Filing Expedite for Job Loss

[Tasty 0]

Hi all,

 

First-time poster here, and I’m very happy to find this community. We all know about the recent pushback in dates due to delays at USCIS for the K-1 visa, and it has me seriously considering trying to file for expedite in a few months.

 

Here’s my situation:

 

Fiancee and I have been together for 3 years, living together for 2.5, and engaged for about 2 years. We met when she was managing her family’s restaurant. It’s a super-cute story, but I’ll spare you the details😅

I filed an I-129f and received NOA1 on June 18th, 2021. 
 

My employment contract as a teacher in the beneficiary’s home country (Cambodia) is finished on June 31st, 2022. The school can’t renew my contract because they need someone who is able to stay the full year, so I am out of work as of July 1st, 2022. My school and I are on very, very good terms. They understand the situation and have told me they are willing to both provide character references and documents stating the reason that they aren’t able to continue my employment.

I am the only one currently able to financially support my fiancée here in her home country, and I really do not want to have to leave her here just to go back and work in the US without her. I have plans to take a couple of courses and start work as soon as she and I get to the US, so support won’t be an issue. Knowing that alone won’t be enough for the me to establish enough support, I also have full support from my parents on the Affidavit of Support. They make roughly 3-4x the minimum household income required, so that shouldn’t be an issue. 
 

I see on some of the gov’t webpages that job loss could be a possible reason for expedite as a Severe Financial Loss or something similar(?), and I’m wondering if anyone has any experience with this, or could give me some perspective as to my possible chances of being approved for it. One of my parents has a relationship with our local congressperson who I would be filing this request through, in the hopes that it will actually get looked at/considered.
 

Thanks so much for reading, and double thanks for any help or advice🙏
 

-Eric (Tasty)

[DSBeijing 303]

11 minutes ago, Tasty said:

Hi all,

 

First-time poster here, and I’m very happy to find this community. We all know about the recent pushback in dates due to delays at USCIS for the K-1 visa, and it has me seriously considering trying to file for expedite in a few months.

 

Here’s my situation:

 

Fiancee and I have been together for 3 years, living together for 2.5, and engaged for about 2 years. We met when she was managing her family’s restaurant. It’s a super-cute story, but I’ll spare you the details😅

I filed an I-129f and received NOA1 on June 18th, 2021. 
 

My employment contract as a teacher in the beneficiary’s home country (Cambodia) is finished on June 31st, 2022. The school can’t renew my contract because they need someone who is able to stay the full year, so I am out of work as of July 1st, 2022. My school and I are on very, very good terms. They understand the situation and have told me they are willing to both provide character references and documents stating the reason that they aren’t able to continue my employment.

I am the only one currently able to financially support my fiancée here in her home country, and I really do not want to have to leave her here just to go back and work in the US without her. I have plans to take a couple of courses and start work as soon as she and I get to the US, so support won’t be an issue. Knowing that alone won’t be enough for the me to establish enough support, I also have full support from my parents on the Affidavit of Support. They make roughly 3-4x the minimum household income required, so that shouldn’t be an issue. 
 

I see on some of the gov’t webpages that job loss could be a possible reason for expedite as a Severe Financial Loss or something similar(?), and I’m wondering if anyone has any experience with this, or could give me some perspective as to my possible chances of being approved for it. One of my parents has a relationship with our local congressperson who I would be filing this request through, in the hopes that it will actually get looked at/considered.
 

Thanks so much for reading, and double thanks for any help or advice🙏
 

-Eric (Tasty)

Hi here you can find the explanation on what qualifys for expedite request

https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

As it is written, it looks that job loss is only relevant if slow processing by USCIS will cause you to lose a job. 

But you can always try.

[IWander 589]

Being out of work will make it difficult to qualify as a sponsor.  

[Letspaintcookies 2,310]

 

4 minutes ago, IWander said:

Being out of work will make it difficult to qualify as a sponsor.  

That's a moot point since your foreign earned income doesn't count anyways for the sponsor requirements. The hardship has to be for the petitioner and from your description I only see an emotional hardship for you to leave her back in Cambodia. Since almost everyone on here has gone through times of separation it's obviously not a good enough reason.

Edited January 29, 2022 by Letspaintcookies

[IWander 589]

1 minute ago, Letspaintcookies said:

 

That's a moot point since your foreign earned income doesn't count anyways for the sponsor requirements. The hardship has to be for the petitioner and from your description I only see an emotional hardship for you to leave her back in Cambodia. Since almost everyone on here has gone through times of separation it's obviously not a good enough reason.

I said being out of work.  Period.  I didn't say out if work in Cambodia.  

[aaron2020 11,651]

Sorry, you're not going to qualify for a hardship expedite.

 

You not wanting to leave her to go back to the US to work is not a hardship.  Separation is a part of immigrating to the US.

[Letspaintcookies 2,310]

12 minutes ago, IWander said:

I said being out of work.  Period.  I didn't say out if work in Cambodia.  

You said you can go back to work immediately when you return to the US so that implies that you only won't have a job if staying in Cambodia. 

