Can I expedite my i-130 process due to a son's death

[RandyP 0]

My son just passed away and my wife has to go back to South Korea in a couple of weeks to wait her approval. This has caused a tremendous burdon on our family especially since my wife was so close to my son and other childern. My other childern are also having a hard time with her leaving at this point. Has anyone else had this type of problem and requested an expedite? If so can you give me some guidance on the best way to request an expedite?

Best,

[Ryan H 3,812]

Sorry for your loss, but this situation will likely not qualify for an expedite. With that being said, there is no harm in requesting one.

[Darnell 8,478]

if she has to go back to South Korea, then she's in the USA already .

so - 'to wait for an approval' - an approval of WHAT?

If a CR-1 or IR-1 visa,

then

there's an interview, still to occur.

If that's, indeed, the case, then she can request a later interview date on the Spousal Visa Interview.

How? Contact the IV Unit at the Embassy, ask for it. Email, telephone, fax, fast courier pigeon, etc.

----

Of course, I'd love to have detail data, to give a more accurate answer, as the above is pure speculation.

Please consider to fill out yer timeline, completely, over at

http://www.visajourney.com/timeline/profile.php?id=168109

http://www.visajourney.com/timeline/profile.php?id=168109

http://www.visajourney.com/timeline/profile.php?id=168109

nowish. Thanks so much, and Thanks in Advance !

-----

You have another option available to you. I reread your post title,

Can I expedite my i-130 process due to a son's death and I have another option for you to consider.

She's already in the USA, an I-130 was filed, and you have a receipt notice. Want her to stay in the USA ? Get a greencard without leaving USA? Make a copy of the I-130 approval notice, send in a complete I-485 set (including EAD and AP forms) and simply wait through the process. Why? it smells like she's in the country legally, and she could adjust status, filing whilst her 'authorized period of stay' is still in effect.

It's not a trivial thing. But it's do-able.

Edited September 6, 2013 by Darnell

[Penguin_ie 5,994]

Where are you in the process? Ie how long until she'd get the interview in a normal process? If she has been here nearly 6 months and that is why she needs to leave one option may be to request a tourist visa extension, or possibly even AOS (adjusting status) from within the USA to remain and get a greencard- with the latter option, she could not leave for a few months though. AOS from a tourist visa is usually frowned upon but you guys had a major tragic event happening so I think you have just cause.

[RandyP 0]

Thanks everyone for your feedback so far. I set-up a timeline and have included additonal information below.

- We are applying for CR-1 visa

- Married July 5th 2013 in South Korea

- Have completed NOA1 and waiting for approval to begin NOA2

- Wife is presently here on 90 day tourist visa(ESTA)and must leave U.S. 1st of Sept.

- Since we have filed I-130 she can no longer visit using her ESTA visa after she leaves

- Over the last two years she has been using her ESTA visa to get into the U.S., leaving every 90 days as required

- The last two years she has become very close to my childern.

- The death of my son has been extremly hard on our family(took his own life)

[Darnell 8,478]

1st of september? she's already overstayed.

is that right? 1st of september?

[NikLR 13,227]

I'm sorry but why can she not visit on the ESTA just because you've filed the petition? Many people do this.

[Penguin_ie 5,994]

NLR is right... if she has NOT yet overstayed, she can continue to visit on the VWP.

[RandyP 0]

We have until the 10th of Sept before she has to leave.

We contacted the State Department and they told us she could use her VWP, but the last two times through Customs (Seattle and San Francisco) we were told different.

Customs told us that once we start the CR1 process her VWP becomes invalid.

I told them I had contacted the State Department and that she could use her VWP.

They told us that the State Department was wrong and that she would be denied entry to the U.S. if she tried to use her VWP.

Not sure who's right but doesn't seem worth the chance of getting denied entry.

[Asia 2,498]

CBP is wrong.

She can use her VWP till she gets CR-1 visa in her passport.