expedite request

[ninjarocket 1]

I'm wondering whether to consider an expedite request and whether USCIS would consider it valid. Opinions would be appreciated.

Basically I filed a I-130 for my wife back in July 2007. Nothing has happened. Never heard anything back on any of the service requests I made. The bottom line is that USCIS have evidently ceased processing applications that were filed in July 2007. They are only processing 2008 petitions now.

My reasons for an expedite request might seem tenuous, however. Basically I work at what is historically a Govt. Weapons lab (Los Alamos) so my work is in the National Interest. I don't have anything to do with weapons themselves, but my work is still in the National Interest. But that's me. Why would they care about my wife? Well, the only case I can make is that I'm so severely demotivated at the moment with the way things are going that I am considering to quit my job in order to be with my wife and start a new life elsewhere. I know this sounds radical, but my options seem to be extremely limited. Tomorrow I have to travel abroad to give a talk at some conference. After that I have to host many visitors from a foreign country. All of this has become so much more stressful what with my complete loss of sleep of late and lack of motivation (I would even say depression). So the only thing I can hope for is a letter from my employer requesting my case to be expedited. However, maybe this sounds too tenuous for USCIS to consider?

Another possibility to consider is that I'm owed about $4000 in overpaid 2007 taxes as a result of filing my taxes jointly with my wife who doesn't earn anything as a student. I'm not sure I will even be able to collect this $4000 because it's not possible for me to open a joint bank account in the US without my wife being physically present at the bank. I wonder what USCIS considers to be financial hardship and whether $4000 would be considered enough? I've also spent almost $8000 in plane fares just to be with my wife since filing, flying back and forth across the Pacific multiple times, which isn't helping global warming one bit, but that probably doesn't count because it was a voluntary payment on my part- not to mention all of the hotel expenses etc......

Not sure whether I have a case. Opinions would be appreciated.

If I were to request a successful expedite service, does anyone know how it works and what will happen. I was just reading one of the threads on VJ where a woman was summoned to an interview at her local USCIS field office as a result of such an expedite request while her husband is abroad in Mexico. What does that mean? I thought they would only do that if they suspected visa fraud or something similarly serious.

[MarkNAshley 0]

I would suggest before filing for an expedite to get your senator or congressman involved. I know it has helped people, including myself, in the past. You might have more success in getting action taken on your case approaching it from that angle first.

[emt103c 10]

Since your case is older than the current processing dates then you are not really filing an expedite, you are filing a request that they process your case as they should have ALREADY DONE. Do contact your Senator or Congressman and get them to help figure out what is going on. In a case where you are outside normal processing dates as posted on the website, your liaison should be able to get results.

As for the "cases" you are making for "expediting" the application, those are considered normal hardships and would not need to be included. The USCIS does not care about how much we miss our spouses or how much money it costs us to visit them, etc. We are on our own. Expedited inside of normal processing times are only made for exceptional cases, like medical hardships, life or death, etc.

I don't want to worry you, but remember that there are quite a few steps that you still go through even once your I-130 is approved. I'm sorry that they have taken so long to process your I-130, you should really get your Senate or House Reps involved. Do you have a receipt number?? Have you been checking status online??

[ninjarocket 1]

I did indeed contact one of me senators just last week {see topic "USCIS nullify LIFE ACT"}. I tried to make this more broad and not just specific to my case. There seems to be a handful of other VJers whose July 2007 petitions haven't been looked at either, and for whom the K3 process, as it was originally intended, is not providing any relief. For that reason I'm suspecting USCIS will just respond by saying that it's "within their normal processing times." I see that other VJers have gotten such a response.

So in preparation for it being considered "within normal processing times" I need to consider other possibilities. I thought it might be considered in the National Interest if I'm impeded from doing my Gov't job properly by USCIS.

[emt103c 10]

For a long time the k3 process has not been much of a help in speeding up the USCIS level. . .the real speed up of a k3 case comes in the speed it can go through the NVC. While a CR or IR-1 case spends a lot of time gathering supporting documents at the NVC, a k3 allows the person a speedier interview at the consular level because most documents are turned in directly to the consulate as opposed to the "packet" system of the NVC.

