Possible to Expedite i-130? (expat US Cit)

[Misyga 0]

Hello everyone.

I'm a US citizen living abroad for almost 3-4 years.  I'm married to a British Citizen for almost 2 years (this December).  We currently reside in Switzerland. With a recent death (July) of my grandfather who raised me, I feel like I need to be closer to the family I have left.  My husband and I have a very traditional relationship, he's the primary income earner/breadwinner, and I'm the homemaker. So in order for us to go back to the US, he needs to come with me, as I cannot support my self financially,  I do have some ties to the US, in regards to a student loan that needs to start to be paid in January of 2019 and a bank with small amounts of funds.  My husband is an educator/academic and several places have reached interest in him, so the opportunity of working for him is not an issue (kind of what happens when he has a Ph.D), however, most places can't really go much further than an interview since he can't legally work there yet.  Since his job in academia is unique (compared to working in retail where you can start whenever) he usually can only start in Summer or in some cases Dec/Jan.

I guess the only criteria we can somewhat say is, will this be counted as a sever lost of financial situation to me? because if he doesn't get it in time, he can't start working, and we can't immigrate, meaning I can't pay my student loans. And if we can't live there, there is not really a point to pay them, since my co-signer is now dead, etc. We are stuck between a rock and a hard place.  The other option is: after his contract is up in Switzerland, is that we will move back to Asia and just live there if we can't move back to the US.

[Roel 7,191]

Sorry, but I don't see grounds for expedite here.

Just because you want to move to the US faster and you can't do it alone, it's not an expedite reason.

Everyone could claim that then.

 

And saying that you need to go back to pay your student loans is also not a reason for an expedite. You can pay a loan from anywhere in the world. All you need is bank account.

 

All you can do is wait.

Edited August 18, 2018 by Roel

[pushbrk 12,105]

You can live in the US without supporting yourself if your husband can support you.  Let that sink in.  That you don't like the idea does not mean you have a hardship.  No, that's not a reason for an expedite.  You are going to be the sponsor.  Your husband's income cannot be used to help you qualify but enough liquid assets can.  

 

Even if you could get an expedite, you would need to deal with the sponsorship issue, BEFORE getting the visa.

 

Visas are valid for six months, so you could arrange to finish the visa process a few months before September.  Filing next spring would do that, or file anytime and delay the visa interview until the spring of 2020.

[Roel 7,191]

That's a good point. How are you going to sponsor your husband for a visa if you don't have a job? Or a co-sponsor? I understand the traditional marriage thing, but nothing stops you from going back to the US and finding a job so you can pay your debts and sponsor your husband. So you can't tell USCIS to process your case faster just because you need your husband to find a job in the US faster... You know?

 

There is really no grounds for expedite here.

[Misyga 0]

Thank you, everyone, for the comments. I guess we just need to wait and hope for the best.  Another question: is it possible for the future employer to help expedite it on their behalf?

 

[Roel 7,191]

For the spouse visa? No. It's not possible.

[Misyga 0]

Just now, Roel said:

For the spouse visa? No. It's not possible.

Can they file for a working one? even if we filed for a spousal one?

[Roel 7,191]

3 minutes ago, Misyga said:

Can they file for a working one? even if we filed for a spousal one?

Honestly you're just trying to make all this waay over complicated.

They won't expedite any work visa for your spouse. Even IF someone would want to sponsor him, it will still take months. Not to mention work visas are usually non-immigrant.

 

Sit tight. And wait for your spouse visa.

Work on your sponsorship abilities.

 

Edited August 18, 2018 by Roel

[Misyga 0]

Just now, Roel said:

Honestly you're just trying to make all this waay over complicated.

They won't expedite any work visa for your spouse. Even IF someone would want to sponsor him, it will still take months. Not to mention work visas are usually non-immigrant.

 

Sit tight. And wait for your spouse visa.

Work on your sponsorship abilities.

Well, to be fair, it is complicated...

 

[Roel 7,191]

It's not. 

 

Steps:

1. Work on your domicile and sponsorship issues. If you don't want to find work, find a cosponsor. 

2. File i130 if you haven't already. 

3. Wait 12 to 14 months  

4. Profit. 

 

Getting work Visa involved is completely unnecessary. 

 

 

[Boiler 43,429]

I will actually go against the flow and think a Work Visa, say a L would be a very good option, dual intent, his Employer pays for the move etc he gets to the US much quicker and can adjust to LPR at your leisure.

