Advice please! In middle of K1 - Fiance diagnosed with Stage 4 cancer

[MysKay 0]

Hi All

I'm seeking some advice.

Earlier this month my fiancé had a medical emergency and to cut a long story short was diagnosed with Stage 4 cancer with a tumor on the brain.

As he was admitted to hospital through emergency and at the time we didn't know what was going on other than he had a mass on his brain and required emergency surgery. I flew out the next day to join him entering on ESTA to be there for the surgery and initial recovery.

Since arriving we have had the devesating news of his prognosis and now we don't know what to do. We had received NOA2 and were just waiting on the confirmation letter with the embassy number and this arrived this week.

He is about to go through some very serious treatments. I have to fly back to NZ to complete our visa which was always my intention (return flight is 27th August) but considering the 2 months it will take for me to complete visa stuff this and he needs support to go through his first treatments . We are both are confused on what to do next.

Can I delay filing my embassy appointment at my end to give me more time to see him through the inital treatments?

Can I do a lot of my paperwork stuff here and just fly back for medical and interview?

We don't know what to do. Also he is afraid that given how advanced the disease is after the visa is granted and we are married he could die during AOS how Would that affect me. I.e. Do I become an illegal alien and need to leave immediately?

Should we engage a lawyer?

Any advice on what our options are would be greatly appreciated. Thank you for taking the time to help.

[Ontarkie 13,915]

Get married now and file for AOS, do not leave.

Edited July 26, 2016 by Ontarkie

[aaron2020 11,651]

Get marry and file for AOS. It's perfectly legal since you are already in the US.

If you marry and file for AOS, be careful about leaving the US during the process. You will need AP to leave and be able to return to the US. If you leave without AP, you will be deemed to abandon your AOS and you will be stucked outside the US. AP takes about 90 days to get after you file for AOS.

Edited July 26, 2016 by aaron2020

[Salah&Dianna 0]

I had a friend in a similar situation a few years ago.(His status went from legal to illegal.They got married and he is now a US citizen) Get married here and file AOS. Considering the circumstances, you should not leave your love. Don't leave the USA!! I will keep you in my thoughts and prayers. I hope your fiance recovers from this and you both have a happy life together. {{{HUGS}}} I am truly sorry for your situation.

[Unidentified 2,930]

I agree. Get married and file for AOS so you can stay with your fiance!

[Harmonia 211]

We don't know what to do. Also he is afraid that given how advanced the disease is after the visa is granted and we are married he could die during AOS how Would that affect me. I.e. Do I become an illegal alien and need to leave immediately?

Get married now and file for adjustment of status. Do not leave the US.

Should the worst happen and he passes, you will be allowed to stay as a permanent resident. You will not become undocumented, nor will you have to remove conditions 2 years down the road. I wish him the best and pray for a positive treatment outcome.

https://www.uscis.gov/archive/archive-news/fact-sheet-uscis-process-applications-widowers-deceased-us-citizens

Edited July 26, 2016 by Harmonia