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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I just wanted to share that we expedited all the way from the I-129f, nvc and embassy to the AOS, and at each stage things have progressed very quickly.

Here is our current situation:

Jun 13, 2011: File Sent, Jun 14: File Rec (Sent alone with expedite request)

Jun 16: USCIS text and emailed numbers for each form

Jun 17: Telephone expedite in addition to the one sent with the forms

Jun 17: Check cashed $1070

Jun 20: Expedite evidence faxed

Jun 20: NOA Rec dated Jun 15

Jun 22: I-131 Approved

Jun 22: I-765 approved but suspended until biometrics completed

Jun 24: I-485 transferred to CSC

Jul 5: Biometrics

In my telephone expedite request, a problem occured, NBC sent the request for evidence to the wrong email due to an error on USCIS part. It took five hours calling USCIS, and threatening legal action, and having them send emails to the NBC for someone to be sensible and send a fax of the request for evidence. That email was important when faxing the information. I ended up sending my fax for evidence 4 times to compensate for the USCIS errors.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Expedites based on what with what evidence? No random expedite will just be approved without evidence! Of course expedites do work but you need to meed the criteria and give them what they need to approve it.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

Expedites based on what with what evidence? No random expedite will just be approved without evidence! Of course expedites do work but you need to meed the criteria and give them what they need to approve it.

Of course no random expedite would work, but they do work if there is a severe financial and medical need. In our case it was the need of the US petitioner that the expedite was made. That same need continued throughout the process. She is not dying but requires regular expensive medication and doctor appointments, which caused a severe financial loss.

Its all about putting together a strong case, making sure everyloop hole is covered, and sometimes a little push.

Edited by Paul and Elizabet
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Of course no random expedite would work, but they do work if there is a severe financial and medical need. In our case it was the need of the US petitioner that the expedite was made. That same need continued throughout the process. She is not dying but requires regular expensive medication and doctor appointments, which caused a severe financial loss.

Its all about putting together a strong case, making sure everyloop hole is covered, and sometimes a little push.

I'm not sure I'm understanding the justification for an expedite. Would the financial loss have been any different if she wasn't marrying a foreigner? Or, was the basis for the expedite that she needed her fiance/spouse to come and get a job to help her pay her medical bills?

I'm just curious because I've seen lots of expedite requests based on financial hardship that have been shot down because the petitioner is required to submit an affidavit of support showing that they are not only self-sufficient, but capable of supporting their foreign spouse, as well.

And did you really threaten them with legal action because they sent an RFE to the wrong email address? Man, that's pretty gutsy. Knowing how many times in this whole immigration process there's going to be an immigration officer with the discretion to say "no", I would be pretty reluctant to do anything that might piss them off. :blush:

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted (edited)

I'm not sure I'm understanding the justification for an expedite. Would the financial loss have been any different if she wasn't marrying a foreigner? Or, was the basis for the expedite that she needed her fiance/spouse to come and get a job to help her pay her medical bills?

I'm just curious because I've seen lots of expedite requests based on financial hardship that have been shot down because the petitioner is required to submit an affidavit of support showing that they are not only self-sufficient, but capable of supporting their foreign spouse, as well.

And did you really threaten them with legal action because they sent an RFE to the wrong email address? Man, that's pretty gutsy. Knowing how many times in this whole immigration process there's going to be an immigration officer with the discretion to say "no", I would be pretty reluctant to do anything that might piss them off. :blush:

The basis was for the fiance to come, work and help pay her medical bills. We used a co-sponsor even though her income was just above the threshold. The medical bills are extreme, and something that will require money year in year out.

They requested evidence in an email. Without that email I couldnt sent the evidence as emailed required when faxing. One person told me there was nothing I could do, and couldnt put a new request in. Another person said send it anyway and see what happens. Another person said if you dont send with the email it will be rejected. So I was in a difficult position. Being faced with not having an expedite I pushed as needed to get someone to fax the email to me. That was a simple solution but one no-one else was willing to offer. I need to work and support my wife.

Also, we pay a lot of money for this process, and that should bring about a high standard of customer service. We are not just numbers, but people, with hopes, dreams, desires, problems. I dont expect a script or a brick wall, but when needed, a bit of understanding.

Edited by Paul and Elizabet
Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

And just to add, it isnt easy to get an expedite based on medical and financial grounds. We provided a letter from hospital outlying my wifes condition, bank statements, medical bills, cost of drugs, and all the supporting evidence we could get out hands on to prove our expedite case. It wasnt an easy process, in fact very stressful.

Also, there are some good people at USCIS tier 2 who are helpful and offer good advice. Who take the time to look into a case and listen. I did experience others who wanted to stone wall me, but if I new something different to what they were saying, I made them check the information, and was confirmed in my hypothesis or understanding. As for tier 1, they read of a script. I can tell you all the answers to the opening questions, in fact, I tell them when I make the call. They can take forever, and always end up upgrading my call. But if something goes wrong as things do in life, and its off the script, its very hard to get something done. After 5 hours on the phone, numerous calls, having to go through tier 1 and being stone walled with tier 2, I decided to defend my cause. But it was a good person who eventually said, u know what, I can see you cant send the evidence without the email, so i will fax you a copy of the email. Such a simple act, a nice gesture.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Congrats. I'm glad you managed to get things to work out in your favor. :thumbs:

Just a comment about the fees you paid that might put things in perspective. Every time anyone makes a request from the US government for any type of service they should have a reasonable expectation of professional service. The only difference between a request made to USCIS or one made to the Social Security Administration or the IRS or any other government agency is that requests to the USCIS are paid for by the requestor, while most other government agencies are paid by the taxpayers in general. We all share the costs of services by most government agencies through our taxes, but Congress felt it was unfair for taxpayers to carry the load for individuals to help their family members immigrate.

In other words, your right to timely and professional service is no greater and no less simply because you paid for it out of pocket. All government agencies have an equal responsibility to strive to give the best quality service possible because their customers are paying for that service.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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