[IWander 589]

Just now, Letspaintcookies said:

You said you can go back to work immediately when you return to the US so that implies that you only won't have a job if staying in Cambodia. 

I said nothing of the like.  You must be confused and are attributing to me what others may have said.

[Letspaintcookies 2,310]

14 minutes ago, IWander said:

I said nothing of the like.  You must be confused and are attributing to me what others may have said.

Geeez sorry I did confused you with OP 🤦‍♀️ 

My point still stands, OP's job loss in Cambodia is not a reason for an expedite since he can go back to the States and work there.

[Tasty 0]

5 minutes ago, Letspaintcookies said:

Geeez sorry I did confused you with OP 🤦‍♀️ 

My point still stands, OP's job loss in Cambodia is not a reason for an expedite since he can go back to the States and work there.

You’re absolutely right. Thanks for the reality check! I’m going to double back and try to see about having a contingency plan for employment of at least another semester, in the case I don’t even get NOA1 by June. It’s gonna stink a bit having to wait to travel home and possibly commit here at least until December, however I might still be home for Christmas at this rate, anyway.
 

But like you mentioned, there are people that have it wayyyyy tougher with this process than I do. Thankful I get to be here with her..

[Letspaintcookies 2,310]

14 minutes ago, Tasty said:

You’re absolutely right. Thanks for the reality check! I’m going to double back and try to see about having a contingency plan for employment of at least another semester, in the case I don’t even get NOA1 by June. It’s gonna stink a bit having to wait to travel home and possibly commit here at least until December, however I might still be home for Christmas at this rate, anyway.
 

But like you mentioned, there are people that have it wayyyyy tougher with this process than I do. Thankful I get to be here with her..

I mean you can always try to expedite. Building a case on if you have to go back without her you'll have to support two households tho that would work better if ya would be married. Spouses kinda count more than fiancees when it comes to responsibilities for each other. But it's free to try.

Edited January 29, 2022 by Letspaintcookies

[Boiler 45,658]

I am at a bit of a loss to see the financial loss as it would be self inflicted.

 

K1 seems a really odd choice when money is such an issue.

[Redro 4,611]

6 hours ago, Tasty said:

Hi all,

 

First-time poster here, and I’m very happy to find this community. We all know about the recent pushback in dates due to delays at USCIS for the K-1 visa, and it has me seriously considering trying to file for expedite in a few months.

 

Here’s my situation:

 

Fiancee and I have been together for 3 years, living together for 2.5, and engaged for about 2 years. We met when she was managing her family’s restaurant. It’s a super-cute story, but I’ll spare you the details😅

I filed an I-129f and received NOA1 on June 18th, 2021. 
 

My employment contract as a teacher in the beneficiary’s home country (Cambodia) is finished on June 31st, 2022. The school can’t renew my contract because they need someone who is able to stay the full year, so I am out of work as of July 1st, 2022. My school and I are on very, very good terms. They understand the situation and have told me they are willing to both provide character references and documents stating the reason that they aren’t able to continue my employment.

I am the only one currently able to financially support my fiancée here in her home country, and I really do not want to have to leave her here just to go back and work in the US without her. I have plans to take a couple of courses and start work as soon as she and I get to the US, so support won’t be an issue. Knowing that alone won’t be enough for the me to establish enough support, I also have full support from my parents on the Affidavit of Support. They make roughly 3-4x the minimum household income required, so that shouldn’t be an issue. 
 

I see on some of the gov’t webpages that job loss could be a possible reason for expedite as a Severe Financial Loss or something similar(?), and I’m wondering if anyone has any experience with this, or could give me some perspective as to my possible chances of being approved for it. One of my parents has a relationship with our local congressperson who I would be filing this request through, in the hopes that it will actually get looked at/considered.
 

Thanks so much for reading, and double thanks for any help or advice🙏
 

-Eric (Tasty)

Does your girlfriend not work? Are you able to stay in Cambodia after you stop working or do you need to leave the country July 1st? 

K1s were low priority in 2021, so the fact you only applied in June when you knew your work contract would end June 31st means you probably don't qualify to expedite as you didn't apply for the benefit in a timely fashion. 

If things stay as they are you'll hopefully receive your NOA2 in May and your girlfriend will be able to interview in August (as NOA2 to interview in Cambodia appears to be 3 months). A month separation isn't too terrible if you have to leave Cambodia July 1st. But, if you don't have to leave immediately I would just stay in the country and hope the girlfriend receives her visa after her interview. 

If you think there is a possibility the visa could be denied, I would stay on with your school. The last two K1 Cambodia journeys I read about on this forum resulted in denials and both couples needed to get married and start over with the IR1/CR1 process. 

[SalishSea 17,921]

13 hours ago, Boiler said:

I am at a bit of a loss to see the financial loss as it would be self inflicted.

 

K1 seems a really odd choice when money is such an issue.

I agree.  OP, why did you choose the K-1, if you are living together overseas?  CR-1 would have made much more sense.

 

Do you realize that if she is approved for the K-1 and comes here, she will not be able to work or travel for 8 months?

[powerpuff 6,727]

~ Moved from K1 Progress Reports to Process ~