USCIS Expedite Request Denied?!

[Jamie and Richard 26]

Hi All,

 

I'd like to preface this message by asking that you all please be kind to me in your responses. I am currently 15 weeks pregnant, super fragile and suffering from several panic attacks right now, and just need empathy and support. While I appreciate honesty, I need empathy the most right now. 

 

I am the petitioner and my fiance is the beneficiary. Yesterday I contacted USCIS customer service and put in an expedite request for my fiance and my I129f form. My pregnancy was very much so unexpected (yes, I know what happens when you're not abstinent, but it still was unexpected). Like I said earlier in my message, I am suffering from several panic attacks to the point that I broke out in hives and had to go to urgent care at one point. I have a history of anxiety and depression and was on medication for years prior to my pregnancy. 6 months ago I was in a really good place mentally and emotionally and made the decision (with my doctor and therapist of course) to carefully ween off my medication. Well now that I am pregnant my anxiety and depression has come back full force! All my close friends have recently moved to distant cities or out of state to pursue wonderful careers. My family also lives in distant cities, and my parents are not able to assist as much as they'd like because they are currently taking care of my uncle who is receiving treatment for cancer. My OB, PCP and therapist are all concerned to the point that they went out of their way on their own to write a letter for me to send to USCIS urging that my fiance is here to support emotionally and mentally through this process as I don't have any one near by at the moment to help. They also don't feel it is a good idea for me to move to his country until the birth of the child because they need to keep me under their care at this time for my health and the health of our baby. I explained all of this to the representative over the phone yesterday and got the email today that my request is denied because it doesn't fall under any of the categories to submit an expedite request. I am so confused? They didn't even give me the chance to submit documents supporting my request! Now I have to wait an additional 5 business days to submit another request. Does anyone have some advice in regards to this? I am reaching out to a lawyer but wanted to reach out for support as well because these panic attacks are overwhelming and I am concerned about the health of my baby.

[Boiler 43,631]

Perhaps he could visit?

 

An approved expedite speeds up the process but it is still not quick.

[beloved_dingo 1,938]

Unfortunately pregnancy in itself isn't considered a valid reason to expedite. Your struggles with anxiety/depression could possibly fall under "Emergencies and urgent humanitarian reasons" as that includes illnesses and disabilities. However (and please understand I am not trying to belittle how you are feeling), probably thousands of petitioners currently waiting on their partners or family members are struggling mentally, emotionally, financially, etc. so they are not going to approve every request where someone is having a hard time with life. 

 

Next time you submit an expedite request, perhaps try doing it through "Ask Emma" rather than a live agent. You may be able to type out your reasons if you do that as opposed to relaying information to someone over a phone call. 

 

"You can generally request expedited processing by calling the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) or by asking Emma after you have obtained a receipt notice.  (You can access Emma by clicking on the Ask Emma icon on the top right of this page). The USCIS Contact Center will not be able to refer the expedite request to the appropriate office without a receipt number." https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request#

 

Also I agree with Boiler, if your partner can visit, he should do so ASAP. 

[Dashinka 23,330]

Sorry to hear what you are going through.  As @beloved_dingomentioned, pregnancy by itself is not a reason to expedite, but you can always try again.  Just know that even if an expedite is eventually granted, it will not speed up the process that much.

 

Good Luck!

[Jamie and Richard 26]

@Boiler I've been told that he can't get a B1/B2 because of the pending I129f form. They will make the assumption that he isn't planning to leave the country because of his already pending form with USCIS. Also, it looks like in the DR it is taking them close to 3 years to get visitor visa appointments booked! I will be visiting him next month though for a few weeks. 

Edited July 22, 2022 by Jamie and Richard

[Boiler 43,631]

12 minutes ago, Jamie and Richard said:

@Boiler I've been told that he can't get a B1/B2 because of the pending I129f form. They will make the assumption that he isn't planning to leave the country because of his already pending form with USCIS. Also, it looks like in the DR it is taking them close to 3 years to get visitor visa appointments booked! I will be visiting him next month though for a few weeks. 

He is not banned but obtaining a visitor visa before applying to immigrate seems easier

 

good to hear you are visiting 

[Jamie and Richard 26]

@beloved_dingo  @Dashinka  Thank you both for your kindness. Pregnancy is not the reason for my expedite request, but simply that I am struggling from resurfaced anxiety and depression that I have been medically diagnosed with. It is now not easy to cope with right now because of my inability to take medication because of pregnancy and lack of emotional and mental support from friends and family not living within close proximity. I made sure to educate myself on the whole visa process prior to filing our forms because I wanted to be sure I wasn't making any mistakes or hasty decisions., so I understand that pregnancy alone is not a reason for expedite. While I don't want to trivialize anyone's emotional and mental state, this is something I have been struggling with for most of my life and have had the ability to cope with prior to my pregnancy because I had useful tools in life that I no longer have accessible to me (i.e. medication, support of family and friends). My clinical depression and anxiety is also manifesting physically within my body that could also be putting the health of my child at risk. @beloved_dingo I agree with what you said in using "Ask Emma" for the next request. This will be my next choice if I choose to not hire a lawyer.

[ClemsonC 62]

Im so very sorry to hear all that you are struggling with. I struggled with a lot of that too 6 years ago when I was pregnant. 

Unfortunately, it needs to be a life / death medical emergency , depression and anxiety isn't seen as a reason to expedite in most cases. Hopefully you guys can figure out a way to visit. 

[mushroomspore 3,043]

37 minutes ago, Jamie and Richard said:

@beloved_dingo  @Dashinka  Thank you both for your kindness. Pregnancy is not the reason for my expedite request, but simply that I am struggling from resurfaced anxiety and depression that I have been medically diagnosed with. It is now not easy to cope with right now because of my inability to take medication because of pregnancy and lack of emotional and mental support from friends and family not living within close proximity. I made sure to educate myself on the whole visa process prior to filing our forms because I wanted to be sure I wasn't making any mistakes or hasty decisions., so I understand that pregnancy alone is not a reason for expedite. While I don't want to trivialize anyone's emotional and mental state, this is something I have been struggling with for most of my life and have had the ability to cope with prior to my pregnancy because I had useful tools in life that I no longer have accessible to me (i.e. medication, support of family and friends). My clinical depression and anxiety is also manifesting physically within my body that could also be putting the health of my child at risk. @beloved_dingo I agree with what you said in using "Ask Emma" for the next request. This will be my next choice if I choose to not hire a lawyer.

Unfortunately, this is just how the process is with the US immigration system. As Boiler said, even if an expedite were granted, it still isn't lightning fast. Governments and bureaucrats take however long they take and the hard truth is that applicants are at the mercy of however long it takes. A lawyer has no power or influence in speeding up a case.

[Crazy Cat 39,425]

USCIS has established categories for a valid expedite.  Severe Financial Loss is a popular one I have seen.   USCIS receives many, many, many expedite requests every day.  There are thousands and thousands of people already patiently waiting for their loved ones to be processed.  Those are just the facts.  Good luck on your journey.  The immigration process is a very, very stressful experience for all of us.  I wish you and your family well. 

[African Zealot 1,453]

How much does expediting cut down the total time for the process? Don’t get your hopes up even if you’re approved. Fortunately Dominican Republic is very nearby.

[finrazor 0]

I might suggest seeing if you can get through to your state congress representative or senator to see if they might listen to your issue here. They have the ability to inquire on your behalf and maybe, just maybe, move your case along a little faster.