Interview pending but currently visiting my wife in usa

[rsvandroid 0]

I have my interview pending in London next month but my wife has just had an operation and my daughter needs to see a back specialist in Cleveland. I have been in usa visiting my wife and daughter so is there anyway for me not to have to return to the uk as i cant stand the thought of being away from them plus the cost of flights?

Edited September 8, 2016 by rsvandroid

[canadian_wife 1,785]

Because you posted this in the "family members of permanent residents" forum, can I assume your wife is a permanent resident and not a citizen?

Good luck

[rsvandroid 0]

Because you posted this in the "family members of permanent residents" forum, can I assume your wife is a permanent resident and not a citizen?

Good luck

Because you posted this in the "family members of permanent residents" forum, can I assume your wife is a permanent resident and not a citizen?

Good luck

Yes she is a permanent resident

[Cathi 5,609]

No, you must go back for your interview because your wife is not a citizen, spouses of LPRs cannot adjust status. If you were here only to visit then why didn't you have a round trip flight? Were you planning to stay? If not you knew there would be the cost of a ticket back

Edited September 8, 2016 by mimolicious

[JFH 12,189]

Have you contacted them to arrange a later interview date? It can be postponed if necessary.

I don't understand what you mean by the cost of the flights? Were you planning to stay all along? Surely you have a return ticket anyway? So you fly back on the ticket you have and you only need to buy one more ticket to go back after the visa has been issued.

You can't stay just because flights are more expensive than you'd like them to be.

[Harpa Timsah 13,258]

If your priority date is current you CAN file to adjust status. But it costs $1070 plus a medical ($200ish). With the cost of flights probably ends up a wash, but going to your interview makes you a permanent resident much sooner. Good luck.

[Cathi 5,609]

Have you contacted them to arrange a later interview date? It can be postponed if necessary.

I don't understand what you mean by the cost of the flights? Were you planning to stay all along? Surely you have a return ticket anyway? So you fly back on the ticket you have and you only need to buy one more ticket to go back after the visa has been issued.

You can't stay just because flights are more expensive than you'd like them to be.

This is exactly what I said above! Sounds to me like he assumed he could come and get away with adjusting status. Just my 2 cents.

[JFH 12,189]

This is exactly what I said above! Sounds to me like he assumed he could come and get away with adjusting status. Just my 2 cents.

Great minds think alike. I didn't see your post when I posted but I agree. Sounds like this was the plan all along otherwise the flight costs would already have been budgeted for.

OP, don't you have to go back to pack up your belongings, hand back keys to your landlord, etc? If you do adjust status, it will be a few months before you can leave to do all of those things you need to do when you move far away.

Edited September 8, 2016 by JFH

[JFH 12,189]

Also wanted to add, if you do go back, it's for a few weeks tops. Go back just before the medical, have the interview 5 days later and visa will be in hand about 7 days later.

It's not like you have to come back here and leave your wife and child for months. If you've made it this far with the separation, you can manage a few weeks.

Edited September 8, 2016 by JFH

[Harpa Timsah 13,258]

He can adjust status, so there is nothing to "get away with." He has to pay more and wait longer, but he can do it. His wife is in the hospital; have some heart.

[Mollie09 1,543]

He can adjust status if his PD is current, otherwise he can't and if he overstays won't be forgiven as he is not the IR of a USC.

[rsvandroid 0]

He can adjust status, so there is nothing to "get away with." He has to pay more and wait longer, but he can do it. His wife is in the hospital; have some heart.

Thank you for being understanding which is more than some have.

I have a 14yr old daughter who has been diagnosed with possible tarlov cysts on her back which are very rare and can cause major problems. So now you understand why I am reluctant to go back for all those who think I am trying to play the system.

[Harpa Timsah 13,258]

Thank you for being understanding which is more than some have.

I have a 14yr old daughter who has been diagnosed with possible tarlov cysts on her back which are very rare and can cause major problems. So now you understand why I am reluctant to go back for all those who think I am trying to play the system.

Yes, I understand completely. I figured you wanted to know if you could "have your interview" in the US instead of going back to the UK just to come back, which I am sure right now seems like the last place you should be. It's not exactly like that but there is something you can do to stay here.

If your PD is current and your petition is approved (they must be if you are scheduled for an interview), and you are in the US, you can file for Adjustment of Status (form I-485, look it up). It is inferior in many ways for you, it costs more, it would take longer for you to be able to work (assuming your interview is soon and you'd get the visa soon thereafter), but you could stay here. You'd have to have it accepted by USCIS before your VWP time is up; any overstay would make you ineligible. Once they accept the package you would be in a new period of authorized stay and you could stay until a decision is made on it (assume approval). If you do this you also won't be able to leave (or you'd forfeit the application) until you get a temporary travel permission which takes about 90 days to get (once you get the Greencard you don't need this permission anymore).

Or you could proceed with your interview in the UK, then get the visa and when you land you'd be a PR with the ability to work. It depends on what is most important to you now.

Best of luck, and I wish everyone in your family good health.

Edited September 8, 2016 by Harpa Timsah

[rsvandroid 0]

Yes, I understand completely. I figured you wanted to know if you could "have your interview" in the US instead of going back to the UK just to come back, which I am sure right now seems like the last place you should be. It's not exactly like that but there is something you can do to stay here.

If your PD is current and your petition is approved (they must be if you are scheduled for an interview), and you are in the US, you can file for Adjustment of Status (form I-485, look it up). It is inferior in many ways for you, it costs more, it would take longer for you to be able to work (assuming your interview is soon and you'd get the visa soon thereafter), but you could stay here. You'd have to have it accepted by USCIS before your VWP time is up; any overstay would make you ineligible. Once they accept the package you would be in a new period of authorized stay and you could stay until a decision is made on it (assume approval). If you do this you also won't be able to leave (or you'd forfeit the application) until you get a temporary travel permission which takes about 90 days to get (once you get the Greencard you don't need this permission anymore).

Or you could proceed with your interview in the UK, then get the visa and when you land you'd be a PR with the ability to work. It depends on what is most important to you now.

Best of luck, and I wish everyone in your family good health.

I think the only real option I have to go back for the interview which is in October so as much as I don't want to I haven't really got any other options I can do. Thanks very much for your help and understanding

Andrew

[Harpa Timsah 13,258]

I think the only real option I have to go back for the interview which is in October so as much as I don't want to I haven't really got any other options I can do. Thanks very much for your help and understanding

Andrew

Hopefully you'll be back here before you know it. Good luck.