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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94320
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a us citizen and my husband is UK. He is in the UK working

Resolved Question:

I am a us citizen and my husband is UK. He is in the UK working now but I may have stage 4 cancer. I was going to move there but now I'm not sure I can. Could he come here on some sort of hardship visa?
Submitted: 12 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.


I am truly sorry for your situation. You just want him to visit? Does he have some issue that you cannot just petition for him?
Customer: replied 12 months ago.

Well I would like him to stay with me but I don't meet the financial requirements for immigration for him to come here. I don't know what a petition is. He doesn't have any issues such as any crimes if that is what you are referring to.

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
How long have you been married? Other than the finances, why haven't you petitioned for him to come to the U.S. before? It is very strange that a marriage last with such a long distance between the couple.
Customer: replied 12 months ago.

We just got married in February. I was going to move to the UK not him to the US. But we didn't know about my medical situation at the time. And yes, it is very difficult to be apart and we want to be together.

Expert:  Guillermo J. Senmartin, Esq. replied 12 months ago.
Ok, well you have two ways for him to come to the U.S.:


1) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

2) The CR-1 visa takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-3 is faster but generally more expensive. The CR-1 is slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to both:

http://travel.state.gov/visa/immigrants/types/types_1315.html

Now, I know you will have two issues. The first is the financial issue. You can resolve by by finding a Joint Sponsor. This sponsor must also file the same Affidavit of Support that you do and submit the same evidence that you still have to submit. The Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident that is over the age of 18 that makes the minimum amount. It does not have to be a family member or a household member. I'm truly sorry, but if you cannot find a Joint Sponsor, there is no way to waive that condition for him to be able to immigrate to the U.S.

The second issue is that you won't want to wait so long. Because of your condition, you can ask that the case be expedited. Here is a link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

And if that doesn't work, he can also try for a Humanitarian Parole:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60aRCRD

 


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Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94320
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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