Expedition possible?

[JustinS 44]

Hi All, 

I was hoping for a bit of a sanity check here. I hate to be the person to try to step out of my place in line, and I'm not even sure if this is possible, but at this point I need to do something. 

 

I doubt my situation qualifies for an expedition of the case but I wanted to get an opinion. 

 

My stepkids are all in the UK with my wife.  Their biological father was emotionally and physically abusive and they've seen him get arrested over and over and have even been locked in the car by him while he went yelled and screamed at my now spouse. We have records, social services reports and other odds and ends. 

 

The issue is, due to this, the kids have a pretty severe on/off emotional reaction to me being a part time parent, to the point if effects their school and overall behavior.

 

On top of that, bio dad decides to start calling at random, come around in spurts and even shows up to "drop presents off". Thankfully he hasn't gotten the guts to knock but he does this, after not seeing the kids for a year this December, which upsets them even more. We have finally gotten a little bit past the "Why doesn't he care" bit, but it's getting harder and harder for my 4/7/9 year old to understand why they can't live with me or why I can't live with them. At best we get two weeks every 3-4 months and it's truly hurting them.  

 

I'm tired of hearing them cry about when they can move, watching them suffer and all the while Nebraska taking its dear sweet time on moving forward. 

 

I know it's a HUGE gamble, but is there any chance that the continued emotional distress on three innocent kids has any chance of warranting an expedite?  Is there any negatives to asking for one and being denied? 

 

Thank you everyone, even if only for letting me whine and vent. 

[Ontarkie 13,925]

Sorry but no that won't qualify for expedite.

 

On top of that you do know that the Father needs to give consent or a court order for them to move to the US? If that is something you don't have yet time to get the ball rolling. He's already caught wind of what's going on and I bet that is why he is doing what he is doing. I doubt he will just let them move just out of spite. 

[JustinS 44]

Just now, Ontarkie said:

Sorry but no that won't qualify for expedite.

 

On top of that you do know that the Father needs to give consent or a court order for them to move to the US? If that is something you don't have yet time to get the ball rolling. He's already caught wind of what's going on and I bet that is why he is doing what he is doing. I doubt he will just let them move just out of spite. 

Thankfully, we had that discussion and have a document, witnessed by a solicitor, signed by the father, authorizing them to move.  We did that prior to even applying for the visa as we figured if he wouldn't agree, there was no point. 

[JustinS 44]

So the curiosity point, does it hurt to try?  Will an expedite request possibly push us back or red flag us?  I'm kind of just hoping we get an agent having a good day... lol

[Ontarkie 13,925]

1 minute ago, JustinS said:

Thankfully, we had that discussion and have a document, witnessed by a solicitor, signed by the father, authorizing them to move.  We did that prior to even applying for the visa as we figured if he wouldn't agree, there was no point. 

That's great far to many times that is something ppl over look. 

 

I feel bad for the kids. My kids went through something similar with their dad. Only acted like he cared when someone was looking or he thought he could get something out of it. 

Your wife may need to amend the visitation scheduled. Being very specific on when he can call to talk to the kids, that he needs to give prior notice before showing up at the house or make drop off and pick up's at public location and he must stay away from the house. 

 

I've heard that it might set back like a week, but I do not have any experience. Expedites that qualify need to be on your end not theirs, the US will not inter fear with their father. He still has rights to them, mom needs to get a family law attorney and get things settled there. 

[JustinS 44]

Just now, Ontarkie said:

That's great far to many times that is something ppl over look. 

 

I feel bad for the kids. My kids went through something similar with their dad. Only acted like he cared when someone was looking or he thought he could get something out of it. 

Your wife may need to amend the visitation scheduled. Being very specific on when he can call to talk to the kids, that he needs to give prior notice before showing up at the house or make drop off and pick up's at public location and he must stay away from the house. 

 

I've heard that it might set back like a week, but I do not have any experience. Expedites that qualify need to be on your end not theirs, the US will not inter fear with their father. He still has rights to them, mom needs to get a family law attorney and get things settled there. 

Understood. Thankfully he refuses to follow the visitation that social services advised so he has no contact at this point. The issue is he will start trouble in spurts because he can. Doesn't help that the damage is already done with the kids, which is what is so upsetting. They're fine when I'm around, but this whole process is making me present 2 weeks a quarter. It wouldn't be so bad if it wasn't a "Maybe Feb/March" as opposed to a "By this time for sure"

[Ontarkie 13,925]

That sucks for sure. Good luck and hopefully things speed up soon 

[N-o-l-a 7,167]

7 hours ago, JustinS said:

So the curiosity point, does it hurt to try?  Will an expedite request possibly push us back or red flag us?  I'm kind of just hoping we get an agent having a good day... lol

 

You can try, obviously, but expedites are rarely given.  It shouldn't hurt your case at all.

[JustinS 44]

8 hours ago, N-o-l-a said:

 

You can try, obviously, but expedites are rarely given.  It shouldn't hurt your case at all.

That's exactly what I decided. I even talked to the customer service rep and asked. Was told it would cause no issues and worse case scenario its ignored or I'm told no. So expedite filed, everyone cross your fingers, for my kids sanity... or mine...

[tammyrs 2]

i got my case expedited (for other reasons but pretty much emotionally reasons) 

 you should try, if they deny you don’t have any problem for trying 

[JustinS 44]

2 minutes ago, tammyrs said:

i got my case expedited (for other reasons but pretty much emotionally reasons) 

 you should try, if they deny you don’t have any problem for trying 

How long did it take for you to get a response?  They quote 5 days but when have they ever done anything in a timely manner. 

[NikLR 13,220]

If the USCIS does not grant the expedite within 30 days, they wont be granting it at all.  It will not hurt your I-130 to try.  Perhaps include an evaluation by social workers and a psychologist as to why moving sooner would be in the children's best interests and how not doing so is affecting everyone's health.  

Edited November 22, 2017 by NikLR

[JustinS 44]

1 minute ago, NikLR said:

If the USCIS does not grant the expedite within 30 days, they wont be granting it at all.  It will not hurt your I-130 to try.  Perhaps include an evaluation by social workers and a psychologist as to why moving sooner would be in the children's best interests and how not doing so is affecting everyone's health.  

I'll definitely have the social report and school reports together. The rest will take a bit. At this point I haven't been asked/allowed to give any documentation. I was just told it would be requested if needed. 

[NikLR 13,220]

36 minutes ago, JustinS said:

I'll definitely have the social report and school reports together. The rest will take a bit. At this point I haven't been asked/allowed to give any documentation. I was just told it would be requested if needed. 

Generally speaking you should submit everything when requesting the expedite initially.  The USCIS notoriously does not ask for more info. 

[JustinS 44]

46 minutes ago, NikLR said:

Generally speaking you should submit everything when requesting the expedite initially.  The USCIS notoriously does not ask for more info. 

I asked if I could and wasn't given the option. I was told if they wanted it they would reach out.  Can I call and have information added?