Expedite Question

[klsoblos 0]

hey ya'll, so this is my first post here but I've been following for awhile. I have a quick question. So I filed for an expedite via phone due to severe financial loss to individual and told the woman I spoke to that the evidence was in the initial petition. However, I was denied, as they stated, "although your situation appears serious, you have not provided evidence" but they never looked at the petition for the evidence since I can see that with that USCIS account. Which after the fact, I understand because if they take the time to dig up the petition at the blackhole that is the TSC they may as well expedite it. I was going to try again except sending the documents again separately and highlighting the important points. So I was curious what the best way to do that was. Should I just send a letter or is there an email address that I can send it to? Thanks in advance!

[TabeaK 516]

It is extremely difficult to get an expedite - not sure how a fiance, that will not be able to work until the AOS is initiated and EAD received would help with a difficult financial situation for the USC.

Also, with the fiance being in Germany, which is a country with a strong social net, benefits and mandatory health insurance - severe financial loss for the beneficiary would also be difficult to prove.

I don't know you are gonna get through with this. You can try requesting an expedite again and convince the tier 2 officer to let you send in evidence - there is no general email to use.

Edited May 24, 2015 by TabeaK

[aaron2020 11,651]

Hi,

What is your evidence that you, the petitioner, will suffer a financial loss if the case is not expedited?

A financial loss to your fiancee is not considered by USCIS.

[klsoblos 0]

Ok! thanks for the quick response!
He is the German fiance and once his boss heard he was moving to the US he was told he needed to submit a letter of resignation, which he did, making August 31 his last day.
I am the USC and am in an unfortunate situation atm and am a med student with significant loans.
I'll try again I guess,I know everything is case by case basis but the worst they can do is say no.
Thanks again!

[TabeaK 516]

Alright - this is going to get difficult to get through. I personally think you will not have much luck.

Did he submit this letter of resignation already? Based on German labour law, if is in a permanent position, no one can demand him to resign at a given date, unless he wants to! Does the company he works for have a workers council? He should go to them to try and straighten this out - this coercion to resign is not legal.

He may also negotiate with them to simply stay 3-4 months longer - by the end of the year you will likely have your visa assuming processing on the current timescales.

Edit: As a med student you have good job chances in the future - but for now, I am assuming you have a co-sponsor?

Edited May 24, 2015 by TabeaK

[aaron2020 11,651]

Ok! thanks for the quick response!

He is the German fiance and once his boss heard he was moving to the US he was told he needed to submit a letter of resignation, which he did, making August 31 his last day.

I am the USC and am in an unfortunate situation atm and am a med student with significant loans.

I'll try again I guess,I know everything is case by case basis but the worst they can do is say no.

Thanks again!

Hi,

Sorry for the mistake.

Unfortunately, a financial loss to the beneficiary is not considered. The problem is that it's too easy for beneficiaries to create their own financial losses like arranging with the boss to terminate the employment to get an expedite since the person will be leaving anyways. It's too easy to create a scam on the beneficiary's side to create a financial loss.

There are people living in poverty in Thailand, Vietnam, etc. It would be very easy to create a financial loss there to game the system for an expedite.

This is why USCIS does not consider a financial loss to the person immigrating.

Sorry.

[klsoblos 0]

He was not coerced, just told it needed to be done when ready. And yes I have a co-sponsor.

And yes I understand about the beneficiary's financial loss not being considered, makes sense! But the main financial loss would be on me, the USC.
I was just wondering what the best way to go about sending evidence would be. I would much rather not discuss my life and my financial situations on a public forum which is why I won't go into detail here
I will just try again and see what happens, again the worst answer I can get it no (which is what I expect) but there's no harm in trying.
Thanks for all the feedback!

[TabeaK 516]

Good luck!

But like we said, uphill battle. The resignment of your German fiance is fishy to begin with, based on German law. He has grounds to fight it. Plus, we will eligible to collect unemployment for up to two years, depending on his work history. So he will not exactly be destitute...

[klsoblos 0]

Thanks!
I knew it was going to be an uphill battle to begin with, but again, the main loss is to me and would happen whether or not he had a job. That issue was more of just an extra stressor to the situation. Thanks ya'll!

[Boiler 43,397]

What is your loss?

As an aside no harm in having a go I have seen some weird ones approved.

[NikLR 13,220]

I'm quite unsure where your financial loss comes into this. He will not be able to work for 90 days after you apply for the AOS. If you were already married, he could work right away within the USA (like had a job offer), and was the sole supporter of you already, I could see a financial loss, but as a fiancé? Not so much. But you can try.

[Cathi 5,609]

it isn't like he can come here and start working immediately with a k-1, his getting an expedite isn't going to help you financially

[NancyNguyen 1,657]

Well if you have some free time to be on phone with them, good luck.

[klsoblos 0]

Well,the problem is that the wedding has been paid for, and if the visa is not approved by that time then all the money spent on church, reception, etc is lost because it is non-refundable as evidenced by contract...and this is thousands of dollars. Initially, this seemed like a good idea because I finally had a date (yay!) as well as supporting evidence that the marriage would actually take place within 90 days of entering the country. At the start of this process I did not realize that TSC was so dysfunctional, and if I had I would have obviously chosen a different date. However, I am now in a situation where it is pretty likely that the visa won't be processed in time and therefore resulting in me losing thousands of dollars which could all be avoided if he were here. Even though I am well aware it is an uphill battle and won't be easy, it's probably the best shot I have.

[aaron2020 11,651]

Well,the problem is that the wedding has been paid for, and if the visa is not approved by that time then all the money spent on church, reception, etc is lost because it is non-refundable as evidenced by contract...and this is thousands of dollars. Initially, this seemed like a good idea because I finally had a date (yay!) as well as supporting evidence that the marriage would actually take place within 90 days of entering the country. At the start of this process I did not realize that TSC was so dysfunctional, and if I had I would have obviously chosen a different date. However, I am now in a situation where it is pretty likely that the visa won't be processed in time and therefore resulting in me losing thousands of dollars which could all be avoided if he were here. Even though I am well aware it is an uphill battle and won't be easy, it's probably the best shot I have.

This financial loss is not going to get you an expedite. USCIS warns all petitioners and visa applicants not to make plans without a visa in hand. When you plan poorly, then it's your problem. This is a financial loss that would have been avoided if you had followed USCIS's warnings.

If everyone plan like you, then we could all create our own financial losses. Set an early wedding date and pay for it. Then ask for an expedite because the money will lost. This would open up a can of worms. People would auto-expedite based on poor wedding plans that USCIS warns people not to do.

You have zero chance at an expedite.

How does your fiance losing his job early relate to the poor wedding plans? One has nothing to do with the other.

Edited May 25, 2015 by aaron2020