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Petition expires 28/12/20... Help !

Petition expires 28/12/20... Help !

Old Oct 15th 2020, 11:56 am
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Default Petition expires 28/12/20... Help !

We applied for my U.K. husband’s Visa Petition last year and it was approved 28/12/19.
We had intended to move to the US in April.. but the virus put a stop to that. We couldn’t travel and the Embassy shut down also.
So our new plan was to move in November of this year but the virus is still keeping us from not moving ( I am considered vulnerable) plus there is a 14 day US quarantine so we couldn’t go over to set things up like housing a car etc... With airlines, public transport etc not being safe and the rise of cases in both countries is just too risky..and I don’t see the risk letting up anytime soon.

So it may be middle or end of next year before it’s safe.

However my husband’s Petition will expire the end of December this year!!

We sent a request to have his Petition put on hold until next year when it’s safer to move.

The Embassy came back and said this....



“It is not possible to keep an immigrant visa application on file indefinitely. You have been given 12 months from the date on which the Immigrant Visa Unit wrote to you regarding the next steps in your case – December 11, 2019– in which to proceed with your application.

If you are not able to apply for a visa within that time, you will be contacted in writing on or around that date with further information about the options available to you.”



It’s not an application the Petition has been approved. He did the D260, but has not done the Medical or Interview because the medical only good for 6 months... and the virus lockdown and continued viral spread stopped all of that!!

Why with the virus can they not keep the Petition active, he would do a new police report, until it is safe for us to move??
We can not be the only people in this same situation???? We don’t want to have to redo the petition again and pay more money for something that is not within our control.. the virus !

Wouldn’t they take that into consideration ??
Believe me we want to go back now but not risking our lives to do so...

Anyone have any thoughts???

We are going to reply to the email we received but who knows what they will say??????

Is it possible to call their main phone number and speak to a human about this?

Any thoughts or help would be greatly appreciated... Thanks
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Old Oct 15th 2020, 4:03 pm
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Default Re: Petition expires 28/12/20... Help !

I don't understand why you think you can't proceed, or why you don't want too. Nothing that you have mentioned is a barrier to completing the visa process, other than you don't feel safe.

The 14 day quarantine is not enforced, it's a suggestion.

US immigration is not Burger King, you can't 'have it your way' They are, in fact, generous with the time that they give you to respond to each step. If you fail to do so, they can and will cancel the petition with no further action. Why? Because they don't want cases cluttering up their system, paper cluttering up their offices, and because the longer a petition sits unused, the higher the chance that something material has changed.

My advice? Finish the visa process, and make a round trip to the US (that's both of you, since the petitioner has to enter with or in advance of the immigrant) If you need an address for the green card to be mailed to, use a US based relative or friend that you trust.

BTW - flying is about as safe as anything else right now. Nothing to be scared of, as long as you wear your mask the entire flight.

We are going to reply to the email we received but who knows what they will say??????
A nicely worded variation of 'tough'

They've given you their answer. The law is the law. End of.

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Old Oct 15th 2020, 4:44 pm
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Default Re: Petition expires 28/12/20... Help !

Get the medical and interview done in late November - that will give you until late May to get yourselves over there, even if on a short turnaround trip as suggested above.
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Old Oct 15th 2020, 4:45 pm
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Default Re: Petition expires 28/12/20... Help !

Originally Posted by Nsb25 View Post
..... Believe me we want to go back now but not risking our lives to do so...

Anyone have any thoughts??? ....
Realistically it is likely to be 2022 before things return to any semblance of normality and you feel "safe" - I am sympathetic on that point myself, as IMO things are far from safe at the moment and neither a family wedding nor funeral would get me onto a plane in the next 12 months. And my wife and I feel the same about non-aviation public transport, as well as restaurants, crowded shops, theatres, and concert venues.

So my recommendation would be to abandon the process for at least 12-15 months, then start over with a new visa application and plan to move in 2022, because it will become burdensome to string the process out for another 18 months, and as your husband is at the interview stage it may not be possible.
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Old Oct 16th 2020, 4:56 am
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Default Re: Petition expires 28/12/20... Help !

There is currently a 14 day mandatory quarantine when entering the US from the U.K.
I can not with my illnesses take any chances or risks.

If we did fly over we could do nothing to sort anything out because we would be quarantined for 2 weeks. Nor would we be able to stay with anyone because of possible contamination to them.

The flight we would have to take lands 4 hours away from where we would need to go. That would require us to rent a car (unsafe) ... it all comes down to my illnesses and the risk I can’t afford to take... as the virus closed everything down you would think the immigration people would give us an extension of at least 6 months since the delay in moving was due to travel restrictions and the inability at the time to get his medical or his interview because of the lockdown and the Embassy being closed.
They must have exceptions ???
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Old Oct 16th 2020, 5:19 am
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Default Re: Petition expires 28/12/20... Help !

You can try asking, just be ready for the "no exceptions" answer. Hope for the best, prepare for the worst.

Rene
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Old Oct 16th 2020, 5:43 am
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Default Re: Petition expires 28/12/20... Help !

Originally Posted by Nsb25 View Post
There is currently a 14 day mandatory quarantine when entering the US from the U.K.
I can not with my illnesses take any chances or risks.

If we did fly over we could do nothing to sort anything out because we would be quarantined for 2 weeks. Nor would we be able to stay with anyone because of possible contamination to them.

