Can someone tell me if I can get my case expedited??

[marce4905 0]

Hi everyone.. I would really appreciate if any of you can help me with some questions I have about the NVC. I got married two years ago, my husband who was born in the Us is also an active military member.. Although our I130 was submitted to USCIS on feb 2007, I got deported to my homecountry about seven months ago.. they didnt care about my marriage our my pending process with immigration..

Anyhow.. Im in Colombia now and our I-130 has been approved already for three months.. though the NVC still doesnt have it, but it will pretty soon.. (hopefullY). After I was deported my husband (who by the way has no other family members in the US) is going through a really severe depression.. well doctors have told us that he has Post Traumatic Stress Syndrome.. my question is..

Can we get our case expedited on those grounds? some lawyers have told me that being depressed is not enough but I called the NVC last week and I told them about my husband's military status and they said as soon as they receive the case it can be expedited (or they can process it faster I guess) because of that.. is that true? has anybody here gone through the same? or do military members have some kind of benefit with the NVC?

I trully appreciate your advice.

Marcela

[Mononoke28 134]

Marcela,

If the USCIS already approved your I-130, the NVC should have received it by now. Three months is a very long time and what your husband now needs to do is make an infopass appointment with his local Immigration office to find out what happened and he should not walk out until he gets a good explanation from them, at least that's what I would do.

Now since all you have left is the NVC process, it will be a waste of time for you to expedite especially since the only reason you have for that is his depression. Once the NVC receives your approved petition and you follow either the shortcuts or instructions on how to deal with them online (found here in the NVC forum), your case should be completed within 1½-3 months. But your husband needs get in touch with the USCIS ASAP and find out why it has been three months already and the NVC doesn't have anything for you.

Diana

[marce4905 0]

Marcela,

If the USCIS already approved your I-130, the NVC should have received it by now. Three months is a very long time and what your husband now needs to do is make an infopass appointment with his local Immigration office to find out what happened and he should not walk out until he gets a good explanation from them, at least that's what I would do.

Now since all you have left is the NVC process, it will be a waste of time for you to expedite especially since the only reason you have for that is his depression. Once the NVC receives your approved petition and you follow either the shortcuts or instructions on how to deal with them online (found here in the NVC forum), your case should be completed within 1½-3 months. But your husband needs get in touch with the USCIS ASAP and find out why it has been three months already and the NVC doesn't have anything for you.

Diana

Thank you so much for answering.. I dont know if you are right about the NVC process through.. my I130 was approved but according to uscis and NVC they have 90 days to pass it between them.. and truth is we're not completely there yet.. I mean we're missing a couple of days.. guess we'll just have to wait.. the other thing is.. how would the process be completed in three months??? am I not supposed to wait for like a year and a half for an appointment? at least thats what every lawyer has said to us.. supposebly I need to wait for a visa number to become available here in Colombia.. so I dont know if im wrong??? thats why I am asking if anyone here knows anything about military members and benefits for them in the NVC? Im pretty sure they must have some kind of advantage over everyone else...

[Mononoke28 134]

Oh no, no, no, lawyers, lawyers.

Based on the information you've provided I gather that your US citizen husband submitted an I-130 for you to receive a CR1 visa, correct? If this is the case, you do not have to wait for a visa number from the embassy since you are an immediate family member. Immediate family members get their visas without having to wait for a number.

With that said, the NVC will take about 3 months to process everything, now you can also choose to pay the bills online and print the coversheets for the I-864 and DS-230 and that will shorten the time you spend at the NVC by about 40%. After the NVC is done processing your documents, they will make an appointment with the US embassy in Bogotá, this takes 2 weeks. So if they receive your case this week and you send them everything they request on time, you will probably get an interview in October or November but no later than December.

Diana

Edited June 12, 2008 by Mononoke28

[payxibka 10,044]

The I-130 is 15 months old and the deportation was 7 months.... The I-130 was submitted while the OP was in country.... There is nothing that indicates an I-485 however (not sure it makes a difference)...

[marce4905 0]

Oh no, no, no, lawyers, lawyers.

Based on the information you've provided I gather that your US citizen husband submitted an I-130 for you to receive a CR1 visa, correct? If this is the case, you do not have to wait for a visa number from the embassy since you are an immediate family member. Immediate family members get their visas without having to wait for a number.

With that said, the NVC will take about 3 months to process everything, now you can also choose to pay the bills online and print the coversheets for the I-864 and DS-230 and that will shorten the time you spend at the NVC by about 40%. After the NVC is done processing your documents, they will make an appointment with the US embassy in Bogotá, this takes 2 weeks. So if they receive your case this week and you send them everything they request on time, you will probably get an interview in October or November but no later than December.

Diana

I guess it is for a CR1 Visa... so the only question left and if you are right ( which would be a great relief) we do have to file for a waiver.. since I was deported as I said before and my deportation order came from like 8 years ago... doesnt that make the process longer? although as the lawyer said (agaiN), both the waiver and the residence are done at the same appointment at the embassy... but I dunno so if you know something please let me know.. and one last question.. how do you pay for the affidavit and de Ds online? just at the NVC page? and do you do that after you receive the first package from them or when? Im sorry I ask so many questions but this is a pretty confusing process and I have no idea whatsoever.

I thank u again

[Mononoke28 134]

Oh you're right, I totally forgot you were deported but it has been over eight years, so the wait time may not be as long. But this still doesn't explain why the NVC doesn't have your approved petition yet, which again, I think it's something you should look into. The embassy will be the one dealing with the waiver so they're the ones who will be calling the shots.

As for the NVC fees, there are a lot of threads in this forum as well as the IR1/CR1 forum. I would suggest you start reading pages 1, 10 & 11 of the Timesavers thread, which is the very first one on this forum. Also, try to look for threads that deal with the new NVC online payment system which it was implemented in April of this year.

Diana

[marce4905 0]

Oh you're right, I totally forgot you were deported but it has been over eight years, so the wait time may not be as long. But this still doesn't explain why the NVC doesn't have your approved petition yet, which again, I think it's something you should look into. The embassy will be the one dealing with the waiver so they're the ones who will be calling the shots.

As for the NVC fees, there are a lot of threads in this forum as well as the IR1/CR1 forum. I would suggest you start reading pages 1, 10 & 11 of the Timesavers thread, which is the very first one on this forum. Also, try to look for threads that deal with the new NVC online payment system which it was implemented in April of this year.

Diana

OK WELL THANK YOU VERY MUCH, I REALLY APPRECIATE ALL YOUR HELP AND YEAH LIKE YOU SAY HOPEFULLY THIS WONT TAKE THAT LONG.

THANKS AGAIN