Question About Emergency Travel

[Newuser4453454 79]

I really have no idea where to put this so if it's wrong then please move it as needed:

 

My husband and I have an issue and covid is making it worse. His 2 year visa (K-1 to LPR) is set to expire end of Sept and we'll start removal of conditions in June. Sadly, we just received news today that his grandfather has terminal cancer and has very little time left. As a result, we are looking to travel back to the UK. Worse still, we both let our passports expire (his expired and I had a name change). We're trying to figure out a few things:

 

1. If we can expedite passports or get him an emergency travel document that will allow him to enter the UK and return before June when we start file the Removal of Conditions (Since he needs to be in the country to start that if I understand correctly)

2. If there's any chance of me being able to travel with him to see his grandfather and/or to be with his family and go to the funeral. (This isn't required, but my biggest fear is him being able to get there but being stuck there and not being able to come back and having to start the whole process over and being without him for years again..)

 

Please let me know if there's anything that we can do or if there are any resources we can ask

Thanks and sorry if this is distraught and disjointed.

[Mike E 11,740]

7 minutes ago, NearEthereal said:

My husband and I have an issue and covid is making it worse. His 2 year visa (K-1 to LPR) is set to expire

Does he have a green card? It is that, and not a visa that should be expiring.

 

7 minutes ago, NearEthereal said:

 

end of Sept and we'll start removal of conditions in June. Sadly, we just received news today that his grandfather has terminal cancer and has very little time left. As a result, we are

I am sorry for this news.

 

7 minutes ago, NearEthereal said:

 

looking to travel back to the UK. Worse still, we both let our passports expire (his expired and I had a name change). We're trying to figure out a few things:

 

1. If we can expedite passports or get him an emergency travel document that will allow him to enter the UK and return before June when we start file the Removal of Conditions (Since he needs to be in the country to start that if I understand correctly)

 

Expediting his passport is up to the UK government. 

7 minutes ago, NearEthereal said:

2. If there's any chance of me being able to travel with him to see his grandfather and/or to be with his family and go to the funeral.

You need a passport. Passports are taking at least 2 weeks. Some are taking several months.

 

7 minutes ago, NearEthereal said:

 

(This isn't required, but my biggest fear is him being able to get there but being stuck there and not being able to come back and having to start the whole process over and being without him for years again..)

One never knows how covid will play out. There are reports weekly on forums like VJ and reddit about people who claim to have been stranded. I think if you have sufficient money, you won't be stranded.  Has he been fully vaccinated?  Can he afford to quarantine in a third country for two weeks? Does the third country hotel system make getting a covid test easy?

 

For him the prime directive is to come home before his green card expires, and then file his I-751 before his green card expires. Doing in June is nicer than in July is never than in August is nicer than in September is nicer than after it expires.

 

7 minutes ago, NearEthereal said:

 

Please let me know if there's anything that we can do or if there are any resources we can ask

Thanks and sorry if this is distraught and disjointed.

Focus on getting passport applications sent first. Then get vaccinated. Once you have passports and vaccinated status, make plans to go to the UK.

[aaron2020 11,651]

Does your husband have a 2 years conditional green card?  What's the expiration date?  There's no 2 years visa (K1 to LPR).  

[Newuser4453454 79]

Thank you for the help. Yes, we meant the Greencard not the Visa. Sorry. We will do that. 2 year conditional greencard, September 20th.

Edited May 11, 2021 by NearEthereal

[SalishSea 17,920]

He has a valid GC, and as such will be readmitted.  He doesn't need a separate travel document.

 

You don't HAVE to begin the ROC in June.  That is just the earliest you can start it.  I'm not sure why you think he cannot be overseas during that process?  He will not be interviewed right after you submit the ROC or anything.

[Newuser4453454 79]

For some reason I thought that at the time of filing he had to be in the country. I could be wrong since I don't remember where I saw that.

[Mike E 11,740]

31 minutes ago, NearEthereal said:

For some reason I thought that at the time of filing he had to be in the country. I could be wrong since I don't remember where I saw that.

I never suggested that he file from outside the country.

[laylalex 7,293]

38 minutes ago, NearEthereal said:

For some reason I thought that at the time of filing he had to be in the country. I could be wrong since I don't remember where I saw that.

Maybe you were thinking about AOS -- the person adjusting status to permanent residency has to be in the country at the time of filing. I learned this one the hard way and lost about a month of time when we jumped the gun and filed while my husband was back in the UK visiting family (he is adjusting from a work visa, so he is able to come and go before AOS is complete). 

 

If you think about it, what is ROC? It is removing conditions on a green card. Is it a condition of your husband's green card that he stay in the US throughout the two years before he can remove conditions? No. And what is AOS? It's adjusting an alien's visa status from non-immigrant to permanent resident. Until adjustment is granted, the terms of the alien's visa apply -- so a K1 applicant can't leave without advanced parole because K1 is a single entry visa, but an L1 (what my husband's on) can leave because his visa permits multiple entries. 

 

At least that's how I see it. Best wishes to you and your husband in this very difficult time for your family. ❤️ 

[Boiler 45,657]

Sounds like you have Passport and UK Quarantine issues.

[Wuozopo 4,293]

@NearEthereal

 

Emergency travel document if outside the UK

https://www.gov.uk/emergency-travel-document

 

Then while in the UK, he can get an expedited passport by booking an appointment at a passport office..  ( I don’t know if passport offices in the UK are even open for appointments)

Online Premium Service

https://www.gov.uk/get-a-passport-urgently/online-premium-service

 

or

1 week fast track service

https://www.gov.uk/get-a-passport-urgently/1-week-fast-track-service

 

Get a US passport fast

https://travel.state.gov/content/travel/en/passports/get-fast.html

 

You can travel to the UK. You don’t have to stay in a hotel to isolate upon arrival. You can stay with relatives.  You will need to book Covid tests and pay for them for entry in the UK. It’s something like on Day 3 and Day 8 (I forget). you have to register where you will stay.
 

 You will need Covid tests before departure back to the US. They give them at Heathrow. You both can fly directly back to the US (Citizen and greencard holder/LPR) without quarantine in another country for 2 weeks. You are both exceptions to the travel restrictions for UK TO US. Here’s a thread talking about travel to UK. https://www.visajourney.com/forums/topic/762859-travel-from-us-to-uk/

 

 

He doesn’t need to apply for Removing Conditions the first day eligible, but definitely by mid September before his greencard expires on 9/30. You can start filling in the forms now and gathering your 2 years of dated material showing you share finances and live together. You can throw in the most recent joint things (bank statement)  before he files. Get that planned and sorted now before you leave so you have lots of documentation already gathered and printed. Use the Removing Conditions forum on here for ideas of what people include. 

 

 

 

Edited May 11, 2021 by Wuozopo