Father is sick

[Jblack 1]

Does anyone ok if it's possible for mr to file for a hardship or anything to help get my wife to the US. I found out my father has cancer in November. At that time the doctor said it was stage 2. He was scheduled to have it removed this next Monday. Well they now said it is more aggressive and in his lymph nodes so that means it is not at stage 4. He will be started on 4 different types of kemo. In around 10 days. 

 

I will be heartbroken if my wife never get to meet my father in person. Is there anything I can do so that she can come and at least meet my father in case he does not make it? I was hoping she could meet him before he has the kemo but I know that is probably not possible. However to not have them meet only because of paperwork seems cruel to me. There has to be someone that can help. 

 

Thanks for your time and help in advance. Oh and I filed our I-130 06-22-18 and it went to Nebraska.

[Ben&Zian 4,397]

She can attempt to get a tourist visa and visit....

 

You can try to file an expedite on grounds of hardship and supply medical stuff to back it up, but ultimately it will be decided by USCIS and all. 

 

Doesn't hurt to try.

[Crazy Cat 39,218]

You can try for an expedite, but it won't allow her to travel to the US immediately.......only a tourist visa would allow that.......which would be probably be difficult to get.  I don't think this meets the definition of hardship....

[Unlockable 7,306]

Has she ever tried for a tourist visa? She can apply for a tourist visa to see if she can obtain one.

 

As per what you can do for her case, you can attempt to ask for an expedite. however, there are specific guidelines on emergency criteria for expediting. Basically the emergency would have to deal with you or your wife (medical reasons for example). But you can submit a request to expedite. Also keep in mind that expedites require some time to be processed also. They are not an immediate decision.

 

Best of luck to you and hope things work out.

[Jblack 1]

She had a tourist visa before. That is how we met. She went back to try and change to a student visa. When she did that they dined her student visa and revoked her tourist visa. That is what started our journey. 

 

Would I just call USCIS and talk to them about possibly getting a hardship?

 

Someone told me to have her file for a humanitarian visa with the  consulate in Panama. She is a Venezuela citizen but has legal residence in Panama.

[Boiler 43,430]

From my understanding an expedite would be more compelling where the person is somebody she knows has a strong relationship with, no harm trying but I would not get your hopes too high.

[Jblack 1]

16 hours ago, Boiler said:

From my understanding an expedite would be more compelling where the person is somebody she knows has a strong relationship with, no harm trying but I would not get your hopes too high.

Do you know if it would be possible to apply for a humanitarian visa? 

[Boiler 43,430]

I assume it would be possible but there would be the same issues.

[carmel34 3,529]

21 hours ago, Jblack said:

Someone told me to have her file for a humanitarian visa with the  consulate in Panama. She is a Venezuela citizen but has legal residence in Panama.

You're probably thinking about asylum, and that would be difficult since she is living in Panama, not in Venezuela where all the problems are right now.  What would be the basis for asylum or humanitarian expedite?  A sick father-in-law does not seem to be a strong reason for an expedite for her, since she herself is not sick.  You are not sick.  Expedites are typically only approved for reasons affecting the petitioner.  Sounds like you just want to be together faster, that's not enough to get an expedite approved.  

Edited February 5, 2019 by carmel34
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[Jblack 1]

9 hours ago, carmel34 said:

You're probably thinking about asylum, and that would be difficult since she is living in Panama, not in Venezuela where all the problems are right now.  What would be the basis for asylum or humanitarian expedite?  A sick father-in-law does not seem to be a strong reason for an expedite for her, since she herself is not sick.  You are not sick.  Expedites are typically only approved for reasons affecting the petitioner.  Sounds like you just want to be together faster, that's not enough to get an expedite approved.  

No it's not at all that I want her faster. It's the fact that my father in all likelihood will not survive the cancer. I want my wife to meet my father before he passes on. I don't care if she can only come for a day or 2. For you even to suggest that I would use my father's sickness as an excuse to get my wife here fast is ridiculous. It's sad to me that you automatically assume that.

[carmel34 3,529]

17 minutes ago, Jblack said:

No it's not at all that I want her faster. It's the fact that my father in all likelihood will not survive the cancer. I want my wife to meet my father before he passes on. I don't care if she can only come for a day or 2. For you even to suggest that I would use my father's sickness as an excuse to get my wife here fast is ridiculous. It's sad to me that you automatically assume that.

I was simply giving advice based on the USCIS policy, that an expedite for "emergency" reasons, that would be the basis of your claim, is normally only considered when the petitioner is gravely ill.  That is directly from the USCIS handbook.  The reason I know this is because I looked into a USCIS expedite for my husband for similar reasons, my Mom is 92 and gravely ill.  I really want him to meet her before she passes.  But all the research I did, including consulting with immigration attorneys and reviewing all the relevant Visa Journey posts on the subject about I-130 expedite requests, successful and unsuccessful, were clear--they are only approved based on the "emergency" criterion when the petitioner is experiencing an emergency.  Not a family member of the petitioner.  I was just trying to give you sound advice based on a lot of research.  I realize that it was not what you wanted to hear, and I apologize for my comment.  We all want our spouses to get here as soon as possible for all kinds of reasons.  If you doubt my advice, read the USCIS manual on expedites, link here:   https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html