sick mother. She has stage 4 cancer. We are in the middle of removal of conditions. We filed late September. Its possible all will be good and her green card issued without an interview. However I can't help but think what can possibly happen if they require an interview. Her mother is very ill and must have someone by her side. So Elena can't leave. Would it be possible to get an extension? There must be some sort of accomidations for people who are in this situation. What are all my options?

Thank you all in advance.

[Navyk 78]

All,

Its been just over 3 weeks now since my wife returned to Ukraine to take care of her sick mother. She has stage 4 cancer. We are in the middle of removal of conditions. We filed late September. Its possible all will be good and her green card issued without an interview. However I can't help but think what can possibly happen if they require an interview. Her mother is very ill and must have someone by her side. So Elena can't leave. Would it be possible to get an extension? There must be some sort of accomidations for people who are in this situation. What are all my options?

Thank you all in advance.

If your evidence is good, then you probably may not be called for an interview. Also if there is something they need, they will first ask for additional evidence or some clarification and only after that is found not to be sufficient enough will they call you guys for an interview.

So cross your fingers and hope that they don't call you guys for an interview. If they call you for an interview, then you will have to attend - yes, you can ask for a postponement.

Remember that your wife can stay abroad for only 6 months or 1 year with special permission. If she over stays, she will loose the GC and you will have to reapply and start all over again from I-130 onwards.

[AnotherLostSoul 167]

I don't know the answer to your question, but I do would like to tell I am very sorry to hear that Elana's mom is so sick. A stage 4 cancer is something that is very very hard on not only the patient, but the caregiver(s) and the immediate family. I wish all of them strength through this time.

[Mehmet&Elena 20]

If your evidence is good, then you probably may not be called for an interview. Also if there is something they need, they will first ask for additional evidence or some clarification and only after that is found not to be sufficient enough will they call you guys for an interview.

So cross your fingers and hope that they don't call you guys for an interview. If they call you for an interview, then you will have to attend - yes, you can ask for a postponement.

Remember that your wife can stay abroad for only 6 months or 1 year with special permission. If she over stays, she will loose the GC and you will have to reapply and start all over again from I-130 onwards.

Thank you for your help. I feel like I gave them enough supporting docoments. My wife is an aithorized user for one of credit cards. And she has her own card with her name. However the bank will not inclide her name on the statement. I did learn that I could get on line a detailed transaction report showing the pirchaser. Its not a statement but do you think the uscis agent will use in support of the statement?

If we end up having to file the I-130, will my wife have to return to Ukraine?

Thank you again.

[Mehmet&Elena 20]

I don't know the answer to your question, but I do would like to tell I am very sorry to hear that Elana's mom is so sick. A stage 4 cancer is something that is very very hard on not only the patient, but the caregiver(s) and the immediate family. I wish all of them strength through this time.

Thank you for your kind words and support. I will pass this on to her. She has been there now just under 1 month. She had to leave before our move to our new home. So I will everything ready for her return.

Thank you.

[Darnell 8,478]

first, there's residency requirements. If she's out of the USA for more than 6 months, she may have some problem returning to the USA, some flack at a POE.

second, there's the ROC receipt notice. If she carried that on her travel back, she's good for another year of USA Legal Permanent Resident status. If she left before getting this notice, and you moved after filing it, I suggest you chase down this notice with an ISO at the USCIS National Call Center, asking about returned mail pieces (don't waste time with a CSR, they are useless)

third, there's the evidence submitted. RoC , best done, shows a monthly journal of financial co-mingling. Not show that, then expect an RFE. USCIS is lagged, so it could be 5 to 11 months before the RFE is issued, or even longer.

fourth, there's the concept of having an interview. Since USCIS is lagged, don't expect an interview notice anywhere from 6 months to 13 months after filing. Once the interview notice hits yer postal box, she'll have 20 to 45 days before the interview actually occurs.

So, you've got issues with time, timing, change of address, possible RFE, and her being out of the USA for more than 6 months.

Good Luck with all of this !

Edited November 12, 2013 by Darnell