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Broken Fibula - Medical Extension Options

Broken Fibula - Medical Extension Options

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Old May 24th 2018, 2:49 pm
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Exclamation Broken Fibula - Medical Extension Options

Hi All

Hoping for some input if any of you have experience of applying for a medical extension. In brief we have had our green cards granted with the last date we can travel being 1st September 2018. Flights booked for June 18th, apartment secured etc.

However on Sunday my husband broke his fibula. It's displaced his tibia and knackered the ligaments so it's a pin and plate job, for which he's hopefully having the op today. Limited info so far, but my best semi educated guess is 6 weeks no flying, and probably at least 12 weeks till weight bearing and a level of normalacy, which would take him very close to the cut off.

We have the complicating factor of transporting our dogs over, and had originally opted for June and Seattle to minimise heat issues etc, so flying them later than this but before September is not something we will consider, and in all likelihood I will fly with dogs and set things up for him to join later.

So have any of you experience in securing a medical extension and can you offer any insight into what was needed, whether you or your attorneys did it etc and whether wanting to wait until treatment was complete was adequate rather than just being beyond the no-fly period. Concerns are I wouldn't want him out in USA before it's obvious that no complications have arisen and for this type of op that is probably related more to the rehab than the "no fly" period.

Thanks in advance for any insight



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Old May 24th 2018, 5:13 pm
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Default Re: Broken Fibula - Medical Extension Options

You say green cards have been granted, but sounds like you are still in the UK, so I'm guessing you mean immigrant visas? Do you both have immigrant visas or is one of you a USC?

I haven't heard of anyone being granted an extension for any reason, but I'm no expert. You mention an attorney..if you used one for the immigrant visa process, I would ask him if it's possible. I always thought it was a "use it or lose it" situation.

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Old May 24th 2018, 5:32 pm
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Default Re: Broken Fibula - Medical Extension Options

Sorry bad use of language on my part. Petitions all approved. Have spoke to our attorney and she's explained the possibility of medical extension, so theoretically the pathway is there, was just curious of anyone's experience of this, as my opinion previously would have aligned with yours on the use it or lose it front! The attorney has also said they can apply for us, or we can do it ourselves, but again very little info I can find out there to give me a gauge on this.
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Old May 24th 2018, 5:38 pm
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Default Re: Broken Fibula - Medical Extension Options

I have no experience of this but the US London Embassy website indicates that if the reason for not travelling was due to "circumstances beyond your control, a new visa will be issued".

https://uk.usembassy.gov/visas/famil...united-states/
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Old May 24th 2018, 5:43 pm
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Default Re: Broken Fibula - Medical Extension Options

Thanks MidAtlanitc, I'd seen that section - it reads like he'd have to wait till it had expired and then apply - do you agree? Where as I guess we are hoping we could get an extension that he could use if needed, but would hope he wouldn't have to. Have to almost laugh at our timing - literally under 4 weeks to go and then one large spanner in the works!
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Old May 24th 2018, 5:51 pm
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Default Re: Broken Fibula - Medical Extension Options

Originally Posted by Dogparents
Thanks MidAtlanitc, I'd seen that section - it reads like he'd have to wait till it had expired and then apply - do you agree? Where as I guess we are hoping we could get an extension that he could use if needed, but would hope he wouldn't have to. Have to almost laugh at our timing - literally under 4 weeks to go and then one large spanner in the works!

Yes, that is what it is saying and I fully understand that you would prefer to have more certainty than a "review".

Good luck in finding a resolution.
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Old May 24th 2018, 6:00 pm
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Default Re: Broken Fibula - Medical Extension Options

Originally Posted by MidAtlantic
Yes, that is what it is saying and I fully understand that you would prefer to have more certainty than a "review".

Good luck in finding a resolution.

Thank you. Will pop an update on here whichever route we go down.
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Old May 24th 2018, 6:56 pm
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Default Re: Broken Fibula - Medical Extension Options

Or could he travel by cruise ship?
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Old May 24th 2018, 7:47 pm
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Default Re: Broken Fibula - Medical Extension Options

You say you have an attorney working for you so I'm assuming this is an immigration attorney you used to obtain whatever visa you are using to reside and work in the US, i.e. a work visa, immediate relative visa, etc. The attorney appears to be of the thought that an extension is possible and only needs to be applied for. Yes, I have see two or three such extensions in the last 20 years. The US Embassy will work with you if you have just reason and need for the extension. The only problem that might rear its head is if you or your husband's visa required a medical. You might want to check that out with your attorney.

Found your visa from an old post of your from January of this year: Visa is an EB1 Green Card. DS260 submitted back on 5th Dec 17.

My take on it would be that an extension would be given if your husband is medically unable to fly and is still in need of medical assistance from his attending physician for this medical issue. Would it be given because you don't want your dogs to travel during summer? Doubtful. (Please do not go into the pets are family which I understand, particularly as you chose to name yourselves dogparents; I'm a cat owner or should I say I'm owned by my cat.) There is no disrespect intended in my thought on that reason being a justification for an extension.

Shame it had to happen as there is more to lose then just the ability to travel when originally planned. There are the financial costs involved for rental in the US of an uninhabited apartment if you chose to not break the lease and other factors).

Good luck to you and your husband.

Last edited by Rete; May 24th 2018 at 9:30 pm.
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Old May 24th 2018, 8:19 pm
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Default Re: Broken Fibula - Medical Extension Options

Hi Rete

Thanks for the reply - did chuckle Re the cat/dog part - that was more to give context of why I'd be looking at flying ahead of husband rather than staying with him. Though again my understanding is a medical extension of successful achieved would only apply to him anyway.

Medical yes he needed one and I guess that also raises a red flag as I would assume as you've said he may then need another either by default of us passing the 6 months validity or as a request based on the medical extension.

Of those you've seen - do you know if they applied for it themselves or had the attorney do it? I guess our challenge is we would want it for duration of rehab as opposed to just the fit to fly element.

Thanks for input and the best wishes - it's appreciated

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Old May 24th 2018, 9:34 pm
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Default Re: Broken Fibula - Medical Extension Options

I honestly do not recall if they used an attorney or not. I imagine it is a matter of contacting the visa sector of the US Embassy but is that easy to do and easy to get an answer from them? If the attorney is not asking for an arm, leg, and first born, you might be better served using their services.
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Old May 25th 2018, 12:06 pm
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Default Re: Broken Fibula - Medical Extension Options

Originally Posted by Dogparents
I guess our challenge is we would want it for duration of rehab as opposed to just the fit to fly element.
If he is fit to fly, there is the option of flying to the US to activate the visa, then returning to the UK to complete rehab.
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