Burden of proof for expediting K1 Visa

[jayz81 0]

I have applied for a K1 fiance visa. I talked with USCIS , and they told me i can expedite the fiance visa , but the burden of proof is on me . My situation is that my fiance is a Chinese citizen , but is going to college in Japan . Her mailing address for over 5 years has been in Japan , so we requested a interview in either Tokyo or Nara Japan . In February , she will have to pay college expenses again for college , and renew a i year lease on her apartment . Would this fall under burden of proof for financial hardship ? Also , USCIS informed me that right now they are processing visas from March 11th 2011. My visa application was received on April 11th 2011. Does anyone have any estimate of how long of a processing time i could expect ? USCIS had no answer in regards to this .

[Piefre 15]

There are very few circumstances to expedite a K1 Visa. The major ones are:

1) If the US petitioner is a member of the military and is facing deployment.

2) If the beneficiary resides in a country that has experienced a major natural or man made disaster or political instability.

3) There is a medical emergency or terminal illness.

4) There will severe financial loss to a company or individual.

Your fiance possibly having to renew a yearlong lease probably won't qualify you guys for an expedite. However, it does not hurt for you to try filing for one anyway. It won't negatively impact your petition if you get denied an expedite so you might as well try.

You can read more about what sorts of cases USCIS will consider for expedite here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Also you indicated that you got your NOA1 in April. Both CSC and VSC are processing mostly May or later. You need to call them up and put in a service request (different from an expedite) as you are now outside of normal processing time unless you got an RFE (normal processing time seems to be 5 to 6 months).

edit - I just saw on your timeline that you got an RFE on September 7th. When did VSC acknowledge your RFE response? If it's been over 60 days since they acknowledged getting your RFE then call them and put in a service request.

Edited November 7, 2011 by Piefre

[jayz81 0]

There are very few circumstances to expedite a K1 Visa. The major ones are:

1) If the US petitioner is a member of the military and is facing deployment.

2) If the beneficiary resides in a country that has experienced a major natural or man made disaster or political instability.

3) There is a medical emergency or terminal illness.

4) There will severe financial loss to a company or individual.

Your fiance possibly having to renew a yearlong lease probably won't qualify you guys for an expedite. However, it does not hurt for you to try filing for one anyway. It won't negatively impact your petition if you get denied an expedite so you might as well try.

You can read more about what sorts of cases USCIS will consider for expedite here:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Also you indicated that you got your NOA1 in April. Both CSC and VSC are processing mostly May or later. You need to call them up and put in a service request (different from an expedite) as you are now outside of normal processing time unless you got an RFE (normal processing time seems to be 5 to 6 months).

edit - I just saw on your timeline that you got an RFE on September 7th. When did VSC acknowledge your RFE response? If it's been over 60 days since they acknowledged getting your RFE then call them and put in a service request.

I contacted them today , and they said it falls under normal processing timelines. I already filled a service request as well . It is just making me wonder why this is taking so long . Thank you for the reply. I guess I will just have to wait a bit longer . I hope i get a answer soon.