Family Emergency in US

[ludgator 1]

Hello everyone. 

 

This is my first VJ post and so apologies if I'm posting in the wrong place.

 

My wife (USC) and I (UK citizen) filed a DCF for a CR1 visa via the London Embassy earlier this year. The application is still in process and I just had my medical on October 16th 2020. Now, I am waiting to schedule my interview at the embassy in London.

 

On the morning of 10/18/20, we received news that my mother-in-law had suffered a serious cerebral hemorrhage in Los Angeles. My wife and I got on the next flight from the UK to LA to be with her. Sadly, my mother-in-law passed away on the morning of 10/23/20.

My wife and I are taking time to process the sudden loss of her mother. Currently, I am in the US on an ESTA (which is good up to 3 months, return flight in early December to the UK booked during the rush to get here) but we would very much like the peace of mind that I am able to remain in the US long term.

I am happy to return to the UK to attend an interview, but as I'd be coming from the US, I must self-isolate for 2 weeks upon my return. Accounting for this and the time it takes for me to receive my passport back via courier, it's likely I would be away from my wife for at least 1 month which would break my heart in this difficult time.

Given the circumstances, is it possible to move the location of my interview to Los Angeles? Or elsewhere in the US?

 

If yes, would this significantly push back my approval time given that we filed through DCF?

 

I just reached out to the embassy in London but I'm unsure if/when they will get back to me. 

 

I really just want to be here for my wife during this emotional and stressful period of her life.

 

Any help would be greatly appreciated.

 

 

 

 

[aaron2020 11,651]

Condolences.

You can not move your interview to the US since it's not possible to get an immigrant visa inside the US.

 

Here are your two choices.

 

1.  Go back and get an immigrant visa.  Upon entering the US with your immigrant visa, you will get a green card.  The green card allows you to work and travel internationally and being able to return to the US.

 

2.  File for an Adjustment of Status in the US.  This involves another $1200+.  You would need to wait about 6-8 months for an EAD to legally work and AP to legally return to the US without abandoning your AOS application if you travel internationally.  Then, expect 12-18 months for a green card interview.

IMHO, I would return to the UK for the visa interview.  

Edited October 25, 2020 by aaron2020

[ludgator 1]

Thanks Aaron.

 

I did think this may be the case.

 

Do you happen to know how often or the time of day that new interview appointments become available at the embassy? The only current available ones are for next week but they appear sporadic and are most likely cancellations. Is it just a case of constantly checking the website everyday? 

 

On a separate note: I also know that healthcare enrollment launches next week. If I were to miss the enrollment window due to my visa not being processed in time, would I able to enrollment under special circumstances?

[JFH 12,190]

I am sorry to hear this. It must be a very difficult time for you. 
 

As already stated, you have two options (neither of which is moving your interview to LA as visa interviews are only held outside the USA).

 

- you can return to the UK, complete your isolation, go to your interview, receive your passport about a week later, tie up all affairs in the UK and hop on the next available flight back to your wife. 
 

- as you are the spouse of a USC and entered legally you can adjust status inside the US now that you are here. This means a whole bunch of paperwork and fees and you would not be able to leave the country for many months - I’m guessing as you came here in such a rush you probably have stuff to sort out back in the UK, property to sell, car, tenancy to end, keys to return, belongings to pack and ship, bank accounts, pensions etc to transfer. You also won’t be able to work for many months. Whilst this does have the benefit that you and your wife remain together in the same location, is a whole raft of paperwork, fees and not being able to tie up matters in the U.K. something that you are your wife want to be dealing with at this time? Can you afford it? The mental and financial load is huge. 
 

Only you can make the right decision for yourselves. You know your situation better than any of us. Personally, I’d go with option 1 but it’s not me that’s doing this. 
 

Good luck with whichever option you choose. 

Edited October 25, 2020 by JFH

[Boiler 45,657]

Do you have commitments that require your return to the UK.

[JFH 12,190]

Just now, ludgator said:

Thanks Aaron.

 

I did think this may be the case.

 

Do you happen to know how often or the time of day that new interview appointments become available at the embassy? The only current available ones are for next week but they appear sporadic and are most likely cancellations. Is it just a case of constantly checking the website everyday? 

