How long can we remain in AP?

[james&nicole 2]

I just got an answer from the HCMC consulate. This is a direct quote "In case the case is pending due to the beneficiary's treatment for tuberculosis, the case is still active until the beneficiary completes the treatment provided she contacts us every 6 months notifying us that she is under treatment to keep the file in open status"

I don't know if this is for all AP cases, but if you are going to be stuck in AP for extended periods you may not have to re-file your intial petition.

[ScottThuy 140]

If you are in AP they extend the case until a decision is made... unless they put the burden on you asking for something from you that you dont produce (usually documentation of some sort).. in which case they would consider it abandoned or deny it... I assume the beneficiary potentially tested positive for TB and they just need Cho ray to sign off on the health cert? depending on the treatment/tests it could be a few months (like Ronnie and Hang or Joseph) or a year or more in some cases before the Dr's will give a clearance...

[james&nicole 2]

If you are in AP they extend the case until a decision is made... unless they put the burden on you asking for something from you that you dont produce (usually documentation of some sort).. in which case they would consider it abandoned or deny it... I assume the beneficiary potentially tested positive for TB and they just need Cho ray to sign off on the health cert? depending on the treatment/tests it could be a few months (like Ronnie and Hang or Joseph) or a year or more in some cases before the Dr's will give a clearance...

Yes that is the case. Cho Ray is telling us it will be 18 months from Jan 2010 until they consider signing off on the health certificate. At the bottom of the white slip it says if we fail to provide additional evidence within one year of our interview date (which was 12/4/09) section 203 (g) requires the application to be cancelled.

Since we won't have an approved medical certificate by 12/4/10. I asked the consulate do we wait around a year, get cancelled and then start the k1 process all over again? They replied as long as we come in every 6 months and notify them she is undergoing treatment they will keep the case active and the file in open status.

BTW I sent my e-mail to the consulate 1/6/10 and got the response 1/13/10 about a 7 day turnaround.

[ScottThuy 140]

Have her check with the consulate every 4 or 5 months letting them know the status... they should have no problem extending the case to save you the hassle of a refile.. 7 days is pretty good IMO.. I have waited 2 weeks or more each time for a response... If there is a way to get something from someone in the consulate each time to show that she was there letting them know... I would be leary of just doing it all by email, but it may work for you guys... best of luck in the treatments..