Help, help, help!

[dwheels76 5,461]

But can't the OP make an Infopass and give documented proof why husband had to leave before AP was granted?

Or is it because he came on a VWP that basically nullifies all that?

I am really sorry for all you are going through. Dang just trying to take care of a love ones burial. Sorry

[Boiler 43,434]

But can't the OP make an Infopass and give documented proof why husband had to leave before AP was granted?

Or is it because he came on a VWP that basically nullifies all that?

I am really sorry for all you are going through. Dang just trying to take care of a love ones burial. Sorry

The reason is irrelevant, as is the VWP entry.

[belinda63 2,981]

The I-485 packet pretty much just goes into storage at this point as it was abandoned. When your case reaches NVC you will have to file an I-864 and some other papers. Then the case is sent to the embassy where he will be interviewed.

You can try for an expedite based on financial loss.

[kvetchingeditor 0]

Wow. So I really am screwed. There's no way he can come to the U.S. and see us?

I'm making $2,000/month and without him around to watch the baby I A) can't afford childcare and B) can't get a full-time job. So I'm royally screwed unless I pick up and move out of the U.S.

[AnnaMaria 68]

You need to file an expedite request immediately with the NVC based on that financial hardship then. If you feel this is going to detrimentally affect your family, especially the child, you need to include that in your request. The decision is ultimately the embassy/consulate in London, but it is the best way to go about it I would think.

You still will have to wait, but the time would be substantially less. Remember, the hardship has to be on YOU the U.S. citizen.

Write your request in detail to NVCexpedite@state.gov and include the following :

Beneficiary Name

Beneficiary Date of Birth

Petitioner Name

NVC Case #

Two contact numbers for the beneficiary (i also included mine in our expedite just in case)

You'll hear something from the NVC within 5-10 days letting you know that it is under review. At that point, it will be dependent on the workload of the consulate/embassy on how fast they respond to your request.

[Boiler 43,434]

Certainly no harm in seeking an expedite, but do not assume you will get one, not the most compelling case I have seen.

An expedite just speeds a very slow process to slow, does not deal with presumably your current situation needing child care.

[kvetchingeditor 0]

Boiler, you appear to be very jaded

[cdneh 3,112]

Boiler, you appear to be very jaded

No. Just experienced.

[AnnaMaria 68]

Unfortunately, he is absolutely correct though.

The NVC is the absolute worst part of the immigration process right now, in my opinion, for married couples. I sent an email to the NVC to correct my wife's and my name and address that THEY messed up entering on around August 15th....I got a reply from them finally this past Friday..the same day we got home from picking up my wife's visa from the courier.

There isn't any instant solution for your situation. It's a tragedy that your husband's relative passed away, but in all honesty, now you are going through the proper steps you should have gone through like every other married couple on this forum.

Your best bet at this point is to state your case to the NVC so they can forward it to the consulate and hope you have a compassionate Consular Officer who will approve it.

[Pitaya 2,576]

No. Just experienced.

So true......

[Nich-Nick 3,353]

We got his i-130 while living abroad and were going to do consular processing, but the illness in my family created a pressing need to get to the U.S. ASAP. As a result, he entered on VWP with his British passport. With all of our visits to USCIS and paperwork filing, we haven't run into a problem.

"

It sounds like you are describing DCF where your I-130 was approved by USCIS office in London. So maybe he just continues the DCF process on London. Did you get notification the Immigrant Visa Unit had received the approved petition and they were ready for him to submit the visa application and have the medical. It only takes 2 or so months. You may have a file already in London waiting on him to do his part.

[Mark88 183]

Boiler, you appear to be very jaded

Unfortunately Boiler is telling you the hard truth. Your case is nothing special for USCIS. They heard similar ones a thousand times and everyone had a reason to leave. They simply think you had a choice not to. It also makes no difference if they didn't tell you something, since they don't need to. And an expedite can be tried, but as many pointed out, very unlikely to be granted. And even then you are still looking at a couple of months. I feel very sorry personally for your situation, but for USCIS you(r husband) abandoned it when he left the US. The reason doesn't matter.

Edited October 7, 2014 by Mark88

[kvetchingeditor 0]

It sounds like you are describing DCF where your I-130 was approved by USCIS office in London. So maybe he just continues the DCF process on London. Did you get notification the Immigrant Visa Unit had received the approved petition and they were ready for him to submit the visa application and have the medical. It only takes 2 or so months. You may have a file already in London waiting on him to do his part.