I don't think the arguments you provided will help you get a speedier interview, as it is assumed separation from a loved one will cause depression, as it is for other people who are waiting in line just like you. . .the type of job should not get you put in line in front of someone who has been waiting longer. . .In fact it has been hypothesized that flooding the system with expedite requests actually slows things down, because the more they have to process expedite requests, the fewer cases they can process. . . Please, think of the people who have been waiting even longer than you have.

Again, in your case, I am glad that you have involved a Senator, it should be on it's way to the NVC already processed and approved!

[ninjarocket 1]

Clearly if I was going to make an expedite request I would consider the actual case very carefully. Use of terms like "depression" etc... would be somewhat stupid. I wasn't born yesterday. The application would effectively have to be filed on my behalf by my employer or senator or both, otherwise it would likely be a waste of time.

As for unprocessed July 2007 petitions, the one I sent in is the oldest of all of them, I believe. Therefore I would not be jumping ahead of anyone. With the exception of 1 or 2, all applications submitted between September 2007 and February 2008 have already been approved. Clearly something with the system is broken.

The situation with k3 visas doesn't seem to be understood by many. They were originally intended for those applicants with long I-130 wait times (a situation that has re-emerged recently). USCIS has found a way to defeat their original purpose, however, by relegating them merely to a faster track through NVC. They are not complying with the LIFE ACT by not approving K3 visas for those whose I-130 is being held up somewhere.

I'm sorry to see that your own time line has become very long. At least Canada is very near.

[NicoleX08 1]

Ninja, you are through California and they have posted November 17, 2007 as their current processing times. Thus you are out of processing times. You could use USCIS error as an expedite request. That is my opinion though, it is up to you.

[Army_Wife 2]

I agree with Nicole and as you're out of processing time, you have the right to make a fuss for them to adjudicate your case.

As far as National Interest Expedites are concerned .... I believe you have a case as you cannot afford for loss of concentration in your job due to the unnecesary stress caused by the delays in processing of your I-130 which affects the safety of the United States ..... which is a National Interest aspect.

Please check out my Expedite Tips thread .... link is my signature.

For those who think that your job shouldn't be part of consideration for expedite ..... there's a ton of people on here with jobs that cannot be affected by outside and abnormal stresses .... i.e. immigration delays.

As far as flooding the system with expedites .... not everyone works for or with the government. And those who apply would be prudent to back their requests up with other expedite criteria too.

Your finances, if dire, should definately be added to the mix .... especially prior to receiving the $4000.

Depression and missing your spouse is not part of the deal .... if however, you could make mistake when it comes to US Government weapons because the stress of these delays are getting to you .... then you have a valid reason to apply for the expedite.

Always use a strongly written letter from your boss on government headed paper .... the higher up the chain the boss is, the better.

Think out of the box .....

[emt103c 10]

I would like to re-state that I AM GLAD the OP contacted his Senator. His case is outside normal processing and SHOULD BE looked into. I also believe that USCIS is consistently behind and that we all have a right to be upset and proactive.

[William33 110]

I agree with Nicole and as you're out of processing time, you have the right to make a fuss for them to adjudicate your case.

As far as National Interest Expedites are concerned .... I believe you have a case as you cannot afford for loss of concentration in your job due to the unnecesary stress caused by the delays in processing of your I-130 which affects the safety of the United States ..... which is a National Interest aspect.

Please check out my Expedite Tips thread .... link is my signature.

For those who think that your job shouldn't be part of consideration for expedite ..... there's a ton of people on here with jobs that cannot be affected by outside and abnormal stresses .... i.e. immigration delays.

As far as flooding the system with expedites .... not everyone works for or with the government. And those who apply would be prudent to back their requests up with other expedite criteria too.

Your finances, if dire, should definately be added to the mix .... especially prior to receiving the $4000.

