worst case scenario - help!

[Nik+Heather 121]

Can anybody tell me if there'd be any point in writing a letter to my Congressperson about the situation at this point? Or is there nothing they can do about it once it gets to the Dept of State?

You can ask them to make an inquiry but likely the only response you'll get is that they're backed up. It might get someone to actually look at your file though. What travel date did you list? Maybe that's why they're holding off on scheduling you?

If it's possible you should really reconsider holding off on the medical. If the embassy has everything they need at the interview they might issue the visa the next day and you'd have it the next day. They say 5 business days but it's usually quicker. If they've got to wait for the medical results you'll be pushing everything back by a week. Not the end of the world but if you're really in a crunch I wouldn't put anything off. Also (and I hope this doesn't happen) if something goes wrong the day of the medical, even something that seems like no big deal like slightly elevated blood pressure, you'll want time to be able to deal with that before the interview.

elevated blood pressure will keep them from clearing him for a visa?! Seriously?

Yes. It happened to us, and another couple this summer.

It delays the approval of the medical. In our case, about a month. If he went to his NHS doctor within a week and then started medication right away, probably only two weeks, but Nik elected to take a "monitor before medicate" approach. It's very easy to take care of, BUT it will cost you time.

I think the problem was spotted when you said you had sent in packet 3 in two parts? Do you mean the forms, and then later, the checklist? Or...one batch of forms and then later another form etc? Maybe you should send in the entire packet response (complete with your wedding and desired travel dates!!) again.

Also, check again with your vendors. Call them and make sure you can't reschedule (not cancel). We are still nearly 60 days away, so that reschedule window is closing...It was pretty standard for me when I asked that they accepted a reschedule and would even refund a certain amount if we canceled before 60 days.

[TayRivers 4]

Contacting a congressman will do you no good, London will just tell you and the congressman that you shound NOT have made any plans until the visa was issued. To organize and book your wedding that can not be changed is very fool hardy.

Lets all hope that everything gets sorted out in time. I would not wait until the interview date to have the medical as this will delay the issue of the visa. Spend the extra it will cost for the trip south for the medical at least a week before the interview date.

[Chica Yeyé 41]

Contacting a congressman will do you no good, London will just tell you and the congressman that you shound NOT have made any plans until the visa was issued. To organize and book your wedding that can not be changed is very fool hardy.

Lets all hope that everything gets sorted out in time. I would not wait until the interview date to have the medical as this will delay the issue of the visa. Spend the extra it will cost for the trip south for the medical at least a week before the interview date.

True. In the interview letter they usually state precisely that. Do not make plans until your visa has been approved.

[Nik+Heather 121]

Can anybody tell me if there'd be any point in writing a letter to my Congressperson about the situation at this point? Or is there nothing they can do about it once it gets to the Dept of State?

You can ask them to make an inquiry but likely the only response you'll get is that they're backed up. It might get someone to actually look at your file though. What travel date did you list? Maybe that's why they're holding off on scheduling you?

If it's possible you should really reconsider holding off on the medical. If the embassy has everything they need at the interview they might issue the visa the next day and you'd have it the next day. They say 5 business days but it's usually quicker. If they've got to wait for the medical results you'll be pushing everything back by a week. Not the end of the world but if you're really in a crunch I wouldn't put anything off. Also (and I hope this doesn't happen) if something goes wrong the day of the medical, even something that seems like no big deal like slightly elevated blood pressure, you'll want time to be able to deal with that before the interview.

elevated blood pressure will keep them from clearing him for a visa?! Seriously?

Yes. It happened to us, and another couple this summer.

It delays the approval of the medical. In our case, about a month. If he went to his NHS doctor within a week and then started medication right away, probably only two weeks, but Nik elected to take a "monitor before medicate" approach. It's very easy to take care of, BUT it will cost you time.

I think the problem was spotted when you said you had sent in packet 3 in two parts? Do you mean the forms, and then later, the checklist? Or...one batch of forms and then later another form etc? Maybe you should send in the entire packet response (complete with your wedding and desired travel dates!!) again.

Also, check again with your vendors. Call them and make sure you can't reschedule (not cancel). We are still nearly 60 days away, so that reschedule window is closing...It was pretty standard for me when I asked that they accepted a reschedule and would even refund a certain amount if we canceled before 60 days.

I should also add that it was only because it was UNDIAGNOSED high blood pressure that it was a problem. If you wanted to head any problems off at the pass without going down to London, have him get a full checkup with his local GP now, so that anything like that can be an "Oh, I know about it, and I'm getting treatment". It won't make the official medical shorter or less expensive, but hopefully no surprises!

