Extreme hardship?

[LeanneT 1]

5 minutes ago, SusieQQQ said:

I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can NVC help me?

If a visa is available for your relative’s category, and their case involves a life or death medical emergency, processing of your case may be expedited. To request a review for expedite, please submit a scanned letter (or statement) to NVCExpedite@state.gov from a physician (or medical facility). The letter must include the physician’s (or medical facility’s) contact information, and declare a life or death medical emergency exists.

Please make sure to include your case or receipt number on the subject line along with at least one of the of the following:

• Petitioner’s name and date of birth
• Beneficiary’s name and date of birth
• Invoice ID number

If a visa is not available, unfortunately there is nothing that NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp7

Thanks 

 

as soon as I get in that first chart I will apply..

 

I have all my fee’s and paperwork done and accepted at the nvc so I just need to hope it hurry’s up 

[Redro 4,611]

6 hours ago, LeanneT said:

It’s a big surgery and 90 probably won’t be enough time 

You can apply for a tourist visa.

That will give you 6 months to stay in the US with your relative.

Be aware you won't be able to work while you are in the States. So, only go this route if you can afford it.

I'm not sure they would grant B1/B2s to your entire family (how many family members plan to move?)

But, maybe one spouse stays for 90 days on ESTA the second stays for 6 months on a tourist visa (if it is granted) and then the first spouse can stay in the US again on ESTA. Giving you the ability to stay in the US and look after your relative for a year. 

 

If going over on a tourist visa is not an affordable plan you'll just have to wait for the visa to be current. 

[LeanneT 1]

2 minutes ago, ROK2USA said:

You can apply for a tourist visa.

That will give you 6 months to stay in the US with your relative.

Be aware you won't be able to work while you are in the States. So, only go this route if you can afford it.

I'm not sure they would grant B1/B2s to your entire family (how many family members plan to move?)

But, maybe one spouse stays for 90 days on ESTA the second stays for 6 months on a tourist visa (if it is granted) and then the first spouse can stay in the US again on ESTA. Giving you the ability to stay in the US and look after your relative for a year. 

 

If going over on a tourist visa is not an affordable plan you'll just have to wait for the visa to be current. 

I have 4 children that couldn’t be away from me and then my husband would have to leave work that would just be to hard..I work for myself..so I can just pick that up again but it will just be so difficult..I will just need to wait hopefully won’t be long

[Family 3,997]

5 minutes ago, LeanneT said:

She is my husband’s immediate relative 

I am still wondering why your Husband ( the married adult son of a USC..thus no IR category for USCIS immigration lingo..forgive the lllong about) …does not hop on a plane and go help MOM get through whatever surgery pre-op she needs. 

Like clockwork, you ca go for another 90 days for an entire YEAR…and more!!!! No POE would balk at moms docs papers.

 

to help her either w the “ scheduled surgery “ or post -op. 
The two of you could possibly prolong her life …simply by making the trip….which THE wrest of the families awaiting current priority dates ..for bloody decades could not dream of. 
 

[SusieQQQ 11,586]

12 minutes ago, LeanneT said:

Thanks 

 

as soon as I get in that first chart I will apply..

 

I have all my fee’s and paperwork done and accepted at the nvc so I just need to hope it hurry’s up 

Might be hard to argue life and death emergency when she’s choosing to delay surgery though. How much longer is she prepared to wait for you to get current?

[LeanneT 1]

Just now, SusieQQQ said:

Might be hard to argue life and death emergency when she’s choosing to delay surgery though. How much longer is she prepared to wait for you to get current?

They can do a procedure every few weeks as she doesn’t want another surgery this year she had been through enough…so for as long as that work but obviously if they say they can’t keep doing it she will have no choice 

[Rocio0010 5,579]

21 minutes ago, LeanneT said:

She is my husband’s immediate relative 

I understand that and I do understand your frustration and concern for the expedite. However, expedites usually work (and big IF they work) when the petitioner is the USC. Your MIL did not petition you. Of course you can try, but the IO might perfectly argument that your husband can go on his own to be with her. Again, I am not being mean, I am just playing the devil's advocate to give you an idea of their reasoning. Good luck.

