K1 expedite

[Melhertz 0]

Hello. I am pretty new here and in the process of putting together our petition. I possibly have a two fold reason for expedite. My fiancees son is going to be 20 this November 2013. My fiancee is still in the process of finalizing her annulment. I have congestive heart failure which gets aggravated with stress and anxiety. What is the process to expedite? And do I have possible reason for expedite request? Possible age out and petitioners medical issue? Anyone who has experienced or knowledge pls reply. Thank you all.

[baron555 934]

Nope no reason

[HollyGolightly 72]

My fiancee is still in the process of finalizing her annulment.

At what stage is the annulment process? You are aware that without the annulment decree your fiancé does not have legal capacity to remarry.

An annulment is a lengthy process that takes at least 2 years to complete. It is adversarial in the Philippines, hence, even when neither of the parties contest the dissolution of the marriage the state (through the solicitor general) takes it upon itself to oppose the petition consistent with its policy to promote the "sanctity of marriage".

Before considering your options on expediting your K1 process, think about your fiance's annulment first. It will be a pain to rush into the process and be denied later on.

[Pitaya 2,577]

Welcome to the forum.

Here is the link to the USCIS expedite criteria:

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

Good luck.

[Melhertz 0]

At what stage is the annulment process? You are aware that without the annulment decree your fiancé does not have legal capacity to remarry.

An annulment is a lengthy process that takes at least 2 years to complete. It is adversarial in the Philippines, hence, even when neither of the parties contest the dissolution of the marriage the state (through the solicitor general) takes it upon itself to oppose the petition consistent with its policy to promote the "sanctity of marriage".

Before considering your options on expediting your K1 process, think about your fiance's annulment first. It will be a pain to rush into the process and be denied later on.

First I would not have posted the question if I have no knowledge of the process. I am aware that it is bigamy to marry someone else while you are still married. Your answers and questions are condescending. I was told this site is a friendly site. As far as the answer to your question we already spent almost $5000 into the annulment and I dont want to get into the detail of where we are at in the annulment process. I will just have my lawyer handle my petition and answer my questions. I posted an honest questions and I don't need anyone lecturing me about the whole process like I am stupid.

[Melhertz 0]

Welcome to the forum.

Here is the link to the USCIS expedite criteria:

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

Good luck.

Thank you. Appreciate the input.

[belinda63 3,053]

I think what the prior person was trying to say is, you cannot file the K-1 petition until the anulment is final. Being "in the process" of an annulment is not good enough. She must be free to marry at the time you mail the K-1 petition.

As to your direct question, it doesnt' hurt to try but make sure you gather all your medical evidence prior to your request, you only get one shot at an expediate request.

[Hank_ 9,174]

First I would not have posted the question if I have no knowledge of the process. I am aware that it is bigamy to marry someone else while you are still married. Your answers and questions are condescending. I was told this site is a friendly site. As far as the answer to your question we already spent almost $5000 into the annulment and I dont want to get into the detail of where we are at in the annulment process. I will just have my lawyer handle my petition and answer my questions. I posted an honest questions and I don't need anyone lecturing me about the whole process like I am stupid.

Relax... its the internet!

What was trying to be said is that until the annulment is finalized you can't even file the petition (I-129F), both people must be free to marry at the time of filing the petition. So until the annulment is completed and you get the finalized documents... you can't start the petition process.

And as you read on the USCIS website there isn't much cause for an expedite from your "list".

Read the GUIDE at the top of this page, lots of good information there.

[HollyGolightly 72]

First I would not have posted the question if I have no knowledge of the process. I am aware that it is bigamy to marry someone else while you are still married. Your answers and questions are condescending. I was told this site is a friendly site. As far as the answer to your question we already spent almost $5000 into the annulment and I dont want to get into the detail of where we are at in the annulment process. I will just have my lawyer handle my petition and answer my questions. I posted an honest questions and I don't need anyone lecturing me about the whole process like I am stupid.

