I feel like my husband is being fooled by uscis

[Amanda and Josh 12]

nope.

usc dad is in the us. non-usc mom is in brazil with usc baby until the cr1 is approved/issued which is likely to be a number of months.

would you prefer she was only given advice that was warm and fuzzy?

No but a little bit of compassion for the situation wouldn't go astray

[alizon 77]

I've seen very little criticism of your desire for an expedite here. People are just trying to give you options, in case your expedite isn't approved (no one is saying that it shouldn't be!) or if even the expedite isn't fast enough. It doesn't seem like anyone has been malicious in their intentions.

[gad33 47]

Only USCIS can decide at this stage if your case can be expedited but the members here can help you with how to prepare your case.

Expedited or not your application will not skip any part of the process so while you are waiting make sure you have all the documents/paperwork required for each stage. Remember your household is 4 (USC, wife, older child and new baby), when looking at the income required.

[Boiler 43,595]

did I say that they shouldn't be together? What I said was it is cruel to imply that she should just let her child go. I am certain that if the Brazilian healthcare system can take care of the child sufficiently to provide a feeding tube, medications and testing that they will be able to keep her alive, not optimal but doable. Having a sick child is stressful and the parents deserve to be together to support each other, neither one of them should have to suffer alone with this. I have been waiting for my visa for a long time also but i don't resent these parents for doing what ever they can to expedite there request and I don't understand why so many people here seem to think it is such a terrible thing. Arn't we supposed to support each other on this journey?

I am surprised she can not get care in Brazil. But I have never been there.

She has the CR1 process plus it sounds a waiver for illegal presence.

None of this is going to happen anytime soon, expedite or not.

The expedite seems to be based on the Father's inability to look after the child in the US due to financial constraints and nobody else being able to, plus the medial necessity of the baby being in the US.

I presume all this has been documented but I am not certain.

So given the child has an immediate medial ondition requiring a speedy return to the US, what do you suggest?

Edited January 29, 2012 by Boiler

[Darnell 8,478]

And the pount of this post was to know if we needed a referral number in order to know that they are working on the expedite or not.

Best thing to do, is to get an ISO, each time the USCitizen Petitioner calls in, and ask about the expedite status.

'Referral Number' ? useless, at this point.

[mr and mrs 187]

im curious about what the status of the f1 visa is/was. never got resolved/answered in the old thread from last month.

there was at one point talk of attempting to re-enter on the f1, but the OP was advised not to use a non-immigrant visa to immigrate. [keep it legit, folks!]

was the f1 terminated? was illegal presence accruing when the OP took the leave of absence from school? or when she did not enroll for spring 2012? were the extenuating circumstances of her daughters health reason enough to keep her in status? did she trigger a ban upon exiting the US in november 2011?

i do think there will be an expedite given and that will likely happen quite soon. but the question is will there be further delays in the issuance of the cr1 visa owing to the possibility of the need to file a waiver to overcome ineligibilty based on illegal presence.

i sincerely hope not.

let us know what you find out on monday. maybe it will be good news. seems like you are due for some.

[GVMack 9]

I believe everyone on here is trying to help you. It may seems as some are reacting to your comments as being alil rude and somewhat harsh. I had to stop myself from thinking wow is this lady really like this, when it came to some of your comments too.

I feel sad for your babygirl and the situation that your in. Any child whether hers, your or mine deserves the best health care available.

Try to think about others aswell, and not be so quick in disregarding their situations.

Keep doing what your doing in your process and just be positive and remember KARMA.

[BzmommytoAmerican 8]

Yes i will have to file a waiver. My DSO said she canceled my I-20 thinking i had changed my status already.lnice. We spoke with one of the best lawyers that people use on immigrate2us. She sais my changes for an expedite on the waiver is really high, there is a member here thatexpedited the whole process including waiver and his process was 102 days. So we got hope.

[mr and mrs 187]

#######. a waiver.

well it sounds like youve found a very exerienced immigration lawyer. (who is it?) good news indeed!

lets see what they have to say about the USCIS expedite tomorrow.

[BzmommytoAmerican 8]

Elizabeth cannon

[BzmommytoAmerican 8]

One of her cases with overstay did not even need a waiver. Look her up on facebook. Her sucess rate is incredible.

[mr and mrs 187]

ive read very very good things about her. looks like you are in good hands!

[Boiler 43,595]

One of her cases with overstay did not even need a waiver. Look her up on facebook. Her sucess rate is incredible.

It is the length of the overstay that counts - 3 or 10 year ban.

Or if under 6 months none.

[BzmommytoAmerican 8]

3 yearsithink

And that case had inadbisility sorry if i spelled wrong

[together4evr 360]

I am sorry for what you are going through. I feel your pain completely. Many years ago I had to make choices in the best interest of my kids.

I had twins 2 months early. They were in the hospital for weeks. At home they needed more care then the normal kids.

I had choices to make. Allow them to stay in the hospital alone while I worked and then I could have left them with daycare. There are Home Health nurses in the USA. They are on call 24 hours a day if the Dobhoff feeding tube comes out the kids need to go to ER anyhow cause that tube needs an xray to verify placement. Home nurses cannot perform that function. I am a home health nurse.

Anyhow, I chose to stay with my kids full time, lose my job, home, car and everything to make sure they were safe. I had alot of medical bills. In the end everything worked out. And I am happy with my decisions.

If I were in your shoes...and they denied the expedite...I would care so deeply for the well being of my kids that I would send them to the USA alone with their father and get home health care which will be covered by his insurance but a co-pay will be required each visit. Then immediately after she is in the usa I would file another expedite to state financial and medical hardships of husband alone cannot provide the care she needs without losing his job and home and it could cause financial diaster if mom is not with them in USA. He can take 12 weeks off for mdical reasons to care for his kid and by then maybe you will be here on an expedite? You do have options.

Everyone is different and has different priorities. Please think about what is best for her. Is she really on his insurance plan? Because if she is not then they will not accept her with pre existing medical conditions anyhow. So, sending her to usa will not help her without insurance.

You have much to think about. I am glad you have a good lawyer and I am sorry for your pain. I pray your expedite is approved. Please keep us updated.

Sincerely,

a loving mom