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Kristi&Luigi

Will contacting the CIS Ombudsman jeopardize my pending k-1 application?

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Filed: K-1 Visa Country: Romania
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Hi guys, 

I made an expedite request due to humanitarian hardships as well as extreme financial loss. I have a SERIOUS health condition and moved overseas with my fiance so I can have his support. Every month we wait on his visa we are losing over 700$ worth in expenses and rent that would not be the case if his visa is granted soon as we will be living with my family until we are settled with jobs. I called my representative at the Senate and they made the expedite request for me. However it failed. 

 

I tried again for another expedite request as our conditions got even worser financially. If we don't get the visa soon we are likely to remain homeless. This time I filed under financial loss alone. They requested for more evidence. I sent in 18 pages worth. Denied under "not enough evidence". :(

 

I called yesterday USCIS and demanded to speak to a tier 2 supervisor as my representative at the senate advised me. The supervisor told me my only option left is to contact the Ombudsman. Now I am worried this will jeopardize my case. :(( Does anyone have any experience with CIS Ombudsman? 

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Filed: K-1 Visa Country: Wales
Timeline

I agree focus on your health.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

Nothing quick about involving the Ombudsman, health first.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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rent is normal.  all foreign family pay rent or housing.  normal.

 

u live in his country by choice.  u can go home to live with ur family.

 

separation is normal during immigration.

 

US government do not care when u choose to go to foreign country to live with spouse.  many people do this and everytime, us don't care.  US govermnet expect petitioner to work to meet I-864 in US and separation is normal.

 

u want to live with husband, complain about normal expense like rent, and want expedite.  not going to happen.  sorry.

 

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Filed: AOS (apr) Country: Saudi Arabia
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1 hour ago, BuiQuang said:

rent is normal.  all foreign family pay rent or housing.  normal.

 

u live in his country by choice.  u can go home to live with ur family.

 

separation is normal during immigration.

 

US government do not care when u choose to go to foreign country to live with spouse.  many people do this and every times, us don't care.  US govermnet expect petitioner to work to meet I-864 in US and separation is normal.

 

u want to live with husband, complain about normal expense like rent, and want expedite.  not going to happen.  sorry

From the spune of OP's last post,  there's no family to go home to, and he/she needs the fiance to care for him/her medically during this time. 

 

OP,  I'm sorry you are dealing with this, unfortunately it doesnt look like you're going to get your expedite.  As boiler stated, there's nothing fast about getting an Ombudsman on board. It looks like you're just going to have to wait it out. It won't hurt to get the Ombudsman on board, but I don't think it's going to give you a faster time frame. No one is stopping you from trying though. Good Luck! 

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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I'm sorry to hear about your poor health. Take care of yourself first.

 

Contacting the Ombudsman won't jeopardize your case.

 

That said, from USCIS's perspective, I can see why the financial loss expedite was declined. Why not seek medical assistance within the US? There are various medical assistants available within the US that may be covered under insurance or Medicaid. I understand why you want to be cared for by your fiancee, but expense-wise, it's a choice to live abroad for care.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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2 hours ago, Kristi&Luigi said:

Hi guys, 

I made an expedite request due to humanitarian hardships as well as extreme financial loss. I have a SERIOUS health condition and moved overseas with my fiance so I can have his support. Every month we wait on his visa we are losing over 700$ worth in expenses and rent that would not be the case if his visa is granted soon as we will be living with my family until we are settled with jobs. I called my representative at the Senate and they made the expedite request for me. However it failed. 

 

I tried again for another expedite request as our conditions got even worser financially. If we don't get the visa soon we are likely to remain homeless. This time I filed under financial loss alone. They requested for more evidence. I sent in 18 pages worth. Denied under "not enough evidence". :(

 

I called yesterday USCIS and demanded to speak to a tier 2 supervisor as my representative at the senate advised me. The supervisor told me my only option left is to contact the Ombudsman. Now I am worried this will jeopardize my case. :(( Does anyone have any experience with CIS Ombudsman? 

 

20 minutes ago, Meg&Andrew said:

From the spune of OP's last post,  there's no family to go home to, and he/she needs the fiance to care for him/her medically during this time. 

 

OP,  I'm sorry you are dealing with this, unfortunately it doesnt look like you're going to get your expedite.  As boiler stated, there's nothing fast about getting an Ombudsman on board. It looks like you're just going to have to wait it out. It won't hurt to get the Ombudsman on board, but I don't think it's going to give you a faster time frame. No one is stopping you from trying though. Good Luck! 

 

is it better to go to foreign country as visitor with no medicare for a person with SERIOUS ILLNESS or stay in US and get free Medicaid?

she have family to go home to.

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Filed: Citizen (apr) Country: Denmark
Timeline

The ombudsman will not jeopardize or slow down your case.  However, don't expect a quick response or one to your liking.  Our experience dealing with the ombudsman was less than satisfactory.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

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13 hours ago, Meg&Andrew said:

From the spune of OP's last post,  there's no family to go home to

..

 

16 hours ago, Kristi&Luigi said:

700$ worth in expenses and rent that would not be the case if his visa is granted soon as we will be living with my family until we are settled with jobs

The OP said outright they'd be living with family.

 

Also I would be very careful if trying to state that financial hardship is the reason for expediting the case, especially if the medical issue means you can't work when you get back to the US (also bearing in mind it's several months after arrival from my understanding before your partner will receive the right documents to legally work)  - it may be that they deny based on inability to support your partner, especially if having an extra 2 adults would stretch your family's budget when you go to live with them. They have a scale that they use for financials based on the number of adults/children in the household and the income of the sponsor/co-sponsor. 

