caraid17

Hello Out there!

I am an american living overseas. My wife is Scottish. I have to return to the U.S. for an operation. I am not sure how long my recovery time will be and would like to know how long my wife can stay in USA. I might have a recover period of at least 4-6 months (if no comlications). Can my wife stay with me? Do I have to do any extra paperwork or such? If I have problems and I would like to stay for longer can I apply for a green card for her>

Noorah101

Your wife can visit the USA on the VWP (no visa) for up to 90 days at a time.

If she wants to stay longer, she needs to apply for a B Visitor's Visa. She may or may not get one.

If you want her to immigrate to the USA, you'll need to get started on getting her an Immigrant Visa. How long have you been living overseas?

Rene

caraid17

Hi Rene,

I have been outside of USA for 7 years. We have been back several times on a few months visit, but not staying for long. I am only concerned in case I have a prolonged medical problem (I go to VA Hospital) and have to stay for a longer time. I can't afford for my wife to come and go every three months! If things don't go good, I want to make sure she can stay longer. I am retired on Social Security.

Bob

Get the operation done in Scotland? It's not a third world country after all...

meauxna

It probably does not have a VA/Veteran's Administration hospital though.

lousyknitter

Maybe he doesn't live in Scotland!!! Anyway there is NO VA in Scotland. So does ANYONE know the answer to his question?????

Bill_S

See post #2.

lousyknitter

Yes I see no. 2, but he asked if he can do green card in the U.S.

Bob

does it matter? NHS, wouldn't have to pay...

Anyway, regarding Bills presumed hint at DCF? Can't answer that without more info can we, such as where residing, and for how long etc....

Noorah101

No. One cannot use the VWP or Visitor's Visa with the intent to remain in the USA and adjust status. That's misuse and abuse of the VWP and Visitor Visa, and is illegal.

Rene

Noorah101

When do you have to be in the USA? If you want to get your wife an Immigrant Visa so she can stay in the USA longer, you'll have to file an I-130 with the US Embassy in London. The process takes about 4 to 6 months, then she gets an Immigrant Visa which allows her to remain in the USA after arrival.

If you do that, be aware that once your recover is finished, if you guys move back overseas permanently, she loses her green card. If you're going to go that route, it's best to plan to stay in the USA until she can become a USC (around 3 years from the time she enters using her Immigrant Visa, depending on a few different things).

If your recovery is only expected to take around 6 months, it's not worth going through the hassle of getting her Immigrant Visa.

She can apply for a Visitor's Visa, and her reason for staying longer than 90 days would be to help you recover from surgery. Just make sure she can show ties to her home country that indicates she will NOT be remaining in the USA to adjust status.

Best Wishes,
Rene

HoosierDaddy

Can't you do your recovery period in the country you currently reside? I'm thinking the health system of your country of residence could cope with any complications should they arise....
Who is paying for your plane ticket back to the States (military flight in the jump seat) and is it a one-way?

caraid17

I am finally back. The question I really wanted to know has nothing to do with my hospitalization or where I live. I only asked if I had to stay longer is there a method for me to get an extension (again IF I had to stay longer)for my wife. Maybe it is not necessary to get a green card but how does one stay longer without leaving the country because of an emergency stay for me.

I travel back to U.S. several times a year and use the VA System if I happen to need medical help. I had a hip replacement and now need a new knee!! Recovery time is dodgy.

MsElui

noorah has the best answer for you. see 2-3 posts up. The rules dont change no matter how many ways you try to ask the question.

fatbrit

You've got two choices:

VWP -- max 90 days (including arrival and departure date), cannot be extended.

B2 -- apply at US embassy, your spouse needs to document a good reason why she needs it and also show strong ties to the UK, may be denied which can cause problems entering the US subsequently, usually stamped for 180 days on entry and this can be extended on application with good reason.

Choice is yours. That's all there is.