Spouse has diagnosed brain tumor while I-130 is under processing

[nibd 1]

Hello Dear all!

I am from Bangladesh! My wife is a US citizen. We loved each other and she came here two three times. We got married after having one child.

However, In March-12 she filed I-130 for me. I was called Dec-12 for interview at Dhaka Embassy. The consultant asked me few questions, I answered. Next he asked me to show my Child's Birth Certificate (He was born at NY and also has US passport )I show him the Passport of my child but, could not show Birth Certificate as my wife did not send any copy of it. The councilor refused me with a blue paper and wrote 'Birth Certificate of Child' and told me to come another day(not any fixed date) with my son's Birth Certificate copy.

This is January I still did not get the Birth Certificate because my wife ordered for it and did not get the mailed copy from Birth Certificate Office NY.

We think after getting this copy the embassy may asked for DNA Test, Can you please tell me How much times it may take to proceed DNA Test Result and my Visa possibility??

This is not the main question! In the 1st week of January my Wife Diagnosed a Brain Tumor and need to do Surgery! We both are in terrible situation, crying and crying.......We both are becoming mental patient.....we love each other very very much!

I am telling her to do surgery asap! She answering without seeing me she will not start Surgery, she is waiting for me, but she need to do the surgery immediately. I told her to come Bangladesh, she agreed, but I know the treatment is not better here.

Now is there any quicker way for me to go to my wife and my lovely baby???

Please help me with any suggestions!

[kzielu 1,149]

At this point the quickest way is to actually provide birth certificate. You have been thought the entire process so there is nothing to expedite there.

[rodceasar 34]

Now certain as to a quicker way but your wife can go into the Office of Vital Statistics (one is in lower Manhattan at the Dept. of Health)and purchase a copy of the birth certificate. Unless, things have changed, she should be able to obtain it and walk out in less than 30 minutes.

[Sandra G. 5,051]

She can get the copy of the birth certificte in 15 minutes if she goes there.Why she doesn't have a copy of the child Certificate in her house.If they decide to put you in AP then you can ask them to expedite your case because of her health problem.If they ask for a DNA test it will take at least 2months.

[nibd 1]

Thank you sandranj.

Actually, my wife is crying and asking again and again to see me before her surgery.

I heard that there is an option if my wife's Regular Doctor give her a medical report and if she come here at embassy and tell that she wants me beside her during the surgery. Will it help much?

(We know about the Birth Certificate issue, but may be she filed to edit something on the Birth Certificate. That is why it is taking times.)

She can get the copy of the birth certificte in 15 minutes if she goes there.Why she doesn't have a copy of the child Certificate in her house.If they decide to put you in AP then you can ask them to expedite your case because of her health problem.If they ask for a DNA test it will take at least 2months.

[speedwell 224]

This may sound like an absurd question, but what is preventing the OP from seeing his wife as a visitor? Is there something in the law preventing that?

[Ryan H 3,813]

This may sound like an absurd question, but what is preventing the OP from seeing his wife as a visitor? Is there something in the law preventing that?

It's highly unlikely the OP would be issued a tourist visa and Bangladesh is not a VWP participant country (and is unlikely to become one in the foreseeable future).

[canadian_wife 1,823]

nibd, I'd send the birth certificate and a doctors note with your wife's illness and ask for an expedite

Sadly, cases like yours often undergo AP, perhaps the expedite will help

good luck

[Villanelle 4,122]

Thank you sandranj.

Actually, my wife is crying and asking again and again to see me before her surgery.

I heard that there is an option if my wife's Regular Doctor give her a medical report and if she come here at embassy and tell that she wants me beside her during the surgery. Will it help much?

(We know about the Birth Certificate issue, but may be she filed to edit something on the Birth Certificate. That is why it is taking times.)

What do you mean she is editing the birth certificate? Its a very strange thing to say. In the US you can not 'edit' a birth certificate. What you can do is amend it by

-going to court and have a minor childs name changed and then have a new birth certificate issued.

-or if the child had no father listed on the birth certificate and you are seeking to have your name listed as the father and you signed and submitted a voluntary acknowledgment of paternity form, they will then reprint the birth certificate showing your name listed as the father. If this is the case, then sadly it could take weeks for the clerk to process. Your wife should be able to call the clerk and ask for a time frame though. Perhaps if she explains the situation and her urgent need for the corrected certificate she could get them to expedite it. The people that work in the clerks office are human. If you ask nicely and have a good reason they can make the process move faster.

[nibd 1]

Thank you for your reply.

It seems you can help me with another question.

I have faced the interview at Dec-10-2012 and as I told I have been asked to come again with child's birth certificate. They did not provide any date just asked me to come any opening day! Now, it already delayed one month and may be will take 2 months if my wife comes. Will there any problem? Or is there any possibilities that the embassy will send back the file to the USCIS?

nibd, I'd send the birth certificate and a doctors note with your wife's illness and ask for an expedite

Sadly, cases like yours often undergo AP, perhaps the expedite will help

good luck

[nibd 1]

What do you mean she is editing the birth certificate? Its a very strange thing to say. In the US you can not 'edit' a birth certificate. What you can do is amend it by

-going to court and have a minor childs name changed and then have a new birth certificate issued.