[SusieQQQ 11,586]

When in 2009 is your exact priority date? I assume you are aware that F3 has been at some date within Nov 2008 since the July 2021 visa bulletin, and in the year prior to that it had moved 6 months’ worth of PD. Hoping it’s going to suddenly speed up doesn’t seem a good strategy, given the backlog /wait from covid and given that F3 is quota-limited each year.

[LeanneT 1]

12 minutes ago, Family said:

I am still wondering why your Husband ( the married adult son of a USC..thus no IR category for USCIS immigration lingo..forgive the lllong about) …does not hop on a plane and go help MOM get through whatever surgery pre-op she needs. 

Like clockwork, you ca go for another 90 days for an entire YEAR…and more!!!! No POE would balk at moms docs papers.

 

to help her either w the “ scheduled surgery “ or post -op. 
The two of you could possibly prolong her life …simply by making the trip….which THE wrest of the families awaiting current priority dates ..for bloody decades could not dream of. 
 

Why did I not think of that…Can you also let me know where I can get the money to pay for a year of bills 

[SusieQQQ 11,586]

1 minute ago, Rocio0010 said:

I understand that and I do understand your frustration and concern for the expedite. However, expedites usually work (and big IF they work) when the petitioner is the USC. Your MIL did not petition you. Of course you can try, but the IO might perfectly argument that your husband can go on his own to be with her. Again, I am not being mean, I am just playing the devil's advocate to give you an idea of their reasoning. Good luck.

They can’t expedite before the priority date is current. When they are able to expedite, and if the expedite case is successful, I can’t see any point in them granting a visa only to the principal applicant and not the derivatives in the case. All they would be doing would be creating extra work for themselves having to have at least two interviews instead of one for the same visa number. Have you ever heard of a case like that? I haven’t. 

[LeanneT 1]

3 minutes ago, SusieQQQ said:

When in 2009 is your exact priority date? I assume you are aware that F3 has been at some date within Nov 2008 since the July 2021 visa bulletin, and in the year prior to that it had moved 6 months’ worth of PD. Hoping it’s going to suddenly speed up doesn’t seem a good strategy, given the backlog /wait from covid and given that F3 is quota-limited each year.

I am right at the beginning of 2009

[SusieQQQ 11,586]

Just now, LeanneT said:

Why did I not think of that…Can you also let me know where I can get the money to pay for a year of bills 

I’m curious if your mom in law is sponsor and this ill, and apparently no spouse to look after her - is she working? I think the income requirement is something like $65k to sponsor a family of 6 if there’s only one person in the sponsoring household. She’s ok to earn that despite being so ill?

[Rocio0010 5,579]

3 minutes ago, SusieQQQ said:

 Have you ever heard of a case like that? I haven’t. 

You're right. For some reason, I had a brain gas and I automatically associated expedites with spousal or fiance visas. That's why I also used the term "immediate relative". My bad and thank you for pointing it out.

[SusieQQQ 11,586]

6 minutes ago, LeanneT said:

I am right at the beginning of 2009

It’s moved 3 weeks over the past year. Could still be a year or two before they get to your number depending on how the backlogs go.

 

PS my old F3 date was Dec 2008. I’ve been watching this movement thankful I had an alternative. I can understand how frustrating it is to be apparently so close and just not quite getting there.

Edited August 5, 2022 by SusieQQQ

[LeanneT 1]

5 minutes ago, SusieQQQ said:

I’m curious if your mom in law is sponsor and this ill, and apparently no spouse to look after her - is she working? I think the income requirement is something like $65k to sponsor a family of 6 if there’s only one person in the sponsoring household. She’s ok to earn that despite being so ill?

Yes she is working and the money she earns is above the threshold