Jump to content
ali1632

Requesting expedited K-1

81 posts in this topic

Recommended Posts

Hi there, first post! :)

 

I'm a grad student in Maine and my fiancé lives in Barcelona. We met last summer, and decided to marry in October. We started paperwork for k-1 process in November, filed the I-129f in December, and got the NOA1 (electronic) earlier this week. (So far so good!) Today, I called the USCIS customer service line and requested expedited processing based on a pending financial loss. Here are the guidelines I followed: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

 

I've read posts from people who succeeded in proving a financial reason to expedite, and I'm hopeful, but I don't know how strong my case is. I've also seen posts from people who said their expedite requests were declined before they even had a chance to submit documentation. 

 

The agent was very kind and professional, and she logged the request with a short note that I was requesting on the grounds of financial loss over $900, and to contact me for proof. She said I would hear something via email in 5 days or less. She said they would either ask me for more information or they might just decline it. 

 

If I am given the opportunity to send in my documentation, it will prove a non-refundable round trip flight for me to go to Barcelona during the only week I have off this year (early March), in order to meet his family and help him relocate back here. I also have an estimate for international shipping for his personal items that I would otherwise be able to carry for free with my luggage allowance if I was there to help him move. Lastly, I have a letter from my Director that states that the week I want to travel is the only week this year that I am free to do so, because of the requirements of my graduate assistantship. In total, the issue amounts to a documented loss of $927 that will be incurred ((from the flight & the shipping)) if I can't help him relocate during that week in early March. 

 

I will keep updating as the process goes, but does anyone have any insight into whether my situation might qualify? Is there a typical threshold for financial loss to be considered? 

 

Also, I would love to know if anyone who's successfully been expedited found that the Consulate in the Beneficiary's home country also honored an expedited timeframe? If, for instance, USCIS expedites and approves us, say, next week, AND they can rush it through the NVC a bit, there will only be about 4-5 weeks left for the whole process from the Consulate receiving our file to the interview. (I'm asking for a decision by 2/28 so there is time for him to receive the visa in the mail before the flight home to Maine.) We plan to be ready for Packet 3 with all forms ready to go, but I'd love to hear if the Consulate will honor or ignore a USCIS decision to expedite.

 

Thanks to all with comments!

 

Best regards!

Ali

 

==================================

8/19/16 - Love at first sight under the harvest full moon in Barcelona (L)

10/23/16 - Engaged!

12/19/16 - I-129f sent

12/21/16 - I-129f received at lockbox

1/3/17 - NOA1 (text/email)

1/6/17 - Expedite request via phone

 

Share this post


Link to post
Share on other sites

Good luck! And thanks for posting your experience in detail!

 

That said, I'm not too optimistic about having your case expedited based on financial hardship. If a $900 loss is that large of a hardship, what about the upcoming medical exam fees (likely >$300), AOS packet (>$1200), etc.? I think the financial hardship is meant to cover "large" losses...like 4/5+ digit losses. I could be wrong, and I hope I am, but it's not an easy bar AFAIK. Otherwise almost everybody here would be doing it. :) My fiance alone may lose out on contract benefits because she needs to file renewal paperwork several months in advance, pass evals, etc.

 

The guidelines (https://www.uscis.gov/forms/expedite-criteria) indicate a "severe financial loss to company or person" is necessary. "Severe" is relative, but I think they'll have issues saying $900 is severe when even more than that will be required shortly after approval.

 

Please keep us updated! I'd love to hear that everything worked out for you. I just want to set realistic expectations. Better to be surprised than disappointed, right?

Share this post


Link to post
Share on other sites
1 minute ago, geowrian said:

The guidelines (https://www.uscis.gov/forms/expedite-criteria) indicate a "severe financial loss to company or person" is necessary. "Severe" is relative, but I think they'll have issues saying $900 is severe when even more than that will be required shortly after approval.

Yes, this was my line of thought too, but I figured it did not hurt to ask. It's not about a financial hardship, per se, it's just stating a financial loss. One case I read about was approved based on potentially losing 2 weeks of vacation that could not be rolled over into the following year, so who knows?

 

TBH, the impending fees combined with an additional $900 down the drain, that IS a lot to swallow for a graduate student. He is worth it, though! ;) 

Share this post


Link to post
Share on other sites
11 minutes ago, ali1632 said:

Yes, this was my line of thought too, but I figured it did not hurt to ask. It's not about a financial hardship, per se, it's just stating a financial loss. One case I read about was approved based on potentially losing 2 weeks of vacation that could not be rolled over into the following year, so who knows?

 

TBH, the impending fees combined with an additional $900 down the drain, that IS a lot to swallow for a graduate student. He is worth it, though! ;) 

Nah, and I'm glad you did post your experience. True, it's about the loss, not a hardship. But those items aren't completely unrelated here. $900 is not a severe loss IMHO. That's interesting about the vacation approval...but every request is looked at individually. Who knows what they will determine?

 

Well yes, that is a lot to swallow. But the loss is only the $900...required future fees shouldn't have any impact on whether or not the loss is substantial enough or not.

 

f f makes a good point regarding the cause of the loss...I think that may be an issue for you as well. The loss is avoidable, which will likely be taken into consideration.

 

Like I said, good luck and I hope to hear back with the results. Please update this post when you hear back!