Depression and missing your spouse is not part of the deal .... if however, you could make mistake when it comes to US Government weapons because the stress of these delays are getting to you .... then you have a valid reason to apply for the expedite.

Always use a strongly written letter from your boss on government headed paper .... the higher up the chain the boss is, the better.

Think out of the box .....

Um, no. Expedites only happen for active members of the military and certain others that are not represented in this case. Be sure to have positive topic knowledge, before you make broad statements of fact on immigration.

[NicoleX08 1]

I agree with Nicole and as you're out of processing time, you have the right to make a fuss for them to adjudicate your case.

As far as National Interest Expedites are concerned .... I believe you have a case as you cannot afford for loss of concentration in your job due to the unnecesary stress caused by the delays in processing of your I-130 which affects the safety of the United States ..... which is a National Interest aspect.

Please check out my Expedite Tips thread .... link is my signature.

For those who think that your job shouldn't be part of consideration for expedite ..... there's a ton of people on here with jobs that cannot be affected by outside and abnormal stresses .... i.e. immigration delays.

As far as flooding the system with expedites .... not everyone works for or with the government. And those who apply would be prudent to back their requests up with other expedite criteria too.

Your finances, if dire, should definately be added to the mix .... especially prior to receiving the $4000.

Depression and missing your spouse is not part of the deal .... if however, you could make mistake when it comes to US Government weapons because the stress of these delays are getting to you .... then you have a valid reason to apply for the expedite.

Always use a strongly written letter from your boss on government headed paper .... the higher up the chain the boss is, the better.

Think out of the box .....

Um, no. Expedites only happen for active members of the military and certain others that are not represented in this case. Be sure to have positive topic knowledge, before you make broad statements of fact on immigration.

Um No, expedites don't only happen for those in the military. Read up on expedite criteria on the USCIS website before you make statements you can't back up.

[rebeccajo 14]

I agree with Nicole and as you're out of processing time, you have the right to make a fuss for them to adjudicate your case.

As far as National Interest Expedites are concerned .... I believe you have a case as you cannot afford for loss of concentration in your job due to the unnecesary stress caused by the delays in processing of your I-130 which affects the safety of the United States ..... which is a National Interest aspect.

Please check out my Expedite Tips thread .... link is my signature.

For those who think that your job shouldn't be part of consideration for expedite ..... there's a ton of people on here with jobs that cannot be affected by outside and abnormal stresses .... i.e. immigration delays.

As far as flooding the system with expedites .... not everyone works for or with the government. And those who apply would be prudent to back their requests up with other expedite criteria too.

Your finances, if dire, should definately be added to the mix .... especially prior to receiving the $4000.

Depression and missing your spouse is not part of the deal .... if however, you could make mistake when it comes to US Government weapons because the stress of these delays are getting to you .... then you have a valid reason to apply for the expedite.

Always use a strongly written letter from your boss on government headed paper .... the higher up the chain the boss is, the better.

Think out of the box .....

Um, no. Expedites only happen for active members of the military and certain others that are not represented in this case. Be sure to have positive topic knowledge, before you make broad statements of fact on immigration.

Um No, expedites don't only happen for those in the military. Read up on expedite criteria on the USCIS website before you make statements you can't back up.

Um no, show us your anecdotal evidence of civilians who have received expedites. Not applied for them, but received them.

In 3.5 years on this forum, I have known of only two, both for dire medical problems of the USC.

USCIS can have criteria and written policy. But it doesn't mean they can't make the window for that criteria a very narrow one.

The criteria "USCIS error" is reserved for lost files and other true mishaps. Not a case that is sitting in line with others.

[F1Belle 0]

I got an expedite request approved for my husbands waiver due to severe financial hardship and medical issues. I asked my senator if he would submit the request. He agreed that we more than met the criteria for an expedite, and he recommended that it be granted. I prepared the expeidte packet with the suporting evidence and my senators office submitted it for us.

[Ilya R. 0]

I agree with Nicole and as you're out of processing time, you have the right to make a fuss for them to adjudicate your case.