[JFH 12,189]

You can certainly try - it costs you nothing to request an expedite and the worst that can happen is that they say "no". But I find it very unlikely that you will be granted one because of the life choices you have made. Everything (except the death of your grandfather) that you have listed as your reason for wanting an expedite is a choice you have made. Nothing is beyond your control. You have chosen to live in Switzerland, chosen to have a "traditional" arrangement for your marriage, chosen not to work, chosen to move back home at some point. 

 

As a USC you can come back here today, if you wish. Again, it is your choice to stay with your husband. No one is holding a gun to your head forcing you to stay. You say you want to move back to be with your family - I assume you could live with a family member, if only temporarily, while you get yourself a job and a place to live. It's 2018 - you don't have to personally visit an employer to apply for a job. Before I immigrated here in 2016 I applied for my job from the U.K. I was interviewed over a series of Skype video calls with the management team. I was offered the position without even leaving the house and I started less than 2 weeks after I arrived. If I can do that as a non-citizen, you as a USC can certainly achieve that. You have to think outside the box a little more and work hard and creatively for the things you want in life. Not everything is going to be handed to you. Have you asked your family members if there are any jobs going at their workplaces? Even an entry-level job such as answering the phone or processing the mail would be a start and who knows what doors it could open for you? This is YOUR life and you need to take control and not expect USCIS to do it all for you. 

 

We all understand you don't want you be apart from your husband. I can assure you wholeheartedly that not one single member of this forum enjoyed the separation from their spouse. At times I thought I'd rather lose my right arm than face another day apart from my husband. I went through two hospitalizations and he went through the death of his father and stepmother without being by each other's side. I promise you I do not love my husband any less than you love yours but we survived 4.5 years of only being able to see each other for a week here and there. No one has yet died from the separation. 

Edited August 18, 2018 by JFH

[Jojo92122 1,924]

1 hour ago, Boiler said:

I will actually go against the flow and think a Work Visa, say a L would be a very good option, dual intent, his Employer pays for the move etc he gets to the US much quicker and can adjust to LPR at your leisure.

An L for an academic position?   An intracompany transfer?   His Swiss school has a branch in the US to transfer him to?  

 

Be realistic.  OP is throwing anything out to see if it sticks.  A work visa is not the solution here.  The only realistic thing is to wait for the IR-1 visa.  

Edited August 18, 2018 by Jojo92122

[Jojo92122 1,924]

7 hours ago, Misyga said:

Hello everyone.

I'm a US citizen living abroad for almost 3-4 years.  I'm married to a British Citizen for almost 2 years (this December).  We currently reside in Switzerland. With a recent death (July) of my grandfather who raised me, I feel like I need to be closer to the family I have left.  My husband and I have a very traditional relationship, he's the primary income earner/breadwinner, and I'm the homemaker. So in order for us to go back to the US, he needs to come with me, as I cannot support my self financially,  I do have some ties to the US, in regards to a student loan that needs to start to be paid in January of 2019 and a bank with small amounts of funds.  My husband is an educator/academic and several places have reached interest in him, so the opportunity of working for him is not an issue (kind of what happens when he has a Ph.D), however, most places can't really go much further than an interview since he can't legally work there yet.  Since his job in academia is unique (compared to working in retail where you can start whenever) he usually can only start in Summer or in some cases Dec/Jan.

I guess the only criteria we can somewhat say is, will this be counted as a sever lost of financial situation to me? because if he doesn't get it in time, he can't start working, and we can't immigrate, meaning I can't pay my student loans. And if we can't live there, there is not really a point to pay them, since my co-signer is now dead, etc. We are stuck between a rock and a hard place.  The other option is: after his contract is up in Switzerland, is that we will move back to Asia and just live there if we can't move back to the US.

Here is the harsh reality.

 

It takes a USC a little over a year to petition a spouse for an immigrant visa.  There are lots of couples waiting for their turn. 

 

What makes your case special that requires your husband's case to be expedited before all the other couples and you don't have to wait like them?

 

You don't have a financial loss.  You have a desire to come home to be near your family because your grandfather died.  Your husband can keep working at his current job and wait for his visa like everyone else.  You can support yourself financially by getting a job.

 

If you don't see a point in paying your student loans now that the co-signer is dead, then those loans will hang over your head if you ever decide to come back to live in the US.  Bye bye good credit score.  Bye bye ability to rent a place.  Bye bye ability to finance a car.  

 

There is only one path for your husband to immigrate to the US, an IR-1 spousal visa which takes about a year to get.  

 

This is the reality of immigration.  It takes patience and planning.  

[RobV 0]

He might qualify for NIW and get a green card without the need for sponsor. Depends on his academic field, publications and citations. However, it is not an easy process and definitely not fast.

Edited August 18, 2018 by RobV