-or if the child had no father listed on the birth certificate and you are seeking to have your name listed as the father and you signed and submitted a voluntary acknowledgment of paternity form, they will then reprint the birth certificate showing your name listed as the father. If this is the case, then sadly it could take weeks for the clerk to process. Your wife should be able to call the clerk and ask for a time frame though. Perhaps if she explains the situation and her urgent need for the corrected certificate she could get them to expedite it. The people that work in the clerks office are human. If you ask nicely and have a good reason they can make the process move faster.

Yes, you are right! My name is not listed in the B.Certificate. She gave the paternity form signed by me at the hospital and also a notarize copy from me. But they did not list my name. One month ago she went at birth certificate office and submitted again. After one month they sent a letter that there is something error! She will go tomorrow to fix it. And will come Bangladesh with my child.

I have a question please.

I have faced the interview at 10th December and they asked me to go again with Child's Birth Certificate. They provide me a blue paper and did not mentioned any Date to go (told any day). If my wife comes and We go to the embassy, it will be about two months delay from the 1st Date (10th December). Will it be any problem for the delay??? I heard sometimes they send the file back to the USCIS? Is there any possibilities to send the file back to the USCIS in my case???

[Villanelle 4,122]

well your interview was Dec 10, today is already Jan 14th.

Do you have the birth certificate yet? Are you going to be getting it very soon?

Since they didnt give you an exact time frame of how long you had to submit your childs birth certificate you should contact them to let them know when you will be bringing it in (give them an update- my wife has contacted the clerk and we will be bringing it to the embassy on XYZ date)

They will send the file back to USCIS if they dont hear from you or you fail to bring in what was requested. So contact them and let them know whats going on. If you need more time, let them know. it has been 30 days, so give them a status update. They can note the file so it will be held a bit longer. (however its not guaranteed they will hold it, you may get a sour caseworker who feels you had enough time and sends you back because theyre in a bad mood)

Edited January 14, 2013 by capri

[Noah Lot 391]

Yes, you are right! My name is not listed in the B.Certificate. She gave the paternity form signed by me at the hospital and also a notarize copy from me. But they did not list my name. One month ago she went at birth certificate office and submitted again. After one month they sent a letter that there is something error! She will go tomorrow to fix it. And will come Bangladesh with my child.

I have a question please.

I have faced the interview at 10th December and they asked me to go again with Child's Birth Certificate. They provide me a blue paper and did not mentioned any Date to go (told any day). If my wife comes and We go to the embassy, it will be about two months delay from the 1st Date (10th December). Will it be any problem for the delay??? I heard sometimes they send the file back to the USCIS? Is there any possibilities to send the file back to the USCIS in my case???

It's best to comply with their instructions, because the more you try to avoid compliance, the less likely they will do anything to move the case along faster.

Why didn't your wife put your name on the B/C in the first place? Were you in the US, at the hospital, when the child was born?

a notarized correction to the B/C may not be sufficient....and thus it is possible that the embassy will ask for (demand) a DNA test, which will take weeks to complete.

[Villanelle 4,122]

He stated they got married after the child was born. In NY when a child is born to a mother who is not married, in order for a father to be listed on the birth certificate he has to sign a voluntary acknowledgement. He can do this at the hospital or any time afterwards. You submit this to the clerk and the birth certificate is reprinted with the corrected info on it.

It looks no different then it would otherwise. No where on it does it say 'fathers name- added later on xyz date'. It simply says fathers name/mothers name and the date the certificate was reprinted by the clerk.

So in fact its not a notarized correction to a birth certificate. As no where on the certificate will it show any corrections or alterations.

The only thing that could have saved the OP from this mess would have been leaving out the fact that he had a child. While I get why he did- In his head, he does have a child- Legally he doesnt. He doesnt have a legal birth certificate with his name listed as the father- so technically (legally) he doesnt have any children. He might have been better off obtaining his visa and waiting until he was in the US to submit the acknowledgement of paternity form and correct the birth certificate. But its too late now. They submitted the form, and he told USCIS he does have a valid birth certificate with his name on it, so theyre waiting to see it.

[nibd 1]

well your interview was Dec 10, today is already Jan 14th.

Do you have the birth certificate yet? Are you going to be getting it very soon?

Since they didnt give you an exact time frame of how long you had to submit your childs birth certificate you should contact them to let them know when you will be bringing it in (give them an update- my wife has contacted the clerk and we will be bringing it to the embassy on XYZ date)

They will send the file back to USCIS if they dont hear from you or you fail to bring in what was requested. So contact them and let them know whats going on. If you need more time, let them know. it has been 30 days, so give them a status update. They can note the file so it will be held a bit longer. (however its not guaranteed they will hold it, you may get a sour caseworker who feels you had enough time and sends you back because theyre in a bad mood)

Thank you very much for your knowledgeable reply.

I am going to get it soon, but my wife will come here and may be we can reach at embassy by February 10-15.

How can I contact with the embassy, can I make a phone call or walk there, or is it better if my wife call to the Dhaka embassy?