Is cancer grounds to Expedite K1

[HappyPerson 0]

Hello, I had a NOA1 on 11/23/2021, and we filed for a K1 fiancé visa (i129f). I am an American citizen, and my fiancé lives in Iraq. My fiancé has complained of severe abdominal (pelvic) pain associated with several other symptoms. She had a check-up with a doctor a few days ago and is suspected of having an ovarian tumor. So cancer..... Iraq has crappy Medical facilities, and I'm sure if she gets treated in Iraq, they will kill her before cancer. I want to get her to me ASAP and at least get proper testing for her to see what's going on. I love her and can't imagine my life without her, I was just with her for a visit a week ago, and I'm now back to work. Is this grounds to expedite our case? Or do I have to quit work and spend time with her until our case is done? Please advise.....

 

I can get a copy of the ultrasound and a medical report describing her situation. I can have them officially translated and do whatever else I need to do. I appreciate any help. Thank you all in advance.

[SteveInBostonI130 3,451]

I have rarely seen health issues of the beneficiary be approved for expedites.

 

You can try, and the reason you would use is Humanitarian aid.

 

I would expect you to to provide evidence of her medical condition (more than "a doctor suspects") and also statistical evidence that medical care in Iraq is significantly more risky than medical care in the US for treatment of that condition.  You can not just state "they have crappy Medical facilities".

[Boiler 45,516]

Sounds unlikely but even if successful it would be quicker but not quick.

 

There is the B2 Medical but strikes me that there are better options in nearby countries.

[HappyPerson 0]

Ok I don’t understand why it’s not grounds to expedite but that’s ok. So what if I was the one who was diagnosed with cancer would that be grounds to expedite? I don’t really understand the process to be honest. Are the criteria the same for NVC and Embassy or is only the Uscis have specific criteria? Thank you

[Redro 4,611]

26 minutes ago, almawla said:

Ok I don’t understand why it’s not grounds to expedite but that’s ok. So what if I was the one who was diagnosed with cancer would that be grounds to expedite? I don’t really understand the process to be honest. Are the criteria the same for NVC and Embassy or is only the Uscis have specific criteria? Thank you

If the USC has cancer that would be grounds for expedite. Usually you have to show hardship to the USC to qualify for expedite on medical grounds. 

The idea is the USC requires their partner to be with them for assistance.

A frequent caller on a lawyer's immigration show currently has cancer and has not been able to qualify for expedite. 

If the foreign national is ill. You would probably need to show proof the treatment can only be done in the USA and you have found doctors in your country showing they are unable to treat the illness AND you have found doctors in the US willing to take your partner on as a patient.

The idea is the foreign national does have access to health care in their home country. 

You can always try for expedite. You might be approved. But, try to make your case as strong as possible with all the evidence you can gather. 

[SalishSea 17,829]

33 minutes ago, almawla said:

Ok I don’t understand why it’s not grounds to expedite but that’s ok. So what if I was the one who was diagnosed with cancer would that be grounds to expedite? I don’t really understand the process to be honest. Are the criteria the same for NVC and Embassy or is only the Uscis have specific criteria? Thank you

You can't just create a medical reason to expedite, but yes, the health expedite is generally granted only for the health of the USC petitioner.

 

How old is your GF?  Ovarian malignancy is rare in young women.  My bet would be on something benign, like a cyst.

[milimelo 4,479]

Jordan has US and UK trained doctors. 

[JeanneAdil 6,505]

yours is a  K1 and since the USC has to provide and pay for medical insurance for fiancee and cancer treatment is very expensive ,  i doubt it would help your case to apply (if u could) based on the intending immigrant diagnosed with cancer.

 

insurance ,  if u could get it,  and/or medical treatment here in the US is your main problem

 

so very sorry you 2 are going thru this and i pray for her to have the medical treatment(s) she needs and recovery

[AJ2019 58]

You can also try b1b2 visitor visa while pending k1 decision for her to seek medical treatment in US, so you can support her through that, but it’ll be really expensive without insurance, and max she can stay would be 6 months at a time. One of my friends parents come frequently to US just for doctor appointments and medical treatments. Then if they deny that then you may have a stronger case to expedite… in my opinion. 

[JeanneAdil 6,505]

15 minutes ago, AJ2019 said:

You can also try b1b2 visitor visa while pending k1 decision for her to seek medical treatment in US, so you can support her through that, but it’ll be really expensive without insurance, and max she can stay would be 6 months at a time. One of my friends parents come frequently to US just for doctor appointments and medical treatments. Then if they deny that then you may have a stronger case to expedite… in my opinion. 

you could try and since u r in Michigan

i believe the dr in her country has to ask for her to be treated in the US 

 

but still this is expensive

 

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[Crazy Cat 41,855]

13 hours ago, almawla said:

So what if I was the one who was diagnosed with cancer would that be grounds to expedite?

That is a whole different situation which would be more likely to succeed. 

[nastra30 2,287]

Usually expedites pertain to hardships associated with the USC petitioner. Having said that, I have seen expedites approved for reasons i expected them not to get approval for. So you can try your luck and see; it won't hurt either ways. Also, note healthcare costs is going to be massive for cancer treatment in the US.

Edited August 29, 2022 by nastra30

[Lynxyonok 316]

1 minute ago, Crazy Cat said:

That is a whole different situation which would be more likely to succeed. 

 

Not to contradict someone with a lot of experience and clout, but merely to ask a question;

 

I've heard of expedites denied over health reasons *if there are family members better positioned to take care of a person* as a fiancé / fiancée is technically not a relative just yet and thus is not morally bound to support the petitioner?

[Chancy 6,241]

1 minute ago, Lynxyonok said:

I've heard of expedites denied over health reasons *if there are family members better positioned to take care of a person* as a fiancé / fiancée is technically not a relative just yet and thus is not morally bound to support the petitioner?

 

There is no guarantee that an expedite request will be approved even if the request is based on the USC petitioner being ill.  What @Crazy Cat said is that the expedite is more likely to be approved if it is the USC petitioner who is ill, rather than the foreign beneficiary.

 

[Lynxyonok 316]

2 minutes ago, Chancy said:

 

There is no guarantee that an expedite request will be approved even if the request is based on the USC petitioner being ill.  What @Crazy Cat said is that the expedite is more likely to be approved if it is the USC petitioner who is ill, rather than the foreign beneficiary.

 

Thank you for the clarification. You're correct.