Expediting An Application

[Kevi.G 0]

Hello,

 

My American fiance Ann and I submitted the petition for my K1 on March 16. We know it has been received and the cheque cashed. Last night my fiance learned that her father is terminally ill with advanced pancreatic cancer. They've given him three to six months. Of course it means that he probably won't live to see the wedding. Ann's mother died of cancer ten years ago so, naturally she is heartbroken that her Dad won't be there either.

I'm wondering if anyone has heard of US immigration expediting an application under special circumstances? I know it's unlikely otherwise everyone would be making stuff up to try it but, it's worth asking and ours is genuinely not a made up story. If I can get my visa quicker, and he can hold on long enough, maybe Ann's Dad can walk his only daughter down the aisle.

[Transborderwife 4,666]

This usually is Not a reason for expedite, however i would submit as much evidence as possible of his terminal illness including a letter from doctors describing the situation 

[Kevi.G 0]

Where would we send the evidence? There are so many addresses that I get confused. Would it be the same place we sent the petition?

[Ben&Zian 4,397]

Definately would give it a try. I don't think expedites are associated because of family members; but doesn't hurt to at least go for it.

[Cryssiekins 976]

You have nothing to lose by trying. 

 

Send everything to the service center listed on the NOA1.  Include your receipt number on the cover letter.  

 

Hope it it works out for you!! 

[Faith38 37]

Hi , I would try to do it asap. I did expedite last year for my daughter to come , my expedite was successful. Please let the Dr send the evidence to you so you have it at hand. I sent MRI result and letter from my Dr explaining in detail. I hope you get approved.

[candybabe 46]

41 minutes ago, kevinghutton@gmai said:

Hello,

 

My American fiance Ann and I submitted the petition for my K1 on March 16. We know it has been received and the cheque cashed. Last night my fiance learned that her father is terminally ill with advanced pancreatic cancer. They've given him three to six months. Of course it means that he probably won't live to see the wedding. Ann's mother died of cancer ten years ago so, naturally she is heartbroken that her Dad won't be there either.

I'm wondering if anyone has heard of US immigration expediting an application under special circumstances? I know it's unlikely otherwise everyone would be making stuff up to try it but, it's worth asking and ours is genuinely not a made up story. If I can get my visa quicker, and he can hold on long enough, maybe Ann's Dad can walk his only daughter down the aisle.

I am sorry about your fiancées bad news.

 

You can get married sooner in her country of birth and then switch over to a K3- CR1 path .

You will probably have to file again under the K3 so application fee again, and usually that path takes longer than the K1, but the timeline once she is in the US is much  simpler and the two avenues are relatively similar as far as documentation-  

 

She will receive  her I-551 stamp which is basically her conditional GC, when the application is approved at the embassy. That means that once in the US she can work right away, and doesn't have to file for Adjustment of Status, Employment Authorization and Advance Parole as she would with the K1. The only thing you guys will have to do will happen 2 years later for Removal of Conditions.

 

And since she will spend time with her father anyway it seems, the sooner you get married, the sooner you can start the K3 process.

 

Having gone through it myself, I believe it is much less impactful on the immigrant when moving to the US as you are not restricted from working and starting the new life with the spouse. When on the K1, the immigrant spouse basically has her life on hold while the US citizen goes back to their work, routines, etc. That can be tough on the immigrant and the US spouse as well. 

 

I am not an immigration specialist / lawyer.

 

[geowrian 22,336]

I'm sorry to hear about that.

 

Unfortunately, I don't think USCIS offers expedites due to family members. But there is no harm in trying, so I wish you the best of luck.

 

I'd suggest calling USCIS at 1 (800) 375-5283 and request an expedite. Form there, they should provide you the information to send the evidence. Keep in mind that this would only expedite the I-129F....not embassy processing. NVC processing is usually a matter of days for the I-129F, so there's no point in expediting there IMHO (it would likely be shipped by the time the expedite was reviewed). You would need to request an expedited interview at the embassy as well.

[candybabe 46]

53 minutes ago, kevinghutton@gmai said:

Hello,

 

My American fiance Ann and I submitted the petition for my K1 on March 16. We know it has been received and the cheque cashed. Last night my fiance learned that her father is terminally ill with advanced pancreatic cancer. They've given him three to six months. Of course it means that he probably won't live to see the wedding. Ann's mother died of cancer ten years ago so, naturally she is heartbroken that her Dad won't be there either.

I'm wondering if anyone has heard of US immigration expediting an application under special circumstances? I know it's unlikely otherwise everyone would be making stuff up to try it but, it's worth asking and ours is genuinely not a made up story. If I can get my visa quicker, and he can hold on long enough, maybe Ann's Dad can walk his only daughter down the aisle.

ok - I misunderstood - It is the US Citizen's parent that is ill unfortunately. In which case my advice above is not applicable

[Kevi.G 0]

Thanks everyone!

[USC1961 251]

I'm going to be the party pooper here.  The reality is your chances are almost nil that this will get approved.  The news of your Fiancees dad is devastating for sure, I am sorry.  However getting your hopes up to get an expedite when this really isn't an emergency situation is not wise.  It will just create more disappointment.  Prepare yourself mentally that her Dad will not be at the wedding.  If it does happen then far out!!  It would be a nice bonus then.  Best of luck!!      

 

FYI you probably want to change your username to something other than your email address for security reasons

Edited April 13, 2017 by Cruise77

[JFH 12,189]

He can still walk her down the aisle. 

 

Get a a ticket to wherever she lives and get married while you're visiting. I'm sure your employer would be understanding and grant some emergency leave. I'd be booking that flight ticket right now, if I were you. Depending on the state, you can get married either immediately or a few days after receiving the marriage license. 

 

You will lose the fee you paid for the I-129F but she's about to lose her father. It'll take you a little longer to get your visa but you have years and years left together and you can visit her during the process of waiting. Also you won't have to go through the AOS procedure whilst she's grieving the loss of her father and feeling devastated that he didn't live to see his daughter get married. She will still be grieving but she will be able to draw some comfort from the memories of the wedding. 

 

For the reason that you can abandons the K-1, get married and apply for a CR-1 it's likely that USCIS won't expedite anything. 

[Ontarkie 13,979]

This was almost 10 yrs ago but....

 

There was 1 case, a Canadian that was expedited because her USC fiance's father was in the hospital he was terminal. I don't remember the details and can't seem to find it.

 

It could happen but don't hold your breath as this was 10 yrs ago and I've never seen it again.

[Amor Verdadero 33]

First of all I am very sorry to hear about your fiancés father  I truly hope you can all be together and he can walk his daughter down the aisle. I agree with the post above that if you are able to get a tourist visa and come here and marry sooner that would be ideal and would assure that her father would still be in better health than running the risk of waiting longer.

That being said, I just wanted to share that I actually expedited my husbands visa process because my father was terminally ill. I wanted my father to be able to meet my husband before he passed away. I was already at the NVC stage (which may make a difference) in which case I sent my request to the embassy in my husbands home country and it was accepted. It is not listed as a reason for expedite but you never know. Now obviously many factors can come into play: It depends on your home country and if there is high fraud (ours was not), It may also make a difference that we were already married and you are filing a K1 visa... I am not sure but it is always worth a try. Good luck!

 

[Boiler 43,804]

Get married now, do the walking down the aisle bit and then file for a CR1.