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Can I expedite the I-130?

 

My husband is the beneficiary. He currently lives in the USA, undocumented (EWI). We have an I-130 processing at Nebraska Center PD 05/15/18. His mother has been suffering from Alzheimer's disease and she is getting worse. He has not seen his mother in over 13 yrs, and would like to be able to visit her before she becomes completely forgetful and/or dies from health issues. He also has a daughter in his country he has never seen and needs to get custody of and needs to go to Guatemala to sign paperwork for those purposes.

 

Do these circumstances qualify him for expedite?

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5 minutes ago, Natasha Solis said:

Can I expedite the I-130?

 

My husband is the beneficiary. He currently lives in the USA, undocumented (EWI). We have an I-130 processing at Nebraska Center PD 05/15/18. His mother has been suffering from Alzheimer's disease and she is getting worse. He has not seen his mother in over 13 yrs, and would like to be able to visit her before she becomes completely forgetful and/or dies from health issues. He also has a daughter in his country he has never seen and needs to get custody of and needs to go to Guatemala to sign paperwork for those purposes.

 

Do these circumstances qualify him for expedite?

Did you file for advance parole? If you have a valid reason I believe you can get emergency advance parole at an infopass. Someone please correct me if I am wrong.

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Based on what I have read, the short answer is NO since it does not directly affect the US citizen..others might disagree.....unfortunately, this is a unexpected consequence of his actions.  I wish the very best for him and his family.  


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Oh my! 

 

So from my understanding...NO he can not get this expedited since all of this circumstances are not directly affecting the US Citizen!

 

I don‘t know the whole story but it sounds to me those are the consequences to his actions!

 

You guys have to wait it out!

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Just now, SusieQQQ said:

Am I missing something? I’m not an expert on this but I thought EWI spouses are not able to adjust status so wouldn’t he have to leave the country anyway?

Correct, he can leave anytime.

 

Getting back in is the issue. And would require waivers.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 minutes ago, SusieQQQ said:

Am I missing something? I’m not an expert on this but I thought EWI spouses are not able to adjust status so wouldn’t he have to leave the country anyway?

Good point.  He could go back to his country, visit/care for his mother, and wait for the process......

Edited by missileman

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Yup, as stated above.

Even if the I-130 were expedited, he needs an I-601A or else he will have a 10 year bar upon exit from the US anyway.

If he does leave anyway, which is 100% allowed to do, he can complete the process abroad. An I-601 would be needed after the interview (and is otherwise eligible for the visa) due to the 10 year bar he would receive.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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August 2019 is unlikely given that an I-601A will be needed. That alone is taking ~5-7 months.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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I 130 sent in May, do not know what else has been done.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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27 minutes ago, Natasha Solis said:

Thank you guys... this is what I imagined would be the answer. It was just a thought, figured I would ask. We are on track for him to hopefully get his visa by August of 2019. :)

 

It makes sense for him to leave soon as it seems he has a lot to sort out, not just his mom but with his kid as well. Presumably he will want to reduce the trauma of the move and build some kind of relationship with her before taking her away from her mom to the US (and I’m assuming mom is already on board with everything and there won’t be legal complications to add in).

do you have a waiver in process?

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My first question would be have you consulted with a Lawyer familiar with waivers?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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