Expedite with Children who are USC

[Boiler 43,581]

Sounds like the OP was abusing the VWP, not using a Visa, applied for a B, refused, did not update ESTA with refusal and then tried to enter again.

[Unlockable 7,306]

1 hour ago, JPF said:

think I'll still try despite the discouragement and judgement, thank you

 

1 hour ago, JPF said:

This is not a case of comparing who loves their husband more, simply for me to find others in a similar  situation. The lawyer had advised I could expedite but I guess from the responses here it's not true.

 

Sorry for the situation you are in. I just want to clarify that you are, in fact, free to try for an expedite. You may be taking the responses as telling you not to do it at all, which is not the case. You can ask for an expedite but I think most are saying to do so without getting your hopes up too high for an approval. 

 

Quote

 

My esta was withdrawn because I was denied a 6 months visa due to ties being too strong to the US. 

I believe this is what caused the problem, because I didn't know that if you are ever declined a visa your esta is revoked. Wish I didn't apply! 

 

Oh no. I really wish you would have found this site before you applied for a B2. We see this too many times where people from VWP countries think applying to stay longer in the US is not a big deal.

 

Regardless, the best of luck to you moving forward. And for any other immigration advice you may need, you can feel free to research here. VJ has seen just about every situation you can think of.

[Mollie09 1,543]

2 hours ago, Boiler said:

Sounds like the OP was abusing the VWP, not using a Visa, applied for a B, refused, did not update ESTA with refusal and then tried to enter again.

I was going to say, we're missing a step here.

OP applied for a B2, that was denied, and she didn't update ESTA? But she says ESTA was denied? So she tried ESTA even though it was denied?

[JPF 0]

38 minutes ago, Mollie09 said:

I was going to say, we're missing a step here.

OP applied for a B2, that was denied, and she didn't update ESTA? But she says ESTA was denied? So she tried ESTA even though it was denied?

Once I applied for a B2 the esta was cancelled, but I didn't know this at the time. It was only flag once I had traveled to the US. 

 

Before that, I hadn't visited the us in 18 months 

[Boiler 43,581]

5 minutes ago, JPF said:

Once I applied for a B2 the esta was cancelled, but I didn't know this at the time. It was only flag once I had traveled to the US. 

 

Before that, I hadn't visited the us in 18 months 

I doubt it was cancelled, certainly is not automatic, more likely the issue was your failure to update ESTA with your refusal.

 

How come one child was able to attend Doctor's appointments, did the Father take the child?

[JPF 0]

3 hours ago, Boiler said:

Sounds like the OP was abusing the VWP, not using a Visa, applied for a B, refused, did not update ESTA with refusal and then tried to enter again.

Im repeating exactly what they said to me at the border. Not sure if it's true or not.

 

they did allow me in eventually, I haD shown them a letter from her doctor in the uk mentioning travel to the US to seek further medical attention. At the time she was 4 months. Also I think they genuinely believed my case. 

 

Their main concern was that I didn't overstay and apply to change my status once I was in. 

[Cryssiekins 976]

@JPF

 

I don’t think anyone is trying to be a downer, but realistically it’s not likely your expedite will be approved, so any post saying that is encouraging you to prepare for plan B.  Apply for it, worst case, it’s denied and you wait.

 

We ALL understand the pain in every aspect of dealing with USCIS, every journey and circumstance is different, but we’ve all been there, done that, so to speak.

 

If you do have to wait the year old, try and find creative solutions.  Perhaps a family visit in Canada, regular face-time, etc.  It will suck, but it’s not indefinite, so there will be a light at the end of the tunnel. 

[Boiler 43,581]

2 minutes ago, JPF said:

Im repeating exactly what they said to me at the border. Not sure if it's true or not.

 

they did allow me in eventually, I haD shown them a letter from her doctor in the uk mentioning travel to the US to seek further medical attention. At the time she was 4 months. Also I think they genuinely believed my case. 

 

Their main concern was that I didn't overstay and apply to change my status once I was in. 

These are people with High School qualifications, they are unlikely to be aware or care about the technicalities.

 

Obviously you could have changed your status in the US by filing to adjust but that is water under the bridge now.

[JPF 0]

6 minutes ago, Cryssiekins said:

@JPF

 

I don’t think anyone is trying to be a downer, but realistically it’s not likely your expedite will be approved, so any post saying that is encouraging you to prepare for plan B.  Apply for it, worst case, it’s denied and you wait.

 

We ALL understand the pain in every aspect of dealing with USCIS, every journey and circumstance is different, but we’ve all been there, done that, so to speak.

 

If you do have to wait the year old, try and find creative solutions.  Perhaps a family visit in Canada, regular face-time, etc.  It will suck, but it’s not indefinite, so there will be a light at the end of the tunnel. 

Yeah I did consider the Canada option.

 

 

[JPF 0]

1 minute ago, Boiler said:

These are people with High School qualifications, they are unlikely to be aware or care about the technicalities.

 

Obviously you could have changed your status in the US by filing to adjust but that is water under the bridge now.

Unfortunately, I had to come back to the uk, hence why this was not an option 

[George & Roth 1,485]

18 hours 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?

 

 

 

Haven’t read the rest of the thread, however, I has a similar situation with my son being in Cambodia with his mom. 

 

 I tried to expedite but as expected was denied an expedite. 

[JPF 0]

2 minutes ago, George & Roth said:

Haven’t read the rest of the thread, however, I has a similar situation with my son being in Cambodia with his mom. 

 

 I tried to expedite but as expected was denied an expedite. 

Ah man, sorry to hear, it's tough! 

[George & Roth 1,485]

1 minute ago, JPF said:

Ah man, sorry to hear, it's tough! 

Thanks, we made it through and now we’re here together! I know it’s very tough. We lived together for years and had our son, to be separated after already living as a family was so difficult as it is for you now. 

 

I went back to visit (I’m the USC) during middle of the process and it really helped. She could not visit as they would reject the visa. I recommend a visit

 

Good luck

 

 

[JFH 12,189]

1 hour ago, JPF said:

 

 

Their main concern was that I didn't overstay and apply to change my status once I was in. 

Everyone falls under that suspicion. It's the CBP's job to assume that and the visitor's challenge to prove them wrong. It's an even bigger challenge when married to a USC - most of us have found ourselves in secondary because of that. You're certainly not alone in having a rough ride through CBP.

[Nitas_man 3,100]

6 hours ago, JPF said:

First child came unexpectedly, and we delayed applying because of this wait as I wanted visit when baby arrived. 

 

It appears immigration law does not recognise cohabiting relationships, thus it marriage or nothing.

Nothing?  

 

Lots of people arrive on work visas or student visas or on the visa lottery or as refugees or as asylum seekers.  

 

 

6 hours ago, JPF said:

You made need to further explain the difference between waiting to file and petition.

 

 

This is your husband’s job and he seems to care more about creating “unexpected events” than actually getting his family together.  

 

He has had LOTS of time to file a petition for you between “unexpected events” (you can’t be serious about that)

 

It is his, not your, job to file the petition and it is (also) his job to get it expedited if he chooses to do so.  Does he share the same sense of urgency?

 

SO:  In case he does I sent the link with expedite info already.  Ask him to file to expedite.  It’s his petition and he has to prove irreparable or significant harm if it is not expedited.   

 

https://www.uscis.gov/forms/how-make-expedite-request  here is the link again.  Good luck!