 

On a separate note: I also know that healthcare enrollment launches next week. If I were to miss the enrollment window due to my visa not being processed in time, would I able to enrollment under special circumstances?

Keep checking the London embassy website daily. A few times a day. Appointments are released and cancellations are popping up all the time. Keep on it. 
 

Yes, immigration is a qualifying event to enroll in a healthcare plan outside of enrollment. 

[ludgator 1]

1 minute ago, Boiler said:

Do you have commitments that require your return to the UK.

I have a full-time job but my work has been very compassionate with time off given everything thats happen.

 

2 minutes ago, JFH said:

Keep checking the London embassy website daily. A few times a day. Appointments are released and cancellations are popping up all the time. Keep on it. 
 

Yes, immigration is a qualifying event to enroll in a healthcare plan outside of enrollment. 

Thank you JFH. You've provided me with such peace of mind. It'll be tough being apart for that month or so but it will be worth it in the long run.

[SalishSea 17,920]

32 minutes ago, ludgator said:

I have a full-time job but my work has been very compassionate with time off given everything thats happen.

 

Thank you JFH. You've provided me with such peace of mind. It'll be tough being apart for that month or so but it will be worth it in the long run.

Staying and adjusting now has major drawbacks: you will not be permitted to work, even remotely for a UK company, without the EAD.  And should an emergency arise in the UK before you have your AP, you wouldn't be paroled back in, and your GC application would be considered abandoned.  EAD/AP are currently taking 6+ months.

[ludgator 1]

13 minutes ago, Jorgedig said:

Staying and adjusting now has major drawbacks: you will not be permitted to work, even remotely for a UK company, without the EAD.  And should an emergency arise in the UK before you have your AP, you wouldn't be paroled back in, and your GC application would be considered abandoned.  EAD/AP are currently taking 6+ months.

Yeah, that is not worth it.

 

It's not ideal but I've excepted that I'm going to have to return to the UK for my interview. I just need to be able to book one that would give me enough time to get back and self-isolate before it. The time apart will be hard especially as I don't want my wife to be alone during this tough time but we've been apart before and I know we can be strong and do it again. Knowing this would be the last time we're a apart for a long spell would be worth it.

[Boiler 45,657]

Just remember that the time line is not within your control and things can happen.

[StephenJ221 0]

On 10/25/2020 at 7:04 PM, JFH said:

Keep checking the London embassy website daily. A few times a day. Appointments are released and cancellations are popping up all the time. Keep on it. 
 

Yes, immigration is a qualifying event to enroll in a healthcare plan outside of enrollment. 

Thanks for this input - it's really helpful. Could you be a bit more specific (I'm a newbie!): how exactly do you check on the London Embassy website for these appointments? I've just booked an appointment for August 2021, as it was the first available. I'd dearly love to get one earlier, if at all possible.

 

Many thanks,

 

Steve

[Just Paul 4,595]

6 minutes ago, StephenJ221 said:

how exactly do you check on the London Embassy website for these appointments?

Check the portal for sooner appointments.   We were able to move our appointment up 3 months due to cancellations.

Immigrant (Spousal)  https://ais.usvisa-info.com/en-gb/iv

 

 

[StephenJ221 0]

Gottit - many thanks indeed. Cheers, S

[Wuozopo 4,293]

2 hours ago, StephenJ221 said:

Thanks for this input - it's really helpful. Could you be a bit more specific (I'm a newbie!): how exactly do you check on the London Embassy website for these appointments? I've just booked an appointment for August 2021, as it was the first available. I'd dearly love to get one earlier, if at all possible.

 

Many thanks,

 

Steve

You have no profile or what visa you are seeking or where you are in the process. It’s hard to answer your questions. One thing I can tell you is for spouse visas such as the person who started this thread and gets to choose his own interview date in London because he did not process at the National Visa Center —— London has never opened up any IR1/ CR1 Spouse visa interviews past November 2020. So something is amiss when you say you booked an appointment for August 2021.  
 

What did you apply for? Where? 

[Wuozopo 4,293]

2 hours ago, Paul & Mary said:

Check the portal for sooner appointments.   We were able to move our appointment up 3 months due to cancellations.

 London never has more than two months open (current and the following month) and they have gotten really strict about choosing a sooner appointment. You have to wait until your appointment date has passed before you can pick a new one.