agrabs

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

So if I am understanding you correctly she will basically be providing translation services?       If she is only going to be translating then I wouldn't think that would be a reason to expedite as there are plenty of translation services available to the medical community.  We use them everyday in our practice. All providers who receive federal funds from HHS for the provision of services are obligated to make language services available to those with Limited English Proficiency (LEP) under Title VI of the Civil Rights Act and Section 504 of the Rehab Act of 1973.   
www.medicaid.gov/medicaid/financial-management/medicaid-administrative-claiming/translation
If she is going to be giving advice or making referrals based on clinical assessment - she will need to be licensed.  If she is interested in providing optometric care in the US feel free to pm me and I can send you links to help her get started with what is needed for education, licensing and malpractice info.

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa
 
as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

Today I used Ask Emma to make an expedite request. We're scheduled for a response in eleven days. What should I expect? I have a letter from a non-profit urgently requesting my beautiful fiancee's services. When will the USCIS let me upload the letter?
 
My fiancee is an optometrist with training and experience in low vision. There's a non-profit nearby that is a leader in low vision. They've helped 100,000 patients but they need a Spanish-speaking optometrist for outreach to Spanish-speaking communities. My fiancee is ideally qualified as she's trained in Community Medicine and completed a three year mission in Venezuela, where she provided vision services to all income categories. It's urgent because low vision is caused by progressive diseases. Early diagnosis and treatment can slow the diseases. If I had a progressive eye disease I would consider seeing an optometrist as urgent.

So if I am understanding you correctly she will basically be providing translation services?       If she is only going to be translating then I wouldn't think that would be a reason to expedite as there are plenty of translation services available to the medical community.  We use them everyday in our practice. All providers who receive federal funds from HHS for the provision of services are obligated to make language services available to those with Limited English Proficiency (LEP) under Title VI of the Civil Rights Act and Section 504 of the Rehab Act of 1973.   
www.medicaid.gov/medicaid/financial-management/medicaid-administrative-claiming/translation
If she is going to be giving advice or making referrals based on clinical assessment - she will need to be licensed.  If she is interested in providing optometric care in the US feel free to pm me and I can send you links to help her get started with what is needed for education, licensing and malpractice info.

Regardless, she needs the appropriate licensure/credentials in order to practice medicine in the United States.   If what you are describing is more like social work, then she would not be working in the capacity of an optometrist.
 
You also have not acknowledged the fact that she will need a green card or EAD to volunteer.

So if I am understanding you correctly she will basically be providing translation services?       If she is only going to be translating then I wouldn't think that would be a reason to expedite as there are plenty of translation services available to the medical community.  We use them everyday in our practice. All providers who receive federal funds from HHS for the provision of services are obligated to make language services available to those with Limited English Proficiency (LEP) under Title VI of the Civil Rights Act and Section 504 of the Rehab Act of 1973.   
www.medicaid.gov/medicaid/financial-management/medicaid-administrative-claiming/translation
If she is going to be giving advice or making referrals based on clinical assessment - she will need to be licensed.  If she is interested in providing optometric care in the US feel free to pm me and I can send you links to help her get started with what is needed for education, licensing and malpractice info.

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa
 
as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

So if I am understanding you correctly she will basically be providing translation services?       If she is only going to be translating then I wouldn't think that would be a reason to expedite as there are plenty of translation services available to the medical community.  We use them everyday in our practice. All providers who receive federal funds from HHS for the provision of services are obligated to make language services available to those with Limited English Proficiency (LEP) under Title VI of the Civil Rights Act and Section 504 of the Rehab Act of 1973.   
www.medicaid.gov/medicaid/financial-management/medicaid-administrative-claiming/translation
If she is going to be giving advice or making referrals based on clinical assessment - she will need to be licensed.  If she is interested in providing optometric care in the US feel free to pm me and I can send you links to help her get started with what is needed for education, licensing and malpractice info.

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa
 
as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa
 
as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa
 
as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

https://www.ryancorte.com/post/how-does-an-international-optometrist-practice-in-the-usa
 
as a follow up to my previous post I would like to add that unless she graduated from an accredited school of optometry in the United States she will not be able to get licensed here.  My point being that an expedite will not do any good because she will not be able to practice optometry here without additional education/ training/ licensing

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

I am A doctor of Optometry and have been in practice for 31 years.  I can tell you that first of all - there is not a shortage of optometrists, and all optometrists are trained to do low vision.    Secondly I hold 3 state licenses and the credentials for each state are different and very specific.  Have you looked into what it will take to get licensed in that state?  I recently applied for a license in another state and It took months to get licensed and all my education and training was done here in the states.  I had to jump thru hoops to get the state of Wisconsin to accept my general and ocular pharmacology hours and I hold both a DEA and BNDD license in 2 other states.  Unfortunately  Optometry doesn't offer reciprocity between states.  They do have licensure by endorsement between states but that means you have to have already been in practice for a certain period of time in your state.  Even volunteer work would require you to be licensed in that state.  Make sure your fiance knows what she will need to do to get licensed to practice in your state.  Has she taken the NBEO exams?  if not I would start there as they are required in every state.  Getting licensed here  could take as long or longer than getting your EAD.  There is no expediting the licensure process

It is extremely important that he does not overstay his visitor visa.  An overstay of even a day will immediately void his tourist visa.  A significant overstay will result in a ban.

Well that prior petition is gone now. 
 
You need to file a new I-130. Will be different visa category and more waiting time. No, there's nothing to allow him to stay in the US - he needs to comply with the terms of his current tourist visa. 

Thanks for the fast reply. just to provide full info here to get the best answer. 2 years ago i did apply for him  I-130 but he got married last year then 3 months after that he got his interview at the US consulate but we had to cancel it, since he got married and i was on green card. so his case was no longer valid.
 
if i applied for him while he is here now then he will have a pending case. would that help him to stay legally  while they make the final decision on his case?
 
 

Sure, you may file the I-130 now, wherever your son may be physically located.  Then you and your son wait around 15 years or so to get an F3 visa interview at the US consulate in his home country.  In the meantime, he may travel to the US on short visits while his B visa is valid.
 

Do not come to the US on ESTA and adjust. This is fraud and has serious consequences associated with it.
 
You said, the check got never cashed, so your financial losses are minimal. Just cancel that check with the bank and file a new K-1. Or better, get married in your home country and file I-130 for consular processing. In about 2 years from filing it, you will be able to enter the US and settle.
 
 
 

You did not read it on THIS web site. No one here will condone visa fraud.  You are outside the US, you want to enter via VWP, and you have immigrant intent.  Adjustment of Status is not available to you.