B1 (medical) while I130 pending

[L37 0]

I received my NOA1 around Feb 20, still no NOA2. File is at National Benefits Center last I checked.

My wife needs surgery. We don't want to do it in Pakistan for a number of reasons:

1. Quality of care (many relatives from both of our families have died in hospitals there, for things that would not happen in the US, negligence, etc)

2. She doesnt have transportation to/from hospital and rehab. She will need rehab following her surgery (multiple ligaments need repair). Its not that safe for her to go on public transportation, and she has only one male relative who is young, so not much security there..

3. She has many young siblings, and hence it would be extremely difficult for her to get it (surgery, let alone rehab) done there without being a burden on everyone at home (financially, they break even each month, she put off medical treatment all this time due to costs + above points)

4. She is under my health insurance, I added her after we got married, so finances wont be an issue here.

5. Adequate transportation is available here.

6. If needed, I can get a letter from a doctor is willing to treat her here.

Given where I am (NOA1 ~Feb20, no word since), should I request a medical expedite to the CR1, or have her apply for a medical treatment visa? Or both?

I do not intend to adjust status and have no issue returning to Pakistan for the CR1 interview/whatever processes we must go through. I just dont want my wife to be in pain every day + cause more damage while waiting for the CR1

Thoughts?

[Boiler 46,895]

If she has a Visitor Visa she can just use that.

[L37 0]

She would have to apply for one

Hence, I can broaden the question:

Apply for visitor visa?

Apply for medical visa?

Expedite I-130?

Last two?

[Ryan H 3,856]

There is no such thing as a "medical treatment visa." She can apply for a visitor's visa (unlikely to be granted) or you can request an expedite (probably your best option, although there is no guarantee the expedite request would be granted).

[speedwell 224]

There is no guarantee, true, but the OP does fall under the "extreme hardship" rules if he can get a doctor to certify that the treatment she needs is not going to be realistic to get in her home country. I would advise the OP to contact his congressman's office Monday morning to request a contact with the immigration liaison to find out what is doable.

Edited April 27, 2013 by speedwell

[L37 0]

Does anyone think this may further delay the overall process?

on a related note: I have read on other threads that many congressman say nothing can be done before 5-6 months. Where/what is this 5-6 month mark? (Many threads refer to these numbers, but I don't know where the posters got it from)

[speedwell 224]

Does anyone think this may further delay the overall process?

on a related note: I have read on other threads that many congressman say nothing can be done before 5-6 months. Where/what is this 5-6 month mark? (Many threads refer to these numbers, but I don't know where the posters got it from)

The 5-6 month figure is for people complaining about a normal process taking too long, not about how to initiate an expedite request.

Expedite requests are not designed to delay the overall process, no.

[L37 0]

I was just worried that more requests = more administrative stuff = potential delay

Ill contact my representative soon