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B1 (medical) while I130 pending

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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?

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


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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).


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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 by speedwell

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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)

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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.


I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

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