medical emergency and travelling

[RichiJenny 14]

HI there,

Its been a while, but now Im back! I am in a major dilema, I have quite a serious medical emergency, and I have to leave for the UK this evening.

I arrived in the US, after we filed a K1, in March of this year, and we married in June.

We were just about to file for AOS and AP this weekend, and now I have to leave, as treatment for me here would be far too expensive, and my wife cannot afford that, it is certainly not something we expected. and is a great worry to us.

Our, my biggest concern is that i am kind of 'in between' status, and once I leave the US, I cannot get back in with my K1, obviously.

My questions are -

Will I be banned from the US once I leave?

I spoke with CBP and they said they'd heard of AP being issued to the beneficiaries home consulate in a case of emergency.

What will be the process once I leave? We dont want to be apart longer than we've had to wait already, but now would we have to file a K3 perhaps? Im so worried and confused right now, so if someone can advise I would be extremely grateful.

Richi

[shakysgirl 1]

Richi- I'm so sorry to hear about this- I don't know exactly what you need to do- I believe you have to file for AP prior to leaving the country. You may end up needing to file for K-3 to get back into the country. If this turns out to be the case, I'd get the paperwork in now as the process can take approximately 4- 6 months. Is your wife able to go to the UK to live while you receive treatment? A British spouse visa is quick and easy to obtain and she will receive work authorization immediately (it is expensive though). It would save you months apart during this time if it is at all possible. You can file for the k-3 while living out of the US.

Good luck to you!

[MHandMB 0]

I'm sorry to hear about your problem. I hope you'll be back in good health in no time!

I have heard about people being granted emergency AP at local service centers. However, all of the cases I've heard of have involved people who have already applied for AOS.

Can you make an appointment at your local office before you have to leave? It won't hurt to at least ask to see what your options are. I'm sure you're not the first person who has asked.

Also, as far as your wife coming over to the UK while you file for a K-3 (should that be necessary) be sure to take into consideration the Affidavit of Support. If your wife is in the UK with you, she most likely won't be able to qualify on her own to support you without a U.S. job, so you'd probably need a co-sponsor. Someone else may come along and correct me, though.

I hope everything works out and that you're back in no time!

[RichiJenny 14]

Thanks guys. We're both in CT at the moment, and I leave in a few hours now. I will ask the US Embassy in London for advice when Im back in the UK - Im also hoping my treatment wont be too long at all.

My wife works so she cant really be with me at this time, which is a massive blow in itself.

Im guessing if we file for the K3, it is a lot quicker than the fiance visa process?

Thanks guys. We're both in CT at the moment, and I leave in a few hours now. I will ask the US Embassy in London for advice when Im back in the UK - Im also hoping my treatment wont be too long at all.

My wife works so she cant really be with me at this time, which is a massive blow in itself.

Im guessing if we file for the K3, it is a lot quicker than the fiance visa process?

[rebeccajo 14]

No K3 isn't quicker. It seems to be much slower in fact.

[no name 1]

can't you at least call your local office & TRY to get an answer? If you leave the country without asking anything/filing it might be a HUGE problem....

[meddykomp 0]

K-3 is slower than the K-1 so I would have your wife send in the petition immediately. The good news is that once you get it, you have multiple re-entry for 2 years while you adjust status.

Good luck and I hope that your health issues are resolved quickly.

Angel

[Peter Miami 0]

K-3 is slower than the K-1 so I would have your wife send in the petition immediately. The good news is that once you get it, you have multiple re-entry for 2 years while you adjust status.

Good luck and I hope that your health issues are resolved quickly.

Angel

Very true.

Peter Miami