Expedite with Children who are USC

[JPF 0]

Hi,

My husband is a USC and I'm British. We have 2 children that are both American citizens by default from their dad. They both hold American passports and social security numbers. 

 

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

 

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

 

 

 

[debbiedoo 2,339]

11 minutes ago, JPF said:

Hi,

My husband is a USC and I'm British. We have 2 children that are both American citizens by default from their dad. They both hold American passports and social security numbers. 

 

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

 

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

 

 

 

slim to none.

 

medical care is available in the UK and your son can start school there and then move and transfer (or you can wait until school is out for the year)

[geowrian 22,335]

14 minutes ago, JPF said:

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

1) That Priority Date (PD) looks wrong. The PD would be the date the I-130 was successfully filed. Presumably that would be Dec. 2018.

2) Why aren't you allowed to travel to the US?

 

14 minutes ago, JPF said:

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

You can apply fine at any time.

 

Likelihood of approval is slim to none. What's the basis/need? This will need to be substantiated as well.

Expedite criteria: https://www.uscis.gov/forms/expedite-criteria

[arken 4,197]

7 minutes ago, debbiedoo said:

slim to none.

 

medical care is available in the UK and your son can start school there and then move and transfer (or you can wait until school is out for the year)

Or the husband can bring the kids to NYC. When there are options, expedite is slim to none for sure.

Edited June 19, 2019 by arken

[debbiedoo 2,339]

1 minute ago, arken said:

Or the husband can bring the kids to NYC. When there are options, expedite is slim to none for sure.

yup that too 

[SalishSea 16,772]

22 minutes ago, JPF said:

Hi,

My husband is a USC and I'm British. We have 2 children that are both American citizens by default from their dad. They both hold American passports and social security numbers. 

 

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

 

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

 

 

 

The children are  <2 years old, and you want to expedite so they can start school and go to the doctor?  

 

That does not sound legit.

 

As others have mentioned, your USC husband is free to bring them over for those reasons.

 

Just curious, do you have a bar for overstay?

[JFH 12,189]

Why are you not able to visit? If you’re barred from visiting your visa to immigrate could have added steps and delays also. Do you have a criminal record? Have you previously overstayed? 

 

Since when did children under 2 have to go to school? The U.K. starts them young at 4 years old, but 2? 

[Going through 5,668]

48 minutes ago, JPF said:

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

Almost 0% it would be approved.  Your daughter is a USC with a US passport who can travel to the US at any time with her father to access her doctor for treatment/illness.

 

A two year old child attending school?  Do you mean daycare?

[Just Paul 4,591]

53 minutes ago, JPF said:

Hi,

My husband is a USC and I'm British. We have 2 children that are both American citizens by default from their dad. They both hold American passports and social security numbers. 

 

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

 

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

 

 

 

With 2 kids it would seem he could have had some sort of residency and could have filed a DCF based petition.

 

Please file in a timeline so it is easier to advise.    

[Nitas_man 3,100]

1 hour ago, JPF said:

Hi,

My husband is a USC and I'm British. We have 2 children that are both American citizens by default from their dad. They both hold American passports and social security numbers. 

 

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

 

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

 

 

 

None

 

https://www.uscis.gov/forms/how-make-expedite-request

 

Take a look.  I’m just not seeing the pressing emergency required to qualify for expedite.

 

 

[Boiler 43,438]

A child under 2 having a Doctor in NYC and living in the UK is certainly unusual.

[geowrian 22,335]

15 minutes ago, Boiler said:

A child under 2 having a Doctor in NYC and living in the UK is certainly unusual.

And attending school in a few months.

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[JPF 0]

4 hours ago, Jorgedig said:

The children are  <2 years old, and you want to expedite so they can start school and go to the doctor?  

 

That does not sound legit.

 

As others have mentioned, your USC husband is free to bring them over for those reasons.

 

Just curious, do you have a bar for overstay?

I had been traveling back and forth under a  tourist visa, and at that time we wasn't married, however on my last entry to the us they said I could no longer travel on B2 and need to apply I-130 because my ties to the us were too strong. After being detained by immigration for 3 hours at us boarder officers, they said this is the last time I'm allowed in without applying  for permanent residency, and could not change me status. I think they took sympathy because I had 2 small children and to send me back to the uk on my own would have looked bad I guess. At the this time we were just engaged and had planned our wedding for September 2019, but due the incident at the airport we just got married in nyc and filed the petition the next day. The reason we had been taking so long because my now husband was considering coming to the uk after the wedding but that's now not a option.

 

I started to look into a doctor in the US for my daughter because I had been advised by her NHS'  treatment over there for what she has is more advance. 

 

In september my son turns 3 and he has been awarded a pre school place under the free P-k for all.

 

My oldest is 2'and 9 months and my daughter one year; he would need to give up his job to bring them over to nyc and transition them, realistically that's not possible  

1 hour ago, geowrian said:

And attending school in a few months.

[Roel 7,191]

Your kids are USC and they can go to the US whenever they want. You will not get an expedite because there is absolutely no reason for it. Stop trying to use your kids to play the system and wait your turn.