I-130 Expedite Chance Due Surgery?

[Ekto Oktan 0]

Hello, we have already sent the I-130 form to USCIS. My spouse lives with me in Turkey and has a legal residence permit card here. He will soon undergo gastric bypass surgery here, which is a complicated procedure.

 

We can document this with a report signed by the doctor, stating that it is a surgery that requires personal family support and follow-up. In light of all this, is my spouse eligible for DCF?

 

Because my wife wants to return to the US as soon as possible after the surgery and continue her follow-up treatment in her own country. She doesn't want to be away from her family.

 

Are we eligible for DCF? What are our chances of getting approval by submitting a signed report from the doctor, my wife's petition, and a petition from one of her relatives? Does our situation allow for this?

 

In addition, the consulate in Turkey states in its detailed instructions that we should not have previously completed the I-130 form with USCIS, but this situation has only recently arisen. We have already completed the I-130 form with USCIS and would like to reapply for DCF because this new situation has arisen; otherwise, we would have waited.

 

I look forward to hearing your thoughts and recommendations.

[Ekto Oktan 0]

 

Hello everyone, my spouse filled out an I-130 for me. We are currently living together in Turkey, and my spouse has a residence permit here. He was not planning to return to the US until my application was approved, but things are about to change.

 

My spouse (petitioner) will soon undergo gastric bypass surgery, which is a somewhat risky procedure with complications that require follow-up care. She wants to spend the post-operative period in the US to avoid any risks, as her family and everyone who can provide her with personal support are there.

 

However, they do not want me to stay here. At this point, we want to submit an expedited request to USCIS. If we obtain a signed report from the doctor stating that this surgery has complications and requires follow-up, and we send this to USCIS along with the letter provided by my spouse (petitioner), what are our chances of getting approval?

 

Because after the surgery, he really needs general health support, supplements, and family support, I cannot keep him in Turkey, but we do not want to be separated for a long time after he leaves. What are the chances that USCIS will approve such a request?

 

Evidence we will submit to USCIS For Expedite;
- A signed doctor's report describing our condition
- My spouse(Petitioner) letter regarding the expedite request and the letter stating the situation
- An additional letter from my wife's family member on USA regarding what they are expecting her after surgery for a support

 

What do you think about this issue? What are the chances of it being approved?

 

[appleblossom 4,556]

It's not possible to apply for DCF if you have already submitted the I-130, but I doubt those would be valid grounds anyway. You could try for an expedite though.

 

Good luck. 

[Dashinka 25,932]

I doubt anyone can predict the chances for approval, but you certainly can apply and it sounds like you may have a case.  The question is where is the I130 currently?  This is important as it will tell you where the expedite request needs to be sent (i.e. USCIS, NVC, Consulate).  If at USCIS and the expedite is approved, you will need to submit another expedite request at the subsequent stages of the petition.  Also keep in mind that an expedite may not result in immediate action, but if approved, it may speed things up a little.

 

Good Luck!

[Dashinka 25,932]

DCF is no longer an option short of withdrawing the current I130.  But that is a big risk as if the consulate does not accept a filing, then you have to start over with USCIS.  I would not take this route unless I was almost certain of DCF.

 

Good Luck!

[Crazy Cat 44,703]

***Similar topics merged***

[JeanneAdil 7,111]

 

Who is who as you refer to the bene as she and as He?

She wants to spend the post-operative period in the US to avoid any risks, as her family and everyone who can provide her with personal support are there.

And

Because after the surgery, he really needs general health support, supplements, and family support, I cannot keep him in Turkey

 

and has a US Doctor been asked to do the follow up?

And will airline let the person fly?

Edited 19 hours ago by JeanneAdil

[smilingstone 650]

Weight loss surgery is elective and therefore doubtful to be approved as grounds for an expedite. 

[Boiler 47,553]

Seems a want rather than a need but it is free to apply so why not try?

[appleblossom 4,556]

12 hours ago, smilingstone said:

Weight loss surgery is elective and therefore doubtful to be approved as grounds for an expedite. 

 

Oh I missed that, saw 'bypass' and think my brain just jumped to heart bypass! I agree then, very little chance of an expedite IMO, it's certainly not a medical emergency. Her family can go to Turkey to take care of her though.