Edited August 12, 2009 by Nik+Heather

[imaisha 0]

I should also add that it was only because it was UNDIAGNOSED high blood pressure that it was a problem. If you wanted to head any problems off at the pass without going down to London, have him get a full checkup with his local GP now, so that anything like that can be an "Oh, I know about it, and I'm getting treatment".

Yep- and get the letter from the doc ahead of time as well! Totally helped us.

[ealachan 0]

Can anybody tell me if there'd be any point in writing a letter to my Congressperson about the situation at this point? Or is there nothing they can do about it once it gets to the Dept of State?

You can ask them to make an inquiry but likely the only response you'll get is that they're backed up. It might get someone to actually look at your file though. What travel date did you list? Maybe that's why they're holding off on scheduling you?

If it's possible you should really reconsider holding off on the medical. If the embassy has everything they need at the interview they might issue the visa the next day and you'd have it the next day. They say 5 business days but it's usually quicker. If they've got to wait for the medical results you'll be pushing everything back by a week. Not the end of the world but if you're really in a crunch I wouldn't put anything off. Also (and I hope this doesn't happen) if something goes wrong the day of the medical, even something that seems like no big deal like slightly elevated blood pressure, you'll want time to be able to deal with that before the interview.

elevated blood pressure will keep them from clearing him for a visa?! Seriously?

Yes. It happened to us, and another couple this summer.

It delays the approval of the medical. In our case, about a month. If he went to his NHS doctor within a week and then started medication right away, probably only two weeks, but Nik elected to take a "monitor before medicate" approach. It's very easy to take care of, BUT it will cost you time.

I think the problem was spotted when you said you had sent in packet 3 in two parts? Do you mean the forms, and then later, the checklist? Or...one batch of forms and then later another form etc? Maybe you should send in the entire packet response (complete with your wedding and desired travel dates!!) again.

Also, check again with your vendors. Call them and make sure you can't reschedule (not cancel). We are still nearly 60 days away, so that reschedule window is closing...It was pretty standard for me when I asked that they accepted a reschedule and would even refund a certain amount if we canceled before 60 days.

We didn't send the packet 3 in two parts, no...we sent it complete once, but not recorded delivery. After 6 weeks of them saying they still hadn't rec'd anything from us, we sent it again recorded delivery. Three days after the recorded delivery one was signed for, the DOS was telling me that we were now in the system. Whether it was the first packet that was just making its way in, or the second one, I have no idea, and they can't tell me of course. They just say now that our Packet 3 was received in on July 14th and no interview date has been issued at this time. We did send a letter with the second packet 3, stating that we've planned an Oct 10th wedding and that Mark would like to be able to leave the country by Oct 3rd, but I don't know as it's done us any good.

As for vendors for the wedding - they'll happily reschedule, but any deposits we've paid are lost and we'd have to pay them again to secure new dates.

Contacting a congressman will do you no good, London will just tell you and the congressman that you shound NOT have made any plans until the visa was issued. To organize and book your wedding that can not be changed is very fool hardy.

Lets all hope that everything gets sorted out in time. I would not wait until the interview date to have the medical as this will delay the issue of the visa. Spend the extra it will cost for the trip south for the medical at least a week before the interview date.

True. In the interview letter they usually state precisely that. Do not make plans until your visa has been approved.

But you have to admit that plenty of people do it on a regular basis and it works out fine. I read about them on here every day.

[ealachan 0]

I should also add that it was only because it was UNDIAGNOSED high blood pressure that it was a problem. If you wanted to head any problems off at the pass without going down to London, have him get a full checkup with his local GP now, so that anything like that can be an "Oh, I know about it, and I'm getting treatment".

Yep- and get the letter from the doc ahead of time as well! Totally helped us.

You only need a letter from the GP if you have something you're diagnosed with, right? Mark was just at the GP a couple weeks ago and has a clean bill of health...does he need a letter stating that?

[imaisha 0]

You only need a letter from the GP if you have something you're diagnosed with, right? Mark was just at the GP a couple weeks ago and has a clean bill of health...does he need a letter stating that?

He should be fine then. If there's anything in his medical history, even if he's healthy now, he'd need a letter though. If he's going to check yes to anything on the medical form they'll want an explanation. But otherwise you're all set.

[Lansbury 19]

I don't think he's allowed to leave the US after marrying.

Of course he is, lots of people come in on the VWP and then leave afterward. I did not a problem at all.

If he stayed to adjust status as you suggest in the circumstances the OP has outlined they would nail his ####### to the barn door for sure.

Edited August 12, 2009 by Lansbury

[krystiandjon 0]

Contacting a congressman will do you no good, London will just tell you and the congressman that you shound NOT have made any plans until the visa was issued. To organize and book your wedding that can not be changed is very fool hardy.