As far as National Interest Expedites are concerned .... I believe you have a case as you cannot afford for loss of concentration in your job due to the unnecesary stress caused by the delays in processing of your I-130 which affects the safety of the United States ..... which is a National Interest aspect.

Please check out my Expedite Tips thread .... link is my signature.

For those who think that your job shouldn't be part of consideration for expedite ..... there's a ton of people on here with jobs that cannot be affected by outside and abnormal stresses .... i.e. immigration delays.

As far as flooding the system with expedites .... not everyone works for or with the government. And those who apply would be prudent to back their requests up with other expedite criteria too.

Your finances, if dire, should definately be added to the mix .... especially prior to receiving the $4000.

Depression and missing your spouse is not part of the deal .... if however, you could make mistake when it comes to US Government weapons because the stress of these delays are getting to you .... then you have a valid reason to apply for the expedite.

Always use a strongly written letter from your boss on government headed paper .... the higher up the chain the boss is, the better.

Think out of the box .....

Um, no. Expedites only happen for active members of the military and certain others that are not represented in this case. Be sure to have positive topic knowledge, before you make broad statements of fact on immigration.

Um No, expedites don't only happen for those in the military. Read up on expedite criteria on the USCIS website before you make statements you can't back up.

Um no, show us your anecdotal evidence of civilians who have received expedites. Not applied for them, but received them.

In 3.5 years on this forum, I have known of only two, both for dire medical problems of the USC.

USCIS can have criteria and written policy. But it doesn't mean they can't make the window for that criteria a very narrow one.

The criteria "USCIS error" is reserved for lost files and other true mishaps. Not a case that is sitting in line with others.

My buddy got his expedite approved due to humanitarian reason, so its possible.

[*JG* 2]

I got an expedite request approved for my husbands waiver due to severe financial hardship and medical issues. I asked my senator if he would submit the request. He agreed that we more than met the criteria for an expedite, and he recommended that it be granted. I prepared the expeidte packet with the suporting evidence and my senators office submitted it for us.

You filed in March 2004 and were approved in June 2005 and that is expedited???????

I agree with Nicole and as you're out of processing time, you have the right to make a fuss for them to adjudicate your case.

As far as National Interest Expedites are concerned .... I believe you have a case as you cannot afford for loss of concentration in your job due to the unnecesary stress caused by the delays in processing of your I-130 which affects the safety of the United States ..... which is a National Interest aspect.

Please check out my Expedite Tips thread .... link is my signature.

For those who think that your job shouldn't be part of consideration for expedite ..... there's a ton of people on here with jobs that cannot be affected by outside and abnormal stresses .... i.e. immigration delays.

As far as flooding the system with expedites .... not everyone works for or with the government. And those who apply would be prudent to back their requests up with other expedite criteria too.

Your finances, if dire, should definately be added to the mix .... especially prior to receiving the $4000.

Depression and missing your spouse is not part of the deal .... if however, you could make mistake when it comes to US Government weapons because the stress of these delays are getting to you .... then you have a valid reason to apply for the expedite.

Always use a strongly written letter from your boss on government headed paper .... the higher up the chain the boss is, the better.

Think out of the box .....

Um, no. Expedites only happen for active members of the military and certain others that are not represented in this case. Be sure to have positive topic knowledge, before you make broad statements of fact on immigration.

Um No, expedites don't only happen for those in the military. Read up on expedite criteria on the USCIS website before you make statements you can't back up.

Um no, show us your anecdotal evidence of civilians who have received expedites. Not applied for them, but received them.

In 3.5 years on this forum, I have known of only two, both for dire medical problems of the USC.

USCIS can have criteria and written policy. But it doesn't mean they can't make the window for that criteria a very narrow one.

The criteria "USCIS error" is reserved for lost files and other true mishaps. Not a case that is sitting in line with others.

My buddy got his expedite approved due to humanitarian reason, so its possible.

Anything is possible. But, if it were easy, everyone would do it. The window needs to be very narrow to avoid the rush of people who would expedite because they didn't want to wait out the process.

Edited June 3, 2008 by Jomo's girl