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Posted

Hello,


I'm a Syrian citizen who was born in Saudi Arabia (so My state of chargeability is Saudi Arabia), and my wife is a US citizen, we have been married for more than 2 years and we are residing in Istanbul Turkey, our case was approved by the USCIS and the NVC 2.5 months ago, and now we are in the line waiting for our interview to be scheduled at the embassy in Ankara - Turkey.


As I understand that I'll be subjected to the travel ban because of my citizenship, so we need to prepare a waiver package to propose it during the interview.

 

My wife's temporary resident permit will be expired within 2 months and it can't be renewed, and she also needs to travel to the US as soon as she can to attend the internship at the hospital to graduate, and she does not want to travel without me.

 

My question is:
What should we include in the waiver package? Have any one done that before? and does our status eligible to file an expedite request for our interview?

 

Please advise.

Filed: Citizen (apr) Country: Morocco
Timeline
Posted

Read the section under waivers on USCIS site 

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/presidential-proclamation9645.html?wcmmode=disable

 

Basically it says 

There is no application for a waiver - the State Department says it “automatically” considers applicants for them.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Difficult to see it taking less than 2 months, hopefully you have a plan B

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

Do you think it is better to file an expedite for the interview or shall we wait f it to be scheduled by the embassy?

 

I'm asking because as I've mentioned before My wife's temporary resident permit will be expired within 2 months and it can't be renewed, and she also needs to travel to the US as soon as she can to attend the internship at the hospital to graduate, and she does not want to travel without me.

 

Does that make any difference? as I've understood the medical filed workers have a special attention those days, also our status falls in the article (D) from the "How do the Proclamations address waivers?" which is on the (State Department) site which says:

D- The foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry would cause the foreign national undue hardship.

 

Also, I’m sponsoring my wife because she doesn’t work, ant this point is very clear in our case since she was added me as a joint sponsor.

 

Finally I’m confused because I’m about to get the Turkish citizenship after a few months and once I get it I’ll be a dual citizen who is exempted of the travel ban, so I’m afraid if we filed for expedite we may stuck in the waiver process for unknown time and if we postponed our interview until I become a dual citizen my wife will be over stay in turkey.

Posted

Unfortunately we don’t have a plan B, she refuses to travel alone, we can’t afford the expenses of living in 2 deferent countries, and my wife is afraid o travel alone especially during the pandemic because of a very horrible experience we have had here in turkey, we have tested positive for COVID-19 by mistake, and we have been through a very bad 10 days.

 

And on top of all of that her temporary permit residence in turkey will be expired after 2 months we are really exhausted mentally, emotionally and financially.
 

Posted

She might want to contact her internship hospital and ask them if she could delay her internship.
 

While no one wants to be separated, staying illegally in another country and giving up on the speedy completion of her studies seems like a big step back.

 

Best of luck.

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)
6 hours ago, Maan_1980 said:

My wife's temporary resident permit will be expired within 2 months and it can't be renewed, and she also needs to travel to the US as soon as she can to attend the internship at the hospital to graduate, and she does not want to travel without me.

If her resident permit can't be renewed, I suggest that she goes to the US for the internship.  I understand why she doesn't want to travel alone, but lots of people travel alone even if they don't like it, so that's unlikely to be reason enough for an expedite under normal conditions.  Given the travel ban on citizens of Syria, your situation is even more complicated, a waiver may or may not be considered once you get your visa interview, then there's the dreaded "administrative processing" phase that some visa applicants go through, and that can take many months, even years.  I don't see many options here for her to stay in Turkey with you if her residence permit expires in two months.  Certainly try to get your interview expedited by contacting NVC and the Ankara embassy, give them your reasons, send documentation, and see what happens.  If that doesn't work, she'll have to return to the US alone and wait for your visa to be issued, hopefully you won't be too long in getting it.  Good luck!

Edited by carmel34
Filed: Country: Vietnam (no flag)
Timeline
Posted
2 hours ago, Maan_1980 said:

Unfortunately we don’t have a plan B, she refuses to travel alone, we can’t afford the expenses of living in 2 deferent countries, and my wife is afraid o travel alone especially during the pandemic because of a very horrible experience we have had here in turkey, we have tested positive for COVID-19 by mistake, and we have been through a very bad 10 days.

 

And on top of all of that her temporary permit residence in turkey will be expired after 2 months we are really exhausted mentally, emotionally and financially.
 

Hi,

Not trying to be mean.  Just delivering some cold hard truth.

 

Immigration involves tough choices and separation.  Almost everyone here has had to be separated from spouses and their babies.  

If your wife refuses to travel alone before her residency permit expires, then she will be living in a foreign country illegally and risk losing her internship.  Those are the consequences. 

Sorry, but you can not always get what you want.  Sometimes, you have to make a choice on suffering a little short term pain for long term gains.  

Best of luck.
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Can not Turkish citizens sponsor their spouses?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
11 hours ago, Maan_1980 said:

 

Also, I’m sponsoring my wife because she doesn’t work, ant this point is very clear in our case since she was added me as a joint sponsor.

 

What do you mean you’re sponsoring your wife?

 

For US immigration purposes your wife is your sponsor. If she has no income, she needs to find a qualified US based joint sponsor (a USC or LPR). If you’re thinking of self-sponsoring that only works if your source of income will continue in the US. 
 

The best option is for your wife to put on big girl pants, go to the US and start earning income. There’s no COVID testing for USCs returning from abroad. 

ROC 2009
Naturalization 2010

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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