Don't be sensitive. I didn't say you were stupid. This is my honest answer to your honest question. You can't start the process unless she's free to marry that is it.

[Tahoma 2,298]

Melhertz...Your profile shows that you filed for a K-1, does it not? If you already filed an I-129F petition, the USCIS likely will reject it outright because your fiancée is not free to marry due to the fact that the finality of her annulment has not been registered with the NSO, so you could not possibly have included her finality document with your I-129F submission. In a nutshell, she's not free to marry because she's still married. Of course, in that case, an expedite would be impossible.

[Kysie & Niall 0]

Hi and welcome to the forum. A god question. I can only provide some input on the free to marry issue. I was previously married to a Catholic Colombian woman. At least in my case our Catholic marriage there and also in Philippines and probably other countries there are two parts: 1) the civil or government recognized marriage and 2) the religious ie Catholic marriage. My ex and I had a Catholic church marriage which was then registered with the government as the civil part. Follow a very brief marriage I then asked for a divorce. I did not even ask my ex I just got a lawyer and processed it, a fast process in Colombia. However, I was still married in the eyes of the Catholic church. So now I am getting an annulment which while be completed in a total of 8-9 months. The point is I am free to marry NOW because I have divorce papers. BUT I cannot have a Catholic marriage until I have the annulment.

I do intend to have another Catholic marriage with my Catholic fiancée in the Philippines and she, her family, and the local legal vicar are aware I am in the process of getting the annulment but this is not preventing us from getting the K1 Fiancee visa before the annulment. We will, in fact, have a civil marriage in California in October 2013, then after the annulment and fiancée has her green card we will return to Philippines for our Catholic church marriage. I should point out the circumstances of my request were very compelling to the church for the annulment due to things associated with my ex prior to marriage and which I was unaware at the time.

Good luck to you.

[David & Diana R 1,005]

First I would not have posted the question if I have no knowledge of the process. I am aware that it is bigamy to marry someone else while you are still married. Your answers and questions are condescending. I was told this site is a friendly site. As far as the answer to your question we already spent almost $5000 into the annulment and I dont want to get into the detail of where we are at in the annulment process. I will just have my lawyer handle my petition and answer my questions. I posted an honest questions and I don't need anyone lecturing me about the whole process like I am stupid.

Cool your jets man! The guy is trying to help you. Take a pill.

[HK12 273]

First I would not have posted the question if I have no knowledge of the process. I am aware that it is bigamy to marry someone else while you are still married. Your answers and questions are condescending. I was told this site is a friendly site. As far as the answer to your question we already spent almost $5000 into the annulment and I dont want to get into the detail of where we are at in the annulment process. I will just have my lawyer handle my petition and answer my questions. I posted an honest questions and I don't need anyone lecturing me about the whole process like I am stupid.

I don't see anything condescending in HollyGolithly's post, and nobody said you're stupid - you asked a question, and Golly gave you a good answer. Of course, no one can help you if you do not want to provide further details about how far you are in the process.

If you have already filed a I-129F, it will most likely get denied at the USCIS stage, as your fiancée is not free to marry. Wait until the divorce is finalized, and then (re-) apply.

As for expedites, someone has already posted the link to the USCIS expedite criteria. Aging out is no reason for an expedite, and only very urgent medical matters will qualify (I do remember soneone on here who had terminal cancer who got their I-129F expedite request approved).

Good luck!

Edited August 8, 2013 by HK12

[Rich and Wen 101]

I think if you were to file your I-129F by January 1 2013, you will have time to get K-1 and K-2 visa before your fiancée's son's 21st birthday. We filed on January 3, 2013, and my fiancée's son will turn 21 in mid November 2013. We are now waiting for an interview. It will be close, but I feel confident that we will make it before his 21st birthday.

As to your medical issues, I think that does not fit one of the criteria for expediting.

[baron555 934]

No expedite, your health is not a consideration since you live in the US you have access up good health care.