Medical Emergency before AOS

[OnionsJester 1]

Hi guys,

Me - Aaron, UK born - topic writer

My wife - Megan, USA born.

Okay, so I entered the US on the 26th of May. We got married Aug 2nd. Today, 24th Aug, I got diagnosed with testicular cancer.

We are poor, pretty much, and not on insurance. Badly thought out, I know, but I need to deal with things the way they are. I really simply cannot afford the surgery and the aftermath, with the CAT scans etc.

Since I have not been here for 6 months+, and I have not adjusted my status yet, I have a few questions:

1) Can I return to the UK and get this illness sorted?

2) Since we did marry within the 90 days, can I apply for AOS/AP/EAD once all this has blown over?

3) Is there any way to bring my wife with me? Some kind of compassionate visa, etc?

I am not thinking too straight and this is very rushed, so apologies for missing information. If anyone needs more info, feel free to ask.

Thanks for the feedback guys and gals.

Aaron

[Boiler 45,486]

1. From a practical point of view I doubt it would be a problem. Remember you are returning to reside in the UK, not visiting.

2. CR1/IR1 would be the visa category

3. Your wife can get a spousal visa for the UK, very quick compared to the US process, but I think more expensive.

[Nich-Nick 3,354]

Aaron~~ I just wanted to say I hope you get the best of care and you can return soon. Cancer is frightening, but this one is easy to beat, so go take care of yourself. Maybe you can apply for a fee waiver for the I-130 (spouse visa to return) based on your circumstances.

Hugs and prayers from VJ go with you and your bride.

[OnionsJester 1]

Thanks for the kind words .

About the visa type, let me just clarify the situation:

I applied K1, got my NOA2, had my interview, got the visa, came here, got married in 90 days, and am now at the application for AOS stage. If I leave now, I know I can't come back until I get AP, but can I *leave* before getting AP and can I come back after applying for it in the UK and getting it?

I don't want to start all over, now that I got this far, but I also don't want to leave cancer untreated!

[Anh map 2,098]

Thanks for the kind words .

About the visa type, let me just clarify the situation:

I applied K1, got my NOA2, had my interview, got the visa, came here, got married in 90 days, and am now at the application for AOS stage. If I leave now, I know I can't come back until I get AP, but can I *leave* before getting AP and can I come back after applying for it in the UK and getting it?

I don't want to start all over, now that I got this far, but I also don't want to leave cancer untreated!

Make an InfoPass appointment at your local USCIS to request an expedited Advance Parole. Having documentation (re: your condition) to support the request can only help.

[Boiler 45,486]

If you leave before AP then No

If you have time you could try for emergency AP.

[OnionsJester 1]

Whew, Houston had one appointment InfoPass thing left today, and the no more until late next week! Lucky?

So I take my documents (passport, etc) and my I-131 form and $360 right? Anything else?

[LIFE'SJOURNEY 970]

He will not get an emergency AP without filing first for the AOS.

[Harpa Timsah 13,258]

AP is free when filed in conjunction with a I-485. I am not sure what happens if you need emergency AP before you have filed your I-485. I'd bring a checkbook just in case, I guess.

Best of luck to you.

[LIFE'SJOURNEY 970]

On what basic would they give him an AP, if he hasn't attempt to adjust his status. According to immigration he is still a visitor, when he files for adjustment, then immigration will recognize him as a LPR.

A visitor doesn't need a AP to return, a LPR does.

[Boiler 45,486]

Once you are a LPR you do not need AP.

I may have misread the response. AP is part of the adjustment process, something most people do immediately after they have married. Have you filed?

[OnionsJester 1]

No, we haven't. We didn't have the $1000 spare, and were waiting til she got paid. She did, but unfortunately then I found out about the whole cancer thing.

Just went to the office, and yeah they couldn't do anything. We have to apply for an I-130 and go through the whole damn process again.

They sure do like stressing out cancer patients, huh?

[Boiler 45,486]

Are you going to?

Or just leave?

[OnionsJester 1]

I have to. I can't get treated here, and I can't leave my wife, and I don't want to try to make a life for her in the UK.

Oh boy, this is going to be fun when she gets home.

[Boiler 45,486]

It is a hard one, but something has to give.

AP would be nice but it does mean laying out a lot of cash and waiting.