Yeah. We filed while living in Israel. So we got the i-130 approval while living in Israel, moved to the US, got notice it was at the NVC, filed the i-485, it got switched to USCIS.

[Al and Cherry 2]

I am a U.S. citizen who returned to America after living abroad for a few years in Israel with my son (also a U.S. citizen) and my husband, who is a citizen of Israel and the UK. We returned to the U.S. because my father, who has suffered quadruple bypass, diabetes, and lymphoma, began having mysterious seizures earlier this year. I came to the U.S. to help him get well, find a plan of treatment, and get a proper diagnosis.

Because we were planning on being in the U.S. for several years, we began the process of getting a green card in April 2014. My husband’s i-130 was approved quickly, and when we moved to the U.S. at the end of April, we put his i-485/i-765/i-131 in motion.

In the meantime, I have been working full-time while my husband takes care of our 9-month-old son Asher at home. He is, ultimately, our son's primary care giver.

On Monday, September 29, 2014, I lost my primary job. On the same day, my husband found out that his grandmother back in the UK was sick and likely would die within the week.

We immediately called USCIS to find a solution so he could legally travel to the UK, as he is the family rabbi. We were told by the USCIS agent that the only option was to file an expedite on his i-131 travel document and hope for the best. She said we should hear back within 5 days. I went ahead and made an appointment to go into the local USCIS office on Thursday, October 2, just in case there was more they could do. It was the earliest available appointment.

On Wednesday, October 1, we got word that my husband’s grandmother had died. The funeral was slated for Friday, October 3, just before Yom Kippur.

We immediately called USCIS to check on the status of the expedite and find out if there was anything else we could do. Again, we were told that the only option was to wait. We explained that in the Jewish religion, burial happens quickly, and waiting was not an option. The USCIS agent told us, again, we had to wait.

Unfortunately, that was not an option. We had to immediately book a ticket and I drove my husband to the airport where he took a redeye to Washington DC. He left the U.S. for England at 9:15 a.m. on Thursday, October 2, 2014.

Around the same time, I went in for our appointment at USCIS. They told me that there was absolutely nothing that could be done.

In fact, they said, I should have come into the office on Wednesday to get an advanced parole document from the office. I expressed shock that this was an option, as the USCIS agent had told us on Monday, and again on Wednesday, that our only option was to wait on the paperwork.

The USCIS agent in the local Denver office added, however, “I mean, we were closed yesterday (Wednesday), but I bet if you had banged on the door someone might have helped you.”

Basically, we were set up to fail. The fact that my husband and I are Jewish and burial rites happen very quickly in our faith meant that we could either let his grandmother z”l be buried without the family rabbi or we could be met with the present situation where my husband is unable to return to the U.S. without fear of being A) removed and B) his immigration paperwork being canceled.

Two lawyers I have spoken with have told me that the best case scenario is for him to stay in the UK for 8-12 months while USCIS transfers his immigration case to the London consulate.

Of course, this would mean that

• I can’t look for work because the primary care giver is no longer in this country.

• I am unable to see my husband for a year or more.

• My son will be unable to see his father for up to a year, causing my husband to miss major milestones and for a child to be without a father figure.

I cannot live without my husband for a year, and I cannot raise our child alone. I do not want to be forced to move to the UK or back to Israel because of a failure of USCIS to provide us with the correct information. I want my husband's paperwork to be finalized, for him to be able to return to us immediately, and for us to continue living our lives.

What do you suggest? Please help us!

Sorry for your troubles... I pray for you. Everybody here on this board is separated from a loved one with our hands being tied while our paperwork is examined and determined if we are ok to be married or in your case to be given a status to stay. It is a terrible position, but not the first I have come across whereas a death, illness from a family member etc. presents itself. I hope you find a way though this mess. You are more than likely going to be told you are free to move to the U.K. Peace be your journey!

[raven52 233]

OP, bad decisions made by you and husband, on "bad information from USCIS".,.,., but it seems like your husband made a "rash" decision and maybe panicked before making a rational decision. This looks like an extended amount of troubled times for your family.,.,.,.,.

I would keep excellent notes, and seek out the best immigration attorney you can find, ASAP!

God bless and good luck!