Trying to request I-130 is expedited from outside the US (Merged)

[Stephie C 8]

Hi, I have made I-130 applications for my husband and children, all still pending. I had to get permission from the family court in the UK to remove my eldest daughter from the jurisdiction. We were granted permission, based on our proposed plan, including timeframe. The applications are taking longer than anticipated to process and I am now concerned that we will not be able to meet our proposed timeframe. One possible outcome if this were to happen is that the child’s father takes us back to court to revoke the original order. Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications? Thank for the help. 

Edited August 26, 2023 by Crazy Cat

[Boiler 43,434]

Can a UK Court mandate processing times for US Immigration? I would say no but no harm asking. It is free to do so.

 

I have not come across this situation before and it seems odd to negotiate a set timeline for a process that you have no control over.

 

 

[Chancy 6,233]

10 hours ago, Stephie C said:

Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications?

 

You can certainly request for an expedite, but set your expectations low that it will be approved for that reason.  It won't harm your case even if the expedite request is denied.

 

[pushbrk 12,110]

What is the "jurisdiction" in question?  To get the visa, you need permission for the child to immigrate permanently to the USA, or court ordered full custody.

Edited May 5, 2023 by pushbrk

[W199 264]

13 hours ago, Stephie C said:

Hi, I have made I-130 applications for my husband and children, all still pending. I had to get permission from the family court in the UK to remove my eldest daughter from the jurisdiction. We were granted permission, based on our proposed plan, including timeframe. The applications are taking longer than anticipated to process and I am now concerned that we will not be able to meet our proposed timeframe. One possible outcome if this were to happen is that the child’s father takes us back to court to revoke the original order. Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications? Thank for the help. 

So you are saying you made a proposed plan, that was accepted by the court, and now you want USCIS to meet your proposed plan too?  And furthermore you want USCIS to expedite based on a speculation of what might happen despite the fact that you alternatives such as going back to court? And the court order does not say what will happen if the time frame is not met? 

 

And you haven't even attempted to go back to court to get an extension, and have no proof that you can't extend it, or must abide by your proposed timeline,  or even what will happen if you don't meet your own proposed timeline?

 

And what is the worst that will happen if she can't leave the jurisdiction?  is that she will stay with her father and you won't get your way? What is the  humanitarian crisis that puts her in a serious life threatening danger or harm?  

 

Seems like you have a zero or negative chance at getting an expedite.

 

 

[Boiler 43,434]

I forgot I contributed to your prior post, you also have a husband and other children in process and have recently filed. So you intend to try and get this daughter in, get her GC and then return to wait out the others?

[Redro 4,599]

15 hours ago, Stephie C said:

Hi, I have made I-130 applications for my husband and children, all still pending. I had to get permission from the family court in the UK to remove my eldest daughter from the jurisdiction. We were granted permission, based on our proposed plan, including timeframe. The applications are taking longer than anticipated to process and I am now concerned that we will not be able to meet our proposed timeframe. One possible outcome if this were to happen is that the child’s father takes us back to court to revoke the original order. Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications? Thank for the help. 

Probably not all of the petitions just the one... but I don't know if USCIS will look favorably on "I want my daughter to leave the UK before her father changes his mind." It would sound like a custody dispute/ the father only agreed to the child moving to the US temporarily. 

Also, I believe the I-130 is just the petition to establish whether the person in question is allowed to apply for a certain visa. The documentation you obtained is only at a later stage ( I believe at NVC or interview). 

Edited May 6, 2023 by ROK2USA

[Stephie C 8]

8 hours ago, Chancy said:

 

You can certainly request for an expedite, but set your expectations low that it will be approved for that reason.  It won't harm your case even if the expedite request is denied.

 

Thanks very much for your response. So it won’t slow down the process further by asking? 

[Stephie C 8]

5 hours ago, Boiler said:

I forgot I contributed to your prior post, you also have a husband and other children in process and have recently filed. So you intend to try and get this daughter in, get her GC and then return to wait out the others?

Thanks for your reply. No all of the i130’s, for my husband and all of the children were filed at the same time. The USCIS website stated the estimated time until a decision. I used this information as evidence in court that my timeframe was reasonable. The court order was granted in January but in March the USCIS increased the estimated processing time for between four and nine months for all of the applications, hence why I’m now concerned that the timeframe  won’t be met. The court order doesn’t state a date when she has to leave, just that she is allowed from a certain date. My concern is there were a number of factors that led the judge to decide to let her go, if these factors change the father could potentially take us back to court and in the UK that could take about 2 years to sort out. Thank for your help 

Edited May 6, 2023 by Stephie C

[Stephie C 8]

7 hours ago, pushbrk said:

What is the "jurisdiction" in question?  To get the visa, you need permission for the child to immigrate permanently to the USA, or court ordered full custody.

The jurisdiction is England and Wales. I have a court order stating that I have permission to permanently remove her. This was granted in January. 

[Boiler 43,434]

I am not sure how long you expect the whole process to take, which is all that matters, or exactly when you filed, London is better than many and 18 months has been a normal estimate.

[pushbrk 12,110]

28 minutes ago, Stephie C said:

The jurisdiction is England and Wales. I have a court order stating that I have permission to permanently remove her. This was granted in January. 

And that is what you need, not simply permission to remove her from the country.

 

[Stephie C 8]

39 minutes ago, pushbrk said:

And that is what you need, not simply permission to remove her from the country.

 

Sorry I don’t understand what you mean. I’ve met all of the legal requirements to relocate her from England to the US permanently and this is reflected in the court order, which was uploaded with her I130 application. 

[Stephie C 8]

10 hours ago, W199 said:

So you are saying you made a proposed plan, that was accepted by the court, and now you want USCIS to meet your proposed plan too?  And furthermore you want USCIS to expedite based on a speculation of what might happen despite the fact that you alternatives such as going back to court? And the court order does not say what will happen if the time frame is not met? 

 

And you haven't even attempted to go back to court to get an extension, and have no proof that you can't extend it, or must abide by your proposed timeline,  or even what will happen if you don't meet your own proposed timeline?

 

And what is the worst that will happen if she can't leave the jurisdiction?  is that she will stay with her father and you won't get your way? What is the  humanitarian crisis that puts her in a serious life threatening danger or harm?  

 

Seems like you have a zero or negative chance at getting an expedite.

 

 

Thanks for your comments.
The proposed plan presented to the courts was based on accurate information at the time from the USCIS based on our applications. In March the USCIS increased the estimated processing time considerably for our applications. This is why the court timeframe can no longer be met. 
 

Getting anything passed through the family courts in England takes years. Returning to court would not be in the best interest of the child. 
 

Details of private proceedings pertaining to a child won’t be shared on an open forum. 

[Boiler 43,434]

USCIS does not provide accurate information