Edited by geowrian

Share this post


Link to post
Share on other sites
6 minutes ago, f f said:

you could of gotten a refundable ticket but chose not to.

you can still help your fiance pack and meet the family during your trip and with thier plane ticket bring the bags over.

it is only $927 dollars. you will be spending $1225 once the fiance gets here for the aos and two years later another $680 for removal of conditions. 

 

one of the most important rules to learn is never buy plane tickets till you have the visa in hand.

 

good luck

Sure, I chose not to, because I didn't find any value in paying $200 extra for the right to change the date to ... oh wait, that's right, this is the only date I can travel. 

I do intend to fly regardless, even if the visa isn't granted in time, because by March, we'll be well overdue for a visit. I won't be bringing bags back with me if there isn't a visa yet, though, because if it's denied then half his stuff is in the States without him. 

 

And certainly I wouldn't have bought tickets if I couldn't be sure to use them. He will not be buying his until there's confirmation. 

 

I didn't submit this expedite request out of "hardship" over the $927 dollars. It's totally true that the process is expensive and that is only a small portion. But I would put all $927 on a bet that if a company (corporate interest) submitted an expedite request for a loss of that amount it would be approved. It's not a question of whether one can afford it, it's a question of unnecessary cost that can be avoided. 

 

All that being said, I know this request is a bit threadbare. But it doesn't hurt to try, and I won't send money & time down the drain if I don't absolutely have to. 

 

Thanks for your feedback! :)

Share this post


Link to post
Share on other sites
3 minutes ago, ali1632 said:

I didn't submit this expedite request out of "hardship" over the $927 dollars. It's totally true that the process is expensive and that is only a small portion. But I would put all $927 on a bet that if a company (corporate interest) submitted an expedite request for a loss of that amount it would be approved. It's not a question of whether one can afford it, it's a question of unnecessary cost that can be avoided.

1) I think that would be even less likely for a company to get approved. Well...any decently sized company (even very small business have revenue in the league of $100k/year).

 

2) Actually, it's not about whether a loss can be avoided. It's about whether the loss is considered "severe". Your idea of severe isn't the same as mine, which isn't the same as USCIS. Is it a raw number? Is it a percentage? Is it a minimum amount? In most cases, somebody is probably losing out money by waiting for normal K-1 processing. In my case alone, my fiance is losing several thousand dollars due to not being able to exit the contract at the end of its term...and having to renew it and exit it without completion. I know it's different with many other government areas...many are pretty flexible...but USCIS is a strict process that takes everything pretty seriously and strictly. Generally, expedited requests are for pretty rare cases.

Share this post


Link to post
Share on other sites
6 minutes ago, geowrian said:

The loss is avoidable, which will likely be taken into consideration.

Honestly, I agree that the cost of my plane tickets was/is an avoidable cost. But the cost to ship belongings I could take for free isn't an avoidable cost, because it's actually based on a receiving a timely decision, not my choices. 

I guess this will be a good litmus test of the criteria. 

 

 

Share this post


Link to post
Share on other sites
3 minutes ago, geowrian said:

In my case alone, my fiance is losing several thousand dollars due to not being able to exit the contract at the end of its term...and having to renew it and exit it without completion.

I'm curious if you've asked for expedited consideration based on that amount? If no, why the h*ll not? 

Share this post


Link to post
Share on other sites
Just now, ali1632 said:

I'm curious if you've asked for expedited consideration based on that amount? If no, why the h*ll not? 

I did not...because I don't think it was even somewhat likely to be approved. Many others have it worse than I do here.

Share this post


Link to post
Share on other sites
6 minutes ago, geowrian said:

I did not...because I don't think it was even somewhat likely to be approved. Many others have it worse than I do here.

I doubly hope mine gets approved now, so that it would prompt you to give it a shot! :) 

Best luck...

Share this post


Link to post
Share on other sites

Annnnnd, in the time it's taken for me to post about this and argue the merits of even attempting the request, I got a reply - not even 90 minutes after I called: 

 

Quote

The status of this service request is:

On 01/06/2017, you or your representative contacted USCIS concerning your I129F to notify us that you were requesting an expedited review of your case. Below is a summary of what we found and how the issue has been or may be resolved.

We reviewed your case, but we need additional information and/or documents before we can make a determination on whether your request meets the expeditious processing guidelines.

You may submit a letter explaining why your case qualifies for expedited handling. Please provide us any documentation or evidence you may have to support your request for expedited processing.

Please fax the documentation to support your request to the attention of WS13450B at (949) 389-3441, and return a copy of this letter with your response.  Please be sure to include English translations if the original document(s) is not in English.

We hope this information is helpful to you.
-------------------------------

 

Share this post


Link to post
Share on other sites
4 minutes ago, NuestraUnion said:

Don't you think frivolous expedite request like this bog down the process for others who really need it?

 

I mean i'm all for being proactive but requesting this because you will lose money on plane tickets seems a little unnecessary. The cost for immigration is laid out on here and the official government websites and anyone can budget for it.

 

We have seen people here with pregnancies and medical emergencies get denied for an expedite.

I hear you, and that's part of why I didn't do it myself. However, it's well within his right to request it and it's not fair to chastise somebody for doing what they are entitled to do.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×