HELP SO has visa but need to care for Father

[Pat&Hong]

Hello all.

My Hong has passed her interview a while back. BUT her father has taken ill (cancer).

Going thru chemo and the such.

Her visa is good til end of July. She is the only family member to take care of him. I agree she needs to take care of him.

 

My question is. Is there any ideas of what to do?

-Should I have her come here and get married, then get an emergency visa if there is such a thing. And let her go back to China to care for her father as soon as she can. I do not believe he has much time left with us.

-Go to China marry her and start the process over again.

-Ask my Congressmen.

 

Any help would be grateful.

 

Thanks

 

Pat

[LeeFisher3]

Pat, I'm sorry to hear about Hong's father. Your options are somewhat limited here.

 

Here is a question and response from GZ for a similar situation K-1 Visa extension.

 

Since the interview has not been scheduled, requesting to reschedule the interview appears to be a good option. Also, after receiving the visa she could ask for an extension but that would cost you another $100.

 

The part that appears to be a problem is the length of time she needs to remain in China seems open ended and there is no telling if they would extend it a second time.

 

Now if she comes to the US and you get married the only way you could continue with the process would be to file for AOS and AP so she would be able to continue the Adjustment process and be able to return to the US for her AOS interview. AP seems to take around 60 days to receive and I get the impression that waiting for that length of time is not acceptable. From my understanding they don't issue AP between entry to the US and AP, but I could be wrong, perhaps someone else has an idea.

 

If it appears the time will be lengthy getting married in China is an option, with that you have the ability to file for a K-3 to cover all bases since that gives a multiple entry stamp in her passport and she could come to the US and return as needed. Depending on the time frame involved she might receive a K-3 visa and come to the US for a few weeks and then return to China to care for her father and wait for the CR1 interview, which would finish up the process only requiring her to enter the US to activate her green card.

 

I'd suggest taking a wait and see position and make a decision when you have an interview date.

[frank1538]

The consulate actually answered a similar question: http://candleforlove.com/forums/index.php?...ndpost&p=201662

 

In addition to potentially having the visa re-issued, there are a couple of other options, subject to your timing.

 

1. She can come to the US, get married, and file to adjust status and request advance parole. The AP will allow her to re-enter the US should she have to leave. Unless she can get expedited processing, you're probably looking at 2-3 months to get AP.

 

2. She can come to the US on her current visa and potentially return to China while in K-1 status and before you get married. Howwever, she'll have to coordinate this with the embassy and return to the US AND get married before the original 90 days runs out. Personally, I don't recommend this because of the uncertaintly that involving the consulate interjects. Take a look at http://candleforlove.com/forums/index.php?...ndpost&p=204742 for the consulate's take on this.

[Pat&Hong]

Thanks for the info. I will look into this further.

 

What a great group of people!!