Waiting on EAD/AP after a K1 marriage but need to travel home to sick mother

[Lorna&Alex 104]

Unfortunately I just received news yesterday that my mum has lung cancer. I just moved here in June and got married in July on a K1 visa. We applied for AP/EAD/AOS a few weeks ago and we revived our NOA1s last week. After finding out the devastating news yesterday, I rushed down to the field office in Philadelphia and asked for an emergency appointment.  They gave me an emergency appointment and I asked for an emergency travel stamp so I can go home and see my mum and spend time with my family during this difficult time. Unfortunately the immigration officer Denied my request for the emergency travel stamp as she didn’t deem the cancer as an emergency yet because we don’t know what stage it’s at yet. However, she did request to expedite our  current AP and I should should hear back in 10 business days if they accept or deny the expedite. If they do deny it then she said at that point she will give me an emergency travel stamp to go home and spend some time with my mum for about 3-4 weeks. The other option would be to just to abandon this part of the process completely - EAD/AP/AOS and just jump on a flight and go home now. Obviously that would mean I couldn’t get back into the US on my K1 visa as it’s a 1-time entry but my husband could then sponsor me for a CR1 and we would just wait for that to process and I would come back to the US after the year or so. I guess what I’m asking is if anyone has any experince with just abandoning the K1/AOS process and then applying for a CR1 afterwards ?

 

thank you!! 

[AshMarty 360]

11 minutes ago, Lorna&Alex said:

Unfortunately I just received news yesterday that my mum has lung cancer. I just moved here in June and got married in July on a K1 visa. We applied for AP/EAD/AOS a few weeks ago and we revived our NOA1s last week. After finding out the devastating news yesterday, I rushed down to the field office in Philadelphia and asked for an emergency appointment.  They gave me an emergency appointment and I asked for an emergency travel stamp so I can go home and see my mum and spend time with my family during this difficult time. Unfortunately the immigration officer Denied my request for the emergency travel stamp as she didn’t deem the cancer as an emergency yet because we don’t know what stage it’s at yet. However, she did request to expedite our  current AP and I should should hear back in 10 business days if they accept or deny the expedite. If they do deny it then she said at that point she will give me an emergency travel stamp to go home and spend some time with my mum for about 3-4 weeks. The other option would be to just to abandon this part of the process completely - EAD/AP/AOS and just jump on a flight and go home now. Obviously that would mean I couldn’t get back into the US on my K1 visa as it’s a 1-time entry but my husband could then sponsor me for a CR1 and we would just wait for that to process and I would come back to the US after the year or so. I guess what I’m asking is if anyone has any experince with just abandoning the K1/AOS process and then applying for a CR1 afterwards ?

 

thank you!! 

This is devastating news, I am so sorry to hear you have to go through this. I don't have any advice but I want to wish you and your family the best.

 

Good luck with everything. I hope everything works out and you will get to visit soon. 

Edited August 24, 2018 by AshMarty

[Wuozopo 4,293]

My wife has some advice----

 

Hello dear one. When you first hear the cancer word, you panic. I did. But then you come to realize Mum isn't going to die tomorrow or this month or before Christmas. There's lots of treatments that work. You don't have to abandon all you waited on and dreamed about. Take some time to cry a lot and let the news settle in. Talk often and let the expedite have a chance. Get comfortable with the word cancer. It's hard for some people to even utter. It's part of your life now, but so is a new husband, so think it all over rationally and try to do the best for both people you love. Blessings to you and your Mum. 

[Ontarkie 14,268]

~~Moved to working and Traveling, from K1 P&P- The OP is past the K1 visa stage and is asking about AP.~~

[Dashinka 24,579]

My wife had a similar issue happen recently with her mother.  She found out she most likely had a minor stroke.  Since they are still trying to determine the severity of the stroke, she decided to wait to see before jumping on a plane.  Of course her situation is different as she is not awaiting a travel document, but like @Wuozopo ‘s suggested, take a deep breathe before you make any lasting decisions.

 

I certainly hope for the best for your mother.

 

 

[Unidentified 2,930]

On 8/24/2018 at 3:23 PM, Lorna&Alex said:

Unfortunately I just received news yesterday that my mum has lung cancer. I just moved here in June and got married in July on a K1 visa. We applied for AP/EAD/AOS a few weeks ago and we revived our NOA1s last week. After finding out the devastating news yesterday, I rushed down to the field office in Philadelphia and asked for an emergency appointment.  They gave me an emergency appointment and I asked for an emergency travel stamp so I can go home and see my mum and spend time with my family during this difficult time. Unfortunately the immigration officer Denied my request for the emergency travel stamp as she didn’t deem the cancer as an emergency yet because we don’t know what stage it’s at yet. However, she did request to expedite our  current AP and I should should hear back in 10 business days if they accept or deny the expedite. If they do deny it then she said at that point she will give me an emergency travel stamp to go home and spend some time with my mum for about 3-4 weeks. The other option would be to just to abandon this part of the process completely - EAD/AP/AOS and just jump on a flight and go home now. Obviously that would mean I couldn’t get back into the US on my K1 visa as it’s a 1-time entry but my husband could then sponsor me for a CR1 and we would just wait for that to process and I would come back to the US after the year or so. I guess what I’m asking is if anyone has any experince with just abandoning the K1/AOS process and then applying for a CR1 afterwards ?

 

thank you!! 

Today it is exactly 3 years since I lost my father to cancer and I was also waiting for my AOS.  I do not think you should abandon your K1.

 

What you need to do is take a deep breath. Have they done a biopsy to see what stage she is in? If it's bad you can request a letter from her doctor with diagnosis and prognosis and return to the local office and request an emergency travel. They won't give you one without evidence of her condition. You also need to bring 2 passport photos. 

 

 

[Unidentified 2,930]

On 8/24/2018 at 5:31 PM, Wuozopo said:

My wife has some advice----

 

Hello dear one. When you first hear the cancer word, you panic. I did. But then you come to realize Mum isn't going to die tomorrow or this month or before Christmas. There's lots of treatments that work. You don't have to abandon all you waited on and dreamed about. Take some time to cry a lot and let the news settle in. Talk often and let the expedite have a chance. Get comfortable with the word cancer. It's hard for some people to even utter. It's part of your life now, but so is a new husband, so think it all over rationally and try to do the best for both people you love. Blessings to you and your Mum. 

 

This is crappy advice because it is not true for everyone.