 

I'm sorry if it sounds harsh, but if you have the option to go back to the US for medical treatment and to be living with family, that would probably be for the best.  Being apart sucks, we all know that, but putting your health at risk without proper treatment and with the additional stress of the financial side and trying to fight for an expedited case is probably doing more harm than good at this stage, especially when considering that if you don't have an airtight co-sponsor, pushing for expediting the visa based on huge financial losses is likely to result in the visa being declined for not having the means to support your partner. 

 

Again, not to be harsh, but to be honest based on what you have said and the issues caused by your illness (from the sounds of it you were asked to leave your previous job because of poor performance and attendance) I think you're vastly over-estimating your ability to get a good, well-paying job in a decent amount of time unless you can prove to them that your health issues are well and truly under control and won't result in the same thing happening. I know if I were hiring and spoke to references from a previous job who told me that the candidate had left due to health concerns, had been consistently late and was not performing at the expected level, unless they had a totally compelling or unique skill that I couldn't find in any other candidate would mean they wouldn't be hired. 

 

The best thing that you can do is get your health sorted out and get back to work so there's less likelihood of being declined based on the money side of thing.s

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Filed: Citizen (apr) Country: Jordan
Timeline

It's your choice to be living in another country while waiting. From USCIS standpoint they were correct in denying the expedite because you could move home and live with your family in order to take care of your health. Every single one of us had to be separated during the process, you are not special. I have Lupus and Rheumatoid Arthritis(2 very serious autoimmune diseases), I visited my husband during the process but lived and waited in the US so I could take care of my health. You can do the same. Sorry to be so blunt, but it's the truth.


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My wife is 8 and half months pregnant.. She is not able to work in the Dominican while she is pregnant.
Every month that goes by.. i have to spend 1200 to 1600 for her living expenses, add on paying new baby  and flight ticket costs.. Having a foreign spouse turns out to be a pretty penny. 

You should focus on NOT WORRYING and  just accept that you will go into debt.. Apply all that worry wart energy into regaining your health... Take some occupational training courses to increase your earning power while you wait..
And in a few years this ordeal will be a thing of the past.

We are all going through some type of financial hardship or another.. so feel free to vent on Visajourney.
 

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Filed: AOS (apr) Country: Saudi Arabia
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9 hours ago, dentsflogged said:

..

 

The OP said outright they'd be living with family.

 

Also I would be very careful if trying to state that financial hardship is the reason for expediting the case, especially if the medical issue means you can't work when you get back to the US (also bearing in mind it's several months after arrival from my understanding before your partner will receive the right documents to legally work)  - it may be that they deny based on inability to support your partner, especially if having an extra 2 adults would stretch your family's budget when you go to live with them. They have a scale that they use for financials based on the number of adults/children in the household and the income of the sponsor/co-sponsor. 

 

I'm sorry if it sounds harsh, but if you have the option to go back to the US for medical treatment and to be living with family, that would probably be for the best.  Being apart sucks, we all know that, but putting your health at risk without proper treatment and with the additional stress of the financial side and trying to fight for an expedited case is probably doing more harm than good at this stage, especially when considering that if you don't have an airtight co-sponsor, pushing for expediting the visa based on huge financial losses is likely to result in the visa being declined for not having the means to support your partner. 

 

Again, not to be harsh, but to be honest based on what you have said and the issues caused by your illness (from the sounds of it you were asked to leave your previous job because of poor performance and attendance) I think you're vastly over-estimating your ability to get a good, well-paying job in a decent amount of time unless you can prove to them that your health issues are well and truly under control and won't result in the same thing happening. I know if I were hiring and spoke to references from a previous job who told me that the candidate had left due to health concerns, had been consistently late and was not performing at the expected level, unless they had a totally compelling or unique skill that I couldn't find in any other candidate would mean they wouldn't be hired. 

 

The best thing that you can do is get your health sorted out and get back to work so there's less likelihood of being declined based on the money side of thing.s

I was going by OP's previous thread that said he/she only has brother to support him/her financially. That theres no family to go to. 

<3  Our K-1 Visa Journey <3

I-129f sent -- 2-18-2016        

NOA1 -- 2-24-2016

NOA2 -- 05-02-2016

NVC received -- 05-13-2016

NVC left -- 05-18-2016

Embassy received -- 5-22-2016

Interview Date -- 8-31-2016

Interview Result -- APPROVED!!!

AP -- (09-07-2016)

Visa Issued -- 9-08-2016

US Entry -- 09-24-2016

<3 MARRIAGE -- 10-21-2016 <3

AOS, EAD, AND AP Filed 01-05-2017

NOA1 -- 01-19-2017

Biometrics -- 02-06-2017

EAD and AP approved -- 05-19-2017

AOS approved -- 08-24-2017

Received card -- 09-01-2017

❤ Baby boy is here!! December 26th 2017 ❤

 

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  • 4 weeks later...
Filed: K-1 Visa Country: Romania
Timeline

Thank you everyone for your suggestions and sorry for the confusion. It's almost impossible to explain every little aspect of our struggle in one little post. I don't have a family to go back to, my brother can only offer shelter and funds until we are settled - as he wouldn't be home to care for me. That's why it is important that I arrive back to the states with my fiance. 

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