Lets all hope that everything gets sorted out in time. I would not wait until the interview date to have the medical as this will delay the issue of the visa. Spend the extra it will cost for the trip south for the medical at least a week before the interview date.

True. In the interview letter they usually state precisely that. Do not make plans until your visa has been approved.

In our case, at about the same point you were at (8 weeks, no response, wedding getting CLOSE!), we did contact a senator we had worked with before because our case took more than 6 months at USCIS. His staffer was very understanding, sent an email to the embassy and in 3 days the embassy responded to his email with an interview date.

They're more reasonable than you think if you can actually get ahold of them.

And I don't think you're being unreasonable to think that a wedding 5 months after your NOA2 date should be attainable. Granted, things happen and if this process is anything it's unpredictable.

[rebeccajo 14]

I don't think he's allowed to leave the US after marrying.

Of course he is, lots of people come in on the VWP and then leave afterward. I did not a problem at all.

If he stayed to adjust status as you suggest in the circumstances the OP has outlined they would nail his ####### to the barn door for sure.

The OP already has a K1 in process.

If her fiance comes over now before the visa is issued and marries, then he's not eligible for a K1.

[Gemmie 142]

Of course he is, lots of people come in on the VWP and then leave afterward. I did not a problem at all.

If he stayed to adjust status as you suggest in the circumstances the OP has outlined they would nail his ####### to the barn door for sure.

Again, you're on a spousal visa, and the OP is on a fiancee visa.

I'm not suggesting he apply for AOS after marrying on the VWP, I'm suggesting they not marry (officially or unofficially) until they have that visa.

[Lansbury 19]

I don't think he's allowed to leave the US after marrying.

Of course he is, lots of people come in on the VWP and then leave afterward. I did not a problem at all.

If he stayed to adjust status as you suggest in the circumstances the OP has outlined they would nail his ####### to the barn door for sure.

The OP already has a K1 in process.

If her fiance comes over now before the visa is issued and marries, then he's not eligible for a K1.

of course he isn't but it doesn't stop him from doing it. The question asked was - was it possible for him to come get married and leave - it is. No question was asked about the ramifications of doing so which you would expect the OP to research before making a decision.

It isn't possible to stay and adjust because it would be blindly obvious he had misused the VWP if he tried to go that far.

[Chica Yeyé 41]

I don't think he's allowed to leave the US after marrying.

Of course he is, lots of people come in on the VWP and then leave afterward. I did not a problem at all.

If he stayed to adjust status as you suggest in the circumstances the OP has outlined they would nail his ####### to the barn door for sure.

The OP already has a K1 in process.

If her fiance comes over now before the visa is issued and marries, then he's not eligible for a K1.

of course he isn't but it doesn't stop him from doing it. The question asked was - was it possible for him to come get married and leave - it is. No question was asked about the ramifications of doing so which you would expect the OP to research before making a decision.

It isn't possible to stay and adjust because it would be blindly obvious he had misused the VWP if he tried to go that far.

Indeed I think this is what upsets most people. They have a K-1 process, and knowingly plan to come in with the VWP, get married, etc.... that is fvcked up. Follow the damn rules. That is not only morally reprehensible, it is visa fraud.

[Nik+Heather 121]

I don't think he's allowed to leave the US after marrying.

Of course he is, lots of people come in on the VWP and then leave afterward. I did not a problem at all.

If he stayed to adjust status as you suggest in the circumstances the OP has outlined they would nail his ####### to the barn door for sure.

The OP already has a K1 in process.

If her fiance comes over now before the visa is issued and marries, then he's not eligible for a K1.

of course he isn't but it doesn't stop him from doing it. The question asked was - was it possible for him to come get married and leave - it is. No question was asked about the ramifications of doing so which you would expect the OP to research before making a decision.

It isn't possible to stay and adjust because it would be blindly obvious he had misused the VWP if he tried to go that far.

Indeed I think this is what upsets most people. They have a K-1 process, and knowingly plan to come in with the VWP, get married, etc.... that is fvcked up. Follow the damn rules. That is not only morally reprehensible, it is visa fraud.

What they are asking about isn't fraud though, Len....If he comes here and they get married legally, then they will have to start over with the spouse visa. If he comes over here and they have a ceremony on the date they want but do not fulfil the requirements to become legally married and he goes back, that's not fraud either.

The option (I use the term loosely) of coming here on VWP for a wedding ceremony (legally binding or not) is NOT visa fraud if he intends to return home when it's over, but as has been pointed out by many people, it is a risky proposition not only for the opportunity for the ceremony to be misrepresented, but denial of entry, delay of visa etc. are all real possible consequences.

I don't believe it was ever the intent of the couple for him to stay after the wedding and adjust status. That is wrong, we can all agree, but it just isn't the case here.