do I qualify for expedited processing?

[microsphere 0]

Hi all,

I am a US Citizen and I moved to Yemen (my birth country) for a job opportunity a few years ago. I married my wife (a Yemeni citizen) in 2008.

In 2012 the security situation in Yemen became unstable and I started getting warden messages from the US embassy advising US citizens to leave Yemen as soon as possible. I don't have the financial means to move to another country at the moment as it would entail renting a new place and incurring large expenses without a job and the only viable solution is to go back home to the US and bring my wife with me. So, I gathered all the requirements and I made an I-130 petition for my wife.

The application was received on August 23rd, which is almost four months ago. I follow the application status daily on the USCIS website but still no sign of getting the second notice. I got even more concerned when I read that processing times may take many more months and we still have other steps to go through before we can travel.

I heard that there is a way to expedite our i-130 petition process. I would appreciate if someone with experience can advise if my situation qualifies for this and what is the process and how long would it take.

Thanks

[dwheels76 5,468]

Hi all,

I am a US Citizen and I moved to Yemen (my birth country) for a job opportunity a few years ago. I married my wife (a Yemeni citizen) in 2008.

In 2012 the security situation in Yemen became unstable and I started getting warden messages from the US embassy advising US citizens to leave Yemen as soon as possible. I don't have the financial means to move to another country at the moment as it would entail renting a new place and incurring large expenses without a job and the only viable solution is to go back home to the US and bring my wife with me. So, I gathered all the requirements and I made an I-130 petition for my wife.

The application was received on August 23rd, which is almost four months ago. I follow the application status daily on the USCIS website but still no sign of getting the second notice. I got even more concerned when I read that processing times may take many more months and we still have other steps to go through before we can travel.

I heard that there is a way to expedite our i-130 petition process. I would appreciate if someone with experience can advise if my situation qualifies for this and what is the process and how long would it take.

Thanks

Do you fit this criteria. I don't know if Yemen still falls under dangerous. And yes y9ou have a long wait the wait for interview after you have been case complkete at NVC which is a goiid 2 to 4 months is 6 to 9 months.

But never hurts to file the evidence you have to expedite all they can say is no.

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

[microsphere 0]

Thanks for your reply.

Yemen is considered a dangerous place to be in according to the state department and there is a travel advisory which the embassy sends by email every month telling Americans to leave Yemen for security concerns.

The thing is I can't leave Yemen and leave my wife behind. Do you think my situation falls under the "Extreme emergent situation" clause or the "Humanitarian situation" clause? and what's the process?

Thanks

[dwheels76 5,468]

Thanks for your reply.

Yemen is considered a dangerous place to be in according to the state department and there is a travel advisory which the embassy sends by email every month telling Americans to leave Yemen for security concerns.

The thing is I can't leave Yemen and leave my wife behind. Do you think my situation falls under the "Extreme emergent situation" clause or the "Humanitarian situation" clause? and what's the process?

Thanks

Not for me to say. Although dangerous for you . Maybe not your wife and you been there over a year right sionce these warnings. All you can do is call uscis ask for tier 2 supervisor tell them, you need to expedite your petition and they will tell you what to do.

You have to submit evidence and all that stuff. But they will tell you.

[Sarah Elle-Même 660]

Despite what the State Department says, that doesn't mean USCIS will expedite your case. You are welcome to try, but don't be too disappointed when you don't get the response you hope for. Imagine the different agencies of the government like hands. Just because one is motioning in one direction, doesn't mean all the others will motion or move in the same direction. The situation in Yemen has been bad since 2011, yet I don't know of any Yemen couples who got expedites approved except one because the petitioner had a cancer diagnosis. You should leave Yemen if you feel unsafe, but realize that most likely you're going to have to wait apart a while like most of the rest of us. Inshallah your wife will be fine, she'd have managed somehow if she hadn't married an American, yes?

[jan22 3,056]

The situation alone is not enough to qualify for an expedite -- if it did, everyone would be expedited which would, truly, result in nobody being expedited if that makes sense. As another poster said, the first warnings began in early 2011 -- to wait two years after being advised to consider leaving and then request an expedite just isn't going to get you anywhere.

One other point as you consider your options -- the situation in the country has resulted in the Embassy having to suspend non-emergency public services (including visa operations) several times over the past couple of years. So, there is likely a backlog of applications with approved petitions that still need visa interviews that will be ahead of you.

Good luck.