Emergency Visa Due to Death

[d3domino 1]

I am sorry if this posted in the wrong place, I think I've only ever posted one other time. But right now my father is in late stage heart failure and I'm afraid he will unfortunately pass away soon. If the worst happens, I would want my husband to come to the funeral to comfort me. He is a Mexican citizen, he doesn't have a CR1 or IR1. I am a US citizen. It says foreigner can apply for emergency visas for to attend to immediate family members but it would by my husband's father-in-law. Is that immediate enough to get an emergency visa to come to the states with me should the worst happen?

 

Thank you kindly.

Edited September 14, 2022 by d3domino

[Chancy 6,241]

*** Moved from Off Topic to Tourist Visas forum ***

 

6 minutes ago, d3domino said:

It says foreigner can apply for emergency visas for to attend to immediate family members but it would by my husband's father-in-law. Is that immediate enough to get an emergency visa to come to the states with me should the worst happen?

 

Not really.  But send a request for emergency appointment anyway.  Just don't get your hopes up.  Sorry to hear about your father.

 

[Timona 4,207]

Unfortunately, they will stste that your immediate family members are best situated to comfort you. 

 

You can try but I don't see it being granted. There are people who's parents passed before they could even get AP. USCIS din't see the need to grant emergency AP for such. 

[Boiler 45,658]

I doubt you needing to be comforted would be enough, can you not travel?

 

The basis would be the loss of his FIL, their close connection and wanting to attend the funeral.

[d3domino 1]

29 minutes ago, Chancy said:

*** Moved from Off Topic to Tourist Visas forum ***

 

 

Not really.  But send a request for emergency appointment anyway.  Just don't get your hopes up.  Sorry to hear about your father.

 

I am currently living in Mexico. Do you think doing a direct consular filing for an I-130 would maybe a good option? I know they allow DCF for medical purposes for both the petitioner and beneficiary. 

[Crazy Cat 41,979]

3 minutes ago, d3domino said:

I am currently living in Mexico. Do you think doing a direct consular filing for an I-130 would maybe a good option? I know they allow DCF for medical purposes for both the petitioner and beneficiary. 

Have you already filed an I-130 for him?

[Adventine 3,201]

3 minutes ago, d3domino said:

I am currently living in Mexico. Do you think doing a direct consular filing for an I-130 would maybe a good option? I know they allow DCF for medical purposes for both the petitioner and beneficiary. 

 

I'm sorry to hear about your father's condition. But given that you live in Mexico with your husband, the case for granting him an emergency visa is even weaker. 

You can try but it's best not get your hopes up.

[d3domino 1]

1 minute ago, Crazy Cat said:

Have you already filed an I-130 for him?

No I haven't, we were simply going to wait two years and go right for the IR-1 since we've already been married for almost a year now. 

[Boiler 45,658]

Just now, d3domino said:

No I haven't, we were simply going to wait two years and go right for the IR-1 since we've already been married for almost a year now. 

The process takes a couple of years so it would be a miracle of you did not get an IR1

[Chancy 6,241]

Just now, d3domino said:

No I haven't, we were simply going to wait two years and go right for the IR-1 since we've already been married for almost a year now. 

 

You should have filed the I-130 as soon as you got the marriage certificate.  Spouse visa cases take 2 to 3 years via the consulate in Mexico due to the huge backlog in cases.  Wait time for an interview slot is more than 1 year AFTER petition approval and NVC review.  Also, you do not qualify for DCF for your spouse petition on the basis of your father's medical condition.

 

[d3domino 1]

1 minute ago, Boiler said:

The process takes a couple of years so it would be a miracle of you did not get an IR1

I had a friend who lived down here with his partner and he suddenly needed to move back to the states for relocation due to his job. He filed the I-130 through DCF, got that request approved in 2 weeks and then after that got their interview date three weeks later in Mexico City. I was hoping maybe I could go that route if possible?

[Crazy Cat 41,979]

5 minutes ago, d3domino said:

No I haven't, we were simply going to wait two years and go right for the IR-1 since we've already been married for almost a year now. 

There are much better ways to achieve that goal.  You could have filed right after marriage, and delayed the case at NVC for a few months if needed. 

Even if the consulate agrees to accept a DCF case, it will take a few months.

Edited September 14, 2022 by Crazy Cat

[Chancy 6,241]

1 minute ago, d3domino said:

I was hoping maybe I could go that route if possible?

 

Do you have a job offer in the US that requires your immediate relocation?

 

[d3domino 1]

Just now, Chancy said:

 

Do you have a job offer in the US that requires your immediate relocation?

 

Well no, but under other reasons you can file a DCF in Mexico City other than relocation "medical emergencies" is listed as a reason you can file for DCF.

[Boiler 45,658]

1 minute ago, d3domino said:

Well no, but under other reasons you can file a DCF in Mexico City other than relocation "medical emergencies" is listed as a reason you can file for DCF.

I think people are confused because you have multiple issues going on in one thread, so you need to return to the US for Medical reasons as well as the Funeral?