Expedite or Adjust Status? Please help me decide.

[dee&vee 79]

Hello VJers,

I am in bit of dilemma and I would like some help deciding what are our options. Our i130 is at VSC- PD Oct 22, RFE responded April 22, waiting for NOA2.

Recently my wife, a US citizen, was diagnosed with medical condition and she has to go through surgery within next few weeks. Surgery would hospitalize her for 2-3 days and she would be out of work to recover for at least 4-6 weeks.

Question 1: I would be going there to be with her through all these as a visitor. My question is, will it help to file for expedite processing at this stage considering we might get noa2 soon? I have heard that USCIS puts cases on hold to review expedite requests. If that's the case, would it delay our approval?

Question 2: If for some reason I decided to stay there longer, which I don't plan to right now since I have work here, would I be able to adjust my status? My intent on staying there could only change if wife's health does not improve. Will I still be able to file i485 considering my concurrent i130 would move to NVC after the approval?

Thanks in advance for your help.

[razspaz13 30]

g'day have read this but am unable to answer, I am thinking uscis may look at what type of surgery it is and the how serious it is, not down playing just mentioning, we put in for stage iv cancer and expedite and were told they never recv'd request, maybe get a letter from your dr now to get ahead in that regard the dr we used took 4 weeks just to write the letter as very busy....

I guess one thing to consider is your wife able to get any assistance during the 4-6 week recovery period? like a home care nurse or something...

will look later to see what replies you get, I do believe you have to request expedite at each location...

good luck mate

[pushbrk 12,978]

Hello VJers,

I am in bit of dilemma and I would like some help deciding what are our options. Our i130 is at VSC- PD Oct 22, RFE responded April 22, waiting for NOA2.

Recently my wife, a US citizen, was diagnosed with medical condition and she has to go through surgery within next few weeks. Surgery would hospitalize her for 2-3 days and she would be out of work to recover for at least 4-6 weeks.

Question 1: I would be going there to be with her through all these as a visitor. My question is, will it help to file for expedite processing at this stage considering we might get noa2 soon? I have heard that USCIS puts cases on hold to review expedite requests. If that's the case, would it delay our approval?

Question 2: If for some reason I decided to stay there longer, which I don't plan to right now since I have work here, would I be able to adjust my status? My intent on staying there could only change if wife's health does not improve. Will I still be able to file i485 considering my concurrent i130 would move to NVC after the approval?

Thanks in advance for your help.

Since you have already responded to the RFE, I would expect the approval to come any day now. An expedite is unlikely to help you through USCIS but might through NVC and on to the Consulate.

Yes, under those circumstances you could adjust status but there would be no "concurrent" I-130. You send in the I-130 approval notice along with the I-485, I765 and I-131 and USCIS will retrieve the I-130 file from NVC.

[dee&vee 79]

g'day have read this but am unable to answer, I am thinking uscis may look at what type of surgery it is and the how serious it is, not down playing just mentioning, we put in for stage iv cancer and expedite and were told they never recv'd request, maybe get a letter from your dr now to get ahead in that regard the dr we used took 4 weeks just to write the letter as very busy....

I guess one thing to consider is your wife able to get any assistance during the 4-6 week recovery period? like a home care nurse or something...

will look later to see what replies you get, I do believe you have to request expedite at each location...

good luck mate

Hello mate, thank you for the reply. She will be staying with her parents during recovery so she will be taken care of by them. Were you able to expedite your case?

Since you have already responded to the RFE, I would expect the approval to come any day now. An expedite is unlikely to help you through USCIS but might through NVC and on to the Consulate.

Yes, under those circumstances you could adjust status but there would be no "concurrent" I-130. You send in the I-130 approval notice along with the I-485, I765 and I-131 and USCIS will retrieve the I-130 file from NVC.

Thanks for your reply, pushbrk. I am hoping for quick approval soon, although it worries me that even after a month of RFE response review we haven't heard back anything. They needed petitioner's passport photos which could mean that no background checks were initiated before issuing RFE. Lot of recent posts about people being stuck at background checks worries me since our names are very common as well.

[razspaz13 30]

your very welcome, that is a great relief that she will have family during the recovery and less worry for you hopefully, we got an expedite at nvc a pleasant surprise