Jump to content
JourneyTogether

Expediting I-130 for beneficiary's medical reason?

29 posts in this topic

Recommended Posts

My wife received a letter from her US doctor (she is stuck abroad rn and I'm the USC) that she needs to come in asap to screen for cancer. Would this be something we can raise to USCIS for an expedite on our case? I understand that I need to prove a burden on me if the case is not expedited, but I'm worried that if we raise this point, USCIS might think of my wife as a medical burden to the US and actually harm her visa application? (We will be able to prove that we can get medical insurance or pay for her treatments out of pocket IF the screen shows adverse results.)

Share this post


Link to post
Share on other sites
11 minutes ago, JourneyTogether said:

My wife received a letter from her US doctor (she is stuck abroad rn and I'm the USC) that she needs to come in asap to screen for cancer. Would this be something we can raise to USCIS for an expedite on our case? I understand that I need to prove a burden on me if the case is not expedited, but I'm worried that if we raise this point, USCIS might think of my wife as a medical burden to the US and actually harm her visa application? (We will be able to prove that we can get medical insurance or pay for her treatments out of pocket IF the screen shows adverse results.)

Sorry to hear about the situation.  Cancer screening (or even treatment) for a beneficiary are not reasons for expedite.

 

Not only that, but I have a feeling you do not fully understand what the out of pocket costs for cancer treatments could be.  A cancer treatment for someone without insurance can result in loss of property, bankruptcy, etc.  It can cost millions of dollars.

Share this post


Link to post
Share on other sites
Just now, Jorgedig said:

Not only that, but I have a feeling you do not fully understand what the out of pocket costs for cancer treatments could be.  A cancer treatment for someone without insurance can result in loss of property, bankruptcy, etc.  It can cost millions of dollars.

Thank you. I understand it can potentially be a huge amount which is why I'm wondering if we can prove that we can get medical insurance for her, would that suffice?

Share this post


Link to post
Share on other sites
Just now, JourneyTogether said:

Thank you. I understand it can potentially be a huge amount which is why I'm wondering if we can prove that we can get medical insurance for her, would that suffice?

No.  It is not just the public charge issue here; it is that cancer screening for an alien beneficiary is not grounds to expedite a visa.

Share this post


Link to post
Share on other sites
1 minute ago, JourneyTogether said:

Thank you. I understand it can potentially be a huge amount which is why I'm wondering if we can prove that we can get medical insurance for her, would that suffice?

School now cancer as the reasons for expediting.... It seems like you are trying everything you can to bring here ASAP.

Share this post


Link to post
Share on other sites
1 minute ago, Cyberfx1024 said:

School now cancer as the reasons for expediting.... It seems like you are trying everything you can to bring here ASAP.

Yes, we knew about school but just got the note from her doctor yesterday which is causing both of us a lot of distress. Aren't we all trying to be with our spouse ASAP?

Share this post


Link to post
Share on other sites
2 minutes ago, Cyberfx1024 said:

School now cancer as the reasons for expediting.... It seems like you are trying everything you can to bring here ASAP.

LOL, good catch.

 

OP, waiting your turn in line is part of the deal here.  And like others tried to point out in your other thread,  grounds for expediting is based on impact on the USC, not the alien spouse.

Share this post


Link to post
Share on other sites
1 minute ago, JourneyTogether said:

Yes, we knew about school but just got the note from her doctor yesterday which is causing both of us a lot of distress. Aren't we all trying to be with our spouse ASAP?

Distress?  Why?  Screening is routine.  If she got notice of time for a mammo or colonoscopy, that is a function of her doctor's office's schedule keeping and nothing more.

 

Not only that, but whatever screening she needs can be done in her country.

Share this post


Link to post
Share on other sites
1 minute ago, Jorgedig said:

Distress?  Why?  Screening is routine.  If she got notice of time for a mammo or colonoscopy, that is a function of her doctor's office's schedule keeping and nothing more.

 

Not only that, but whatever screening she needs can be done in her country.

Without too much details on a public forum, it's a bioposy for a previously abnormal test result. So it's less routine than a mammo. And yes I understand that it might not be grounds to expedite our case, which we are fine with, because I will be with her no matter where she is if she indeed needs treatment. But I will be able to care for her better in the US, so we want to try to expedite. My main concern is raising the potential medical issue with USCIS will kill her chance of getting here due to public charge. Whether the expedition is approved or not is not the main concern rn...

Share this post


Link to post
Share on other sites
1 minute ago, JourneyTogether said:

Without too much details on a public forum, it's a bioposy for a previously abnormal test result. So it's less routine than a mammo. And yes I understand that it might not be grounds to expedite our case, which we are fine with, because I will be with her no matter where she is if she indeed needs treatment. But I will be able to care for her better in the US, so we want to try to expedite. My main concern is raising the potential medical issue with USCIS will kill her chance of getting here due to public charge. Whether the expedition is approved or not is not the main concern rn...

Again, can be done in her country, and not grounds to expedite an immigrant visa.  Sorry.

 

If she needs treatment, that may be another story altogether, but again:  they look at impact to the USC, not the alien fiancé when adjudicating hardship.

Share this post


Link to post
Share on other sites

 

As was advised on your "expedite for school reasons" thread last week, you can try for an expedite but don't hold out hope on it being approved. 

It likely will not.

 

5 minutes ago, JourneyTogether said:

My main concern is raising the potential medical issue with USCIS will kill her chance of getting here due to public charge.

Not necessarily.  Depends on different factors.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
4 minutes ago, Going through said:

 

Not necessarily.  Depends on different factors.

Got it, thank you, this is the answer I'm looking for. I understand that our situation might very likely not lead to an expedition, but I want to make sure that if we still decide to ask, the request itself won't put her in a position as public charge, whether the expedition is approved or not. 

Edited by JourneyTogether

Share this post


Link to post
Share on other sites
3 minutes ago, JourneyTogether said:

Got it, thank you, this is the answer I'm looking for. I understand that our situation might very likely not lead to an expedition, but I want to make sure that if we still decide to ask, the request itself won't put her in a position as public charge, whether the expedition is approved or not. 

Asking for an expedite/being refused an expedite is not going to automatically ruin her chances for getting a CR-1 approved, if that's what you were asking.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
10 minutes ago, Going through said:

Asking for an expedite/being refused an expedite is not going to automatically ruin her chances for getting a CR-1 approved, if that's what you were asking.

No - I was wondering about asking for an expedite with her medical being the main reason (and the burden on me). I don't know if USCIS will look at the expedite request and automatically categorize her as public charge, whether USCIS approves the request or not.

Share this post


Link to post
Share on other sites
6 minutes ago, JourneyTogether said:

No - I was wondering about asking for an expedite with her medical being the main reason (and the burden on me). I don't know if USCIS will look at the expedite request and automatically categorize her as public charge, whether USCIS approves the request or not.

At the visa interview, the officer making the decision to approve or not will consider all factors, including your financial situation and her medical exam.  An expedite request, approved or not, will not make a difference in my opinion.  They consider the totality of the circumstances in making the public charge determination, and yes, her health and potential costs in the US will be considered especially if the test result is positive and she undergoes treatment abroad before immigrating.  If your insurance allows you to enroll her after marriage with pre-existing conditions you might be okay.  As others have said, don't count on an expedite being approved because the hardship to you the petitioner will be difficult to prove with documents.  Good luck!

Edited by carmel34

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...