in law is sick can we expedite to uscis?

[Zflores 0]

Hi everyone, just a quick question my mother in law has a Colon Cancer and shes kinda weak already She's living with my husband because he is the only family that she has. She will undergo surgery by next week and she really wanted to see her only grandchild who is here in the Philippines with me. My husband's dad died of the same reason and he needs to take care of his mom and might lose his job bcoz of that.so my question is this a valid reason to expedite our cr1 visa ?were still waiting for NOA2. i hope u guys can help me. thank u

[geowrian 22,339]

I'm sorry to hear about your MIL's condition.

 

You can try to expedite, but generally they do not consider the medical condition of a family member (i.e. not the petitioner or beneficiary) as a sufficient expedite condition. The expedite would need to be done at USCIS for the I-130, then another one is needed once the approved petition is at NVC.

 

An expedite will usually still takes several weeks (assuming no RFEs), and then still needs to be sent to the embassy and undergo their processing, the medical, the interview, etc. If the goal was to have her with a visa by next week, that's just not feasible. It would still take several weeks at a bare minimum.

 

Getting/Using a tourist visa may be another option, but the odds are low since she has a pending I-130 for a USC spouse (and PH is not easy to get a tourist visa from normally). But if she has sufficient ties then it's an option to consider (albeit it still won't be possible to enter by next week unless she already has a tourist visa).

[A'n'L 735]

It's worth a try. Focus on the hardship to the USC petitioner, both emotional/practical (being alone with dying mother, wanting to introduce wife and child to parent) and financial (need wife's income if he loses his job due to caring for ill mother).

 

If not successful, focusing on the need to accompany the grandchild to see a dying grandparent might help a tourist visa application. Not sure though.

[Boiler 47,536]

Is the child a USC?

[Zflores 0]

Our daughter is a US citizen but she's only 8 months old. Can't try tourist visa coz they will ask for strong ties. 

[Zflores 0]

Should we include my husband's expenses? Coz it can be a proof that if that happens we'll suffer financial hardship for he needs to shoulder her mom's expenses too for her mom is only getting 800$ pension

[A'n'L 735]

1 hour ago, Zflores said:

Should we include my husband's expenses? Coz it can be a proof that if that happens we'll suffer financial hardship for he needs to shoulder her mom's expenses too for her mom is only getting 800$ pension

Yes, absolutely do this.

 

1 hour ago, Zflores said:

Our daughter is a US citizen but she's only 8 months old. Can't try tourist visa coz they will ask for strong ties. 

Trying never hurts.

[JFH 12,195]

What about your sponsorship? I understand he needs to take care of his mother but if he loses his job (as you suggested he could), do you have a joint sponsor in place? 

 

Whilst I have sympathy for your situation, realistically it's unlikely to bring about an expedite. Death is the only certainty in life. My husband lost both parents whilst we were on a long-distance marriage. We all lose family members at some point. 

[Zflores 0]

hI jhf. we have a co sponsor and she's ready to sign and provide all the docs. needed. can this case fall for emergency and go through extreme hardship or financial loss?

 

[pushbrk 13,639]

I would have your husband consult with the local office of his State's senior US Senator, to assist with the expedite.  With their help it is actually possible to get a temporary visa, while you await the processing of the CR1.  I've only seen this happen when the Petitioner had a problem that required his foreign wife's care but considering the impact to the petitioner of potentially losing his job etc. it might work.  It's worth a try.  Without the Senator's office helping, the chances are pretty slim of getting any meaningful expedite from both USCIS and NVC.

[Boiler 47,536]

I would focus on your close relationship with your MIL and wanting to be there to be with her in her last days. Evidence the time you have spent together etc etc.

[Zflores 0]

thank you everyone. i will let him know right away. this gives us an idea. my husband is very overwhelmed with all thats going on with him right now. he lost his dad like 9 years ago from the same reason and lost his only brother. if he lost his mom he will be alone. it brings him psychological hardship. and whats add up to his hardship is that me and his daughter is far from him. and he never seen his daughter since she was born. its hard on my part to see my husband suffering from this. so i want to help him. 

 

[pushbrk 13,639]

If your husband is busy and overwhelmed, it might be helpful to ask his Priest or Clergyman to take the lead in dealing with the Senator's Office etc.

[Zflores 0]

is asking for case assistance to a senator can make our case strong?can it help?

[Boiler 47,536]

15 minutes ago, Zflores said:

is asking for case assistance to a senator can make our case strong?can it help?

No