Emergency AP

[stephncorrie 0]

My mother in law was recently diagnosed with cancer. My husband and I want to travel back home to help her, but we still have not gotten AP due to another RFE in our case. My co sponsor had an extension for tax returns, so I needed to wait for her to file (she did today). We want to make an infopass appointment requesting emergency AP, but are not completely sure of the proof that we need. Is a letter from her dr saying she has cancer proof enough of a family emergency? Does it need to be the original copy, or can she scan it and we print it? Because I have an RFE on my case still, can I bring the documents I need to the infopass appointment so they can see my case will be resumed shortly?

Any advice would be greatly appreciated.

[Nagishkaw 510]

this may help...read post #1 :

http://www.visajourney.com/forums/index.php?showtopic=133193

[Otto 83]

A close friend of ours had to return to Germany for a similar reason to yours - they made the infopass and brought a letter from the doctor (I would imagine a legible copy would be fine) - AP was issued very quickly after that (a matter of a couple of days).

(They actually made two infopass appointments - the first one is where they learned they needed some sort of letter from the doctor(s).)

They didn't have any RFEs then (or after) and their AOS has since been approved so it's their situation isn't exactly the same as yours.

[stephncorrie 0]

this may help...read post #1 :

Thank you. I think we will just pay the $305 and get the document quicker.

Another question I forgot to add in my first post. My husband arrived on K-1 10-3-08. We were married 12-11-08, but did not file AOS until early March. They received our packet 3-4-09, with a notice date of 3-10-09. I understand this is an overstay, but I think I read somewhere on this site that overstays of under 90 days are forgiven. Is this correct, or would he be subject to a ban if he tried to reenter?

[stephncorrie 0]

Thank you. I think if there were problems, we could just file a new AP and bypass the RFE on our existing case. I am not sure, hopefully it will work out.

[Gary and Alla 3,694]

My mother in law was recently diagnosed with cancer. My husband and I want to travel back home to help her, but we still have not gotten AP due to another RFE in our case. My co sponsor had an extension for tax returns, so I needed to wait for her to file (she did today). We want to make an infopass appointment requesting emergency AP, but are not completely sure of the proof that we need. Is a letter from her dr saying she has cancer proof enough of a family emergency? Does it need to be the original copy, or can she scan it and we print it? Because I have an RFE on my case still, can I bring the documents I need to the infopass appointment so they can see my case will be resumed shortly?

Any advice would be greatly appreciated.

Make an infopass appointment and bring in the I-797C from your AOS paperwork if you have it. Explain your situation. The local office can issue an emergency AP. They can send the AP to your home countries consulate for pickup before you return.

[Krikit 1,164]

I filed for AOS a month after the expiry date on my I-94. I then had to make an InfoPass appointment to file for emergency AP. I brought along faxed copies of the relevant documents from the hospital and attending physician, along with a copy of my receipt notice and put it all together with a covering letter explaining my request for an expedited AP. The "overstay" had no affect on my expedited AP, nor on my subsequent reentry. I received a call to pick up the approved AP first thing the following morning. Bring along copies of all your documentation, just in case they ask about it. I wish you all the best on your MIL's complete and quick recovery.

[Krikit 1,164]

Moving from AOS forum to Working & Traveling Prior to GC forum.

Edited August 18, 2009 by Krikit

[Bobby+Umit 161]

I filed for AOS a month after the expiry date on my I-94. I then had to make an InfoPass appointment to file for emergency AP. I brought along faxed copies of the relevant documents from the hospital and attending physician, along with a copy of my receipt notice and put it all together with a covering letter explaining my request for an expedited AP. The "overstay" had no affect on my expedited AP, nor on my subsequent reentry. I received a call to pick up the approved AP first thing the following morning. Bring along copies of all your documentation, just in case they ask about it. I wish you all the best on your MIL's complete and quick recovery.

One month overstay? I wouldn't think it would have any effect.

go over 180 days, then you will probably have some issues....