The flight we would have to take lands 4 hours away from where we would need to go. That would require us to rent a car (unsafe) ... it all comes down to my illnesses and the risk I can’t afford to take... as the virus closed everything down you would think the immigration people would give us an extension of at least 6 months since the delay in moving was due to travel restrictions and the inability at the time to get his medical or his interview because of the lockdown and the Embassy being closed.
They must have exceptions ???
So, fly in - transatlantic planes are remarkably empty from recent reports by BE members, stay in a hotel near the airport overnight and fly back the next day. There is nothing to say that you HAVE to stay 2 weeks or go to where you would be planning to live. All you have to do is enter the USA with or before your husband in order for his visa to be usable. I know it isn't all about cost, but how does a return flight for 2 to the USA, in say February, compare with the costs (money and time) of doing the whole process again with the I-130, DS-260, I-864 etc.... As another poster has said above, you would need a trustworthy friend or relative to be willing to have your husband's green card sent to their address, but there is nothing to say that you have to go there on the first trip. obviously in the end it is you choice, but please don't make obstacles that don't really exist stop you considering all the options.
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Old Oct 16th 2020, 6:03 am
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Default Re: Petition expires 28/12/20... Help !

I have one other issue... we have 2 cats that can only fly over when we actually move .. between Late October thru early April because of the heat embargo by all Airlines. So we couldn’t move except between those dates.
As the virus is still spreading I can’t see us leaving by April 2021... because of the 14 day quarantine we would not be able to find housing etc until after the 2 weeks of being locked in... it will require both of us to be present to get housing and buy a car etc etc....so even if we finished up the medical and the interview by Dec we couldn’t do the actual move with the cats.
If we did finish by Dec and then jumped on a plane to just get his Visa activated... we would still have to come back and wait until we could move w the cats. I can’t see the immigration people being ok with my husband not showing back up till later next year. That would violate the length of time he would be allowed out of the country.

I think we will call the USCIS directly and speak with them about our situation and see what happens... with my illnesses and a letter from my doctor maybe we could get an “exceptional circumstances” exception on extending the petition date...

Who knows we may get lucky ?????

This virus has screwed up our plans so bad I’m very stressed now and it makes my health worse!!

Thanks for all yalls advice!!!!
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Old Oct 16th 2020, 9:16 am
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Default Re: Petition expires 28/12/20... Help !

If you’re going to ignore EVERYTHING we said in pursuit of your own ideas of how things should be, what was the point in asking the question?
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Old Oct 16th 2020, 10:52 am
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Default Re: Petition expires 28/12/20... Help !

Originally Posted by Nsb25 View Post
There is currently a 14 day mandatory quarantine when entering the US from the U.K.
Depends where you're going to in the US, some states have that requirement but not all. You don't have to fly to your intended long term destination, you could go to any airport couldn't you?

Originally Posted by Nsb25 View Post
because of the 14 day quarantine we would not be able to find housing etc until after the 2 weeks of being locked in... it will require both of us to be present to get housing and buy a car etc etc.
But again you don't need to do that, you simply need to go and enter on the immigrant visa. You can return later on to do all of that, when you move permanently.

I think you're just making this far more complicated than it needs to be with mention of quarantine, cats, housing etc. Simply book a flight (as said above, they're pretty much empty at the mo) to somewhere without quarantine requirements, sort the visa, and then return.

Best of luck.
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Old Oct 16th 2020, 11:11 am
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Default Re: Petition expires 28/12/20... Help !

Also you say that 'it would mean he was outside of the US too long' but honestly that crap.

If he gets the visa in November (having had the medical the same month) his visa would be valid until May. Enter the US and active the visa in May, then return, he would have 11 months before he really had a problem - making is May 2022.

18 months is not enough time?
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Old Oct 16th 2020, 12:10 pm
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Default Re: Petition expires 28/12/20... Help !

I’m just really afraid of the virus and my health!!
I’m sorry it seems like I’m not listening but I am.. just scared to take public transport into London to get his medical and interview finished.... my health is my main concern and this is stressing me out...
sorry for being overly paranoid .... can’t help it....
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Old Oct 16th 2020, 12:15 pm
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Default Re: Petition expires 28/12/20... Help !

You really are being overly paranoid - but I guess there's nothing wrong with that, especially if you are in a vulnerable population group.

Unfortunately, as a result of that, you will end up having to start all over again - USG is not exactly liberal with 'exceptions' You can ask, but I 100% expect a repetition of what was previously said. Basically 'them's the rules'
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Old Oct 16th 2020, 1:19 pm
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Default Re: Petition expires 28/12/20... Help !

Originally Posted by Nsb25 View Post
I’m just really afraid of the virus and my health!!
I’m sorry it seems like I’m not listening but I am.. just scared to take public transport into London to get his medical and interview finished.... my health is my main concern and this is stressing me out...
sorry for being overly paranoid .... can’t help it....
That's absolutely fair enough, but you do seem to be putting finding reasons to make it more difficult than it needs to be. Do you or your husband not drive?
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Old Oct 16th 2020, 1:35 pm
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Default Re: Petition expires 28/12/20... Help !

You seem to just be steamrolling over any of the advice you've asked for. Have someone look after the cats back at home, wear a hazmat suit and take a flight over. Like lizzy suggested stay in an airport hotel and fly back next day.
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