difficult health situation, looking for solutions

[karenista 1]

Hi,

My fiance has his interview on Tuesday and we are very hopeful he will be approved. We have been planning for him to move here on March 19, 2010. But we just received the horrible news that his father has terminal cancer and will likely pass away sometime this year. This puts us in a bind because we had not planned on marrying immediately (we wanted to wait a month or two), but you cannot leave the US on Advance Parole if you have not filed for AOS. So if he came over on K-1 and needed to return to England for an emergency for his father and we were not yet married, it would mean we would have to start all over. So I am wondering if anyone knows if it is possible, even if he is approved for K-1, to come over here for a month or so in March on the Visa Waiver Program as a visitor, then return to England to see his father, and then come back the next time (within the K-1 allotted 6 months time frame) on the K-1? I hope this makes sense to you. Or if you have other ideas (other than marrying the day he lands here, which we could consider although it was not what we had planned), please let me know!

Thanks,

Karen and Mark

[Rebecca Jo 1,962]

I've read the rare claim of persons coming over on the VWP without using the K1. As stated, the report is rare and really can't be confirmed.

The expiration date on the K1 (six months from date of issuance) is the drop-dead date to use this SINGLE ENTRY visa.

Consulates can choose to re-affirm the visa if the applicant has returned to the home country prior to the six month expiration date. But it's a tedious process and strictly case-by-case.

You have three reliable options. Marry as soon as he arrives and file his adjustment. Or he remains in the UK as long as possible (he has six months to use the visa). Third, contact the consulate and ask if in these extenuating circumstances, if they would possible consider re-issuing the visa if it has not been used by the sixth month deadline.

In my opinion your fiance needs to stay with his Father till he passes. You have your entire lives to be together.

[VanessaTony 3,567]

Honestly, I think it IS possible but I wouldn't risk it. I just think it looks weird that you have a visa and don't use it ... i don't know how they'd act at POE.

I think, having a father who's ill myself, that the best option would be to marry ASAP, apply for AOS and advanced parole. If an emergency arises before the AP is granted he can make an infopass to be able to get the AP issued quickly so he can leave.

Once he has the GC, if he hasn't travelled home yet, perhaps the both of you could go back to England to spend time with his dad. He's got residency requirements (meaning he can't stay away from the US for long) but at least if he's able to spend some time with his dad he'll feel better. I know personally it's difficult and stressful not being able to head home if there's an urgent need.

Getting his GC (or his EAD) means he'll be able to get a job too, able to save more money for flights home if needed, able to leave at the drop of a hat.. though I hope that's not needed.

Good luck with your decision. I know it's not ideal, but if it's the want to have a big ceremony you could have a courthouse wedding so you can file the paperwork and still plan the big party. Perhaps even a "party" in his home town when he heads home. Maybe have your family travel over if they can to meet his family. Just some ideas.

[VanessaTony 3,567]

I've read the rare claim of persons coming over on the VWP without using the K1. As stated, the report is rare and really can't be confirmed.

The expiration date on the K1 (six months from date of issuance) is the drop-dead date to use this SINGLE ENTRY visa.

You have three reliable options. Marry as soon as he arrives and file his adjustment. Or he remains in the UK as long as possible (he has six months to use the visa). Third, contact the consulate and ask if in these extenuating circumstances, if they would possible consider re-issuing the visa if it has not been used by the sixth month deadline.

Agreed.

Though I truly believe for both your sakes that getting him to the US ASAP, getting his GC ASAP is best.

Alternatively speak with the consulate, maybe they can give him a 12 month period instead or issue the visa at a later date so the 6 month period isn't for a while. Can he get a letter from his dad's doctor stating his condition? That might help at the interview.

*fingers crossed** for both of you.

Edited February 20, 2010 by Vanessa&Tony

[Rebecca Jo 1,962]

Agreed. I truly believe for both your sakes that getting him to the US ASAP, getting his GC ASAP is best. Or speaking with the consulate like the PP suggested, maybe they can give him a 12 month period instead. Can he get a letter from his dad's doctor stating his condition? That might help at the interview.

*fingers crossed** for both of you.

I am not trying to start a fire here Vanessa, but you begin your post with "Agreed". I'm not sure what you are agreeing with, but it's not my contention that the OP's fiance should get here as soon as possible.

And I wasn't suggesting the consulate might issue a visa for a 12 month period. I'm suggesting finding out if they ever extend the visa should it not be used (for good reason) during the six month window.

Edited February 20, 2010 by JohnnyQuest

[VanessaTony 3,567]

I am not trying to start a fire here Vanessa, but you begin your post with "Agreed". I'm not sure what you are agreeing with, but it's not my contention that the OP's fiance should get here as soon as possible.

And I wasn't suggesting the consulate might issue a visa for a 12 month period. I'm suggesting finding out if they ever extend the visa should it not be used (for good reason) during the six month window.

Sorry.. I should have removed the parts i wasn't referring to. I'll do so now

I'll also note my father is also terminal and that was the path I selected. He didn't want me putting my life on hold for him when he's lived and IS living a long life. Above all else think positive.

Edited February 20, 2010 by Vanessa&Tony

[Kathryn41 3,205]

You might want to talk with your father's doctor about a better time frame of his prognosis. A diagnosis of terminal cancer is dishearteningly sad. I think a lot of your decision will have to rest on 'how long' his doctors think he has left. There is a difference between a month or two, or a few months or a year. Cancer can strike quickly - in my family two members died within 10 days of their cancer diagnosis, one within 1 week of the diagnosis and my mother within one month of her diagnosis. It can also drag on - my aunt survived 6 months after her diagnosis. I think you need more information from his doctors to help you decide on the best approach.

Based on the medical prognosis, your fiancee might want to ask the Consulate if they can also 'delay' issuing him the visa and if so, for how long so that will add some time to the 6 month visa time frame as well. He should bring along evidence from his father's doctor about his condition when he asks for this consideration. It may provide the solution that you need, although it will mean delaying his arrival to the US and your marriage for a few months. If they are willing to hold off on issuing the visa for a few months, then he can make a short trip over to see you and return without risking his immigration process. If his doctor gives him a longer time frame, then you can proceed with your plans as they currently are, but plan on getting married sooner rather than later, get the AOS/I-131 in process asap, and hope that things come through in time. If worse comes to worse, then the emergency AP can be available very quickly once the AOS and I-131 have been filed although it will probably add a day or two delay on his return home.

I am sorry you are having to deal with this at what should be a happy time for all of you. Good luck to you both.