colemvaughn

Hi all
I'm American, living in UK, married. My husband and I applied for his visa in Feb., as I got a job in the States and we planned to relocate. He attended his medical Mid Feb. He had sarcoidosis in the past, so there was a shadow on his X-ray which needed further investigation, despite his Dr's letters. He needed to return to London 5 days in a row each morning to do a sputum test to ensure that he didn't have TB. This came back clear.

Sadly, we found we'd sent the application to the wrong address- the US processioning, not London, and we were never informed until we queried it perhaps 10 weeks after sending (waited the obligatory 6 weeks, and then gave the benefit of the doubt for a further few- stupid, I know).
Sent the application off to proper address in London, and waited the further 6 weeks. Still no letter to interview; went online to find that he could apply online for his interview, which he did. He now has his interview scheduled for this Friday.

Here's where it gets ever more complicated...his medical expired last Wednesday, so he's had to attend another medical. At the appointment, he inquired about having to do another sputum test, to which the Dr responded, 'There is no medical reason, as we know your history and the last test came out clear, but you never know what they'll insist on.'
The following day, he had a call to say he had to return that day and two more to do further sputum tests.

This was just over the weekend, when bizarrely I was admitted to hospital with appendicitis, and our movers arrived to pack the house into the 20ft container- we know how to play stress roulette.
His Visa appointment is this Friday. He is stressed beyond recognition, as the nurse informed him over the weekend that the sputum test culture wouldn't be ready for 6 more weeks.

Does anyone have ANY experience with something like this? I feel he is at the mercy of the human being he meets on Friday to look at the big picture and see that he's in great health (half marathons, tennis weekly, boot camp, and med free for sarco since 2007, as well as a very recent sputum test which was completely clear of TB). However, he could also be in front of someone who just says, 'Sorry, but you'll have to wait the 6 weeks to get the results of this new test before we can help you out.'

In good faith, we moved ahead with all of our plans, assuming we were following rules and ticking all of the correct boxes. He's a Deputy Headteacher, I'm a middle leader in a school as well, but we seem to have screwed this up every step of the way! In hindsight, I should have hired an immigration lawyer/consultant to just ensure someone else was keeping an eye on things with the most up to date information. If only I could give advice to my past self.

Got job in a state I've never lived in: check. Bought house in said state: check. Sent all worldly possessions: check. Booked flights for husband and cat: check. Forgot to take husband with me because he's stuck in red tape....? Check...

scrubbedexpat099

My guess is that they will put him in AP pending a clear medical.

colemvaughn

Thanks- what's AP?

scrubbedexpat099

Additional Processing, put you in limbo if things needs checking out.

ian-mstm

I believe Boiler is correct. Your husband should go to his visa interview. If the medical is not yet ready, his visa will be delayed until such time as the medical is received.


This was likely the only real mistake made. We always advise folks to never book flights until visas are in hand. I know it's not convenient considering the movers have already been... but you should go to the US as planned. When your husband's visa is ready, he can join you.

FWIW, stuff like this happens from time to time - there's no sense beating yourselves up over it. Life is an adventure... embrace the journey!

Ian

civilservant

Agreed with Boiler - they will not approve the visa until they have his new medical results. He will be in AP until then (and probably a couple of weeks after they receive them to allow the results to percolate through to the correct person/department)

colemvaughn

Thanks, all. Will keep you updated. I presume we'll be making alternative 'best laid plans...'

mikelincs

Just for interest, yes, the sputum test will take 6 weeks as that is the length of time they must incubate the culture for them to be able to say it's negative. It's one of those very slow growing organisms I'm afraid. Most bacteria will have grown withing 24 to 48 hours, but not the Mycobacterium Tuberculosis one. Those type of cultures used to fill our incubators when I was working in Microbiology, fortunately we didn't get too many of them, and in the years I worked there I never saw a positive.

colemvaughn

Thanks. We know he doesn't have TB. In fact, I was clinging to the hope that, although his first medical expired last week, as he'd completed that part just 6 months ago, his TB test 'technically' is still within the 6 months, as his sputum tests weren't conducted until mid/late Feb, and therefore the negative result wasn't in until April. Grasping at straws, I know.
We committed to this move because we've had such a rubbish few years with IVF and wanted a fresh, new start. 'Come to America!' I said. 'It will be great!' I said...
Just a few more hurdles to get through, I guess

colemvaughn

Dominic was put into AP, as predicted. He was told that he wouldn't need to come back to the embassy when the medical certificate comes through, he would just be required to post the passport and they would process it then. This, I think, is technically good news?
One further disappointment that I wasn't anticipating, and would like advice on: We have flights booked to the US on July 21- my new job starts the week after. We were hoping that in the interim, Dominic could come to the States and help with the transition, and then fly back to the UK at the end of August and wait for the red tape to unravel.
The woman he spoke with at the embassy said he could be refused entry because he would be flagged up on the system as a pending immigrant, and it would 'just be up to whoever you got at passport control.'
Does anyone know whether, if he has a return flight, and perhaps a letter from an immigration lawyer explaining his intentions, if we can preempt potential problems? Obviously we don't want to do anything to cause a problem for the overall visa, and if we just need to change his flights and wait for 2 months whilst transitioning, we will. But the prospect of moving into a new house, dealing with the shipping container, starting a new job, etc, without each other is disappointing.

ian-mstm

Yes - this is what should happen... so, good!


There is nothing wrong with this plan.


I'm sure the woman meant well, but she was likely trying to impress with her knowledge of how things work. The possibility of being refused entry is always present. Only a US citizen has the right of entry to the US... everyone else takes their chances.


Yes, that may be true - but it's also true that people who apply for immigrant visas don't usually try to circumvent the system at the last moment!


A letter from an immigration lawyer would be a waste... since absolutely no one can guarantee the intentions of someone else! He will have a return flight because he must in order to use ESTA/VWP.

That said, if he is asked anything at all about the visa (he should not, by the way, volunteer information not specifically asked about), your husband should simply tell the truth... he's waiting for his medical results to reach the Consulate and there's a 2 month lag, and he's here to help you move back to the US before he returns to the UK to finish the process!

Ian

colemvaughn

Thanks, Ian- this is really reassuring and helpful.