JPF

Just now, Going through said:

Yeah that's the generic notice basically just saying you'll know within 45 days whether your request for expedite was approved or not.

Ah okay, fingers crossed 

2 minutes ago, Going through said:

Slightly confusing how you've worded this...since the second part in bold after the "but" contradicts the first part.  Unless you mean you received a generic "we'll let you know your expedite request is approved/denied within 45 days" notice.

 

If you can, would you be able to upload a photo of the letter you received regarding the expedite request?  Would help others know what to expect in similar situations such as yours as well as help members determine where you are in the process now/what further steps can be taken (if any).  Remove all personal info before posting the photo, of course.

Maybe I'm slightly confused myself... their response 

We have received the requested evidence.  The documentation submitted meets the requirements for expedited processing of your application. You should receive a decision or notice of further action within 45 days.

1 minute ago, Going through said:

Accepted or approved?  There's a difference between the two.  

Requests are always "accepted" when received---approval can be a different matter.

The petition wasn't approved but they will expedite our case, therefore instead of waiting months, we'll find out in the next 45 days. Which definitely helps us 

Great News! Our request to expedite our petition was accepted. Thanks to those that encouraged me to try. 

We pursued on medical and financial.

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! 

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 

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.

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. 

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 

12 minutes ago, Mieka91 said:

Our case was expedited for medical issues on my end. I have also seen people expedited for less. And there is no harm in trying. A lot of people will discourage you from trying, but you might be surprised if you submit the proper evidence that you may get approved. Good luck.

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

12 minutes ago, Mieka91 said:

Our case was expedited for medical issues on my end. I have also seen people expedited for less. And there is no harm in trying. A lot of people will discourage you from trying, but you might be surprised if you submit the proper evidence that you may get approved. Good luck.

6 minutes ago, NikLR said:

You guys didnt marry sooner nor file sooner. Your choice not to marry before children or to get married sooner than now is what has caused your family separation to be longer than it could have been otherwise.  You have an almost 3 year old...

So while children do not necessitate marriage,I never will say having a child means you should get married, immigration does. When you live in two different countries, if you plan on having a future together, aka more than one child, you need to think about how to have that future. It's been a bit of rather poor planning on both of you to this point.  None of the available expedites actually apply in your case, I'm sorry. 

 

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.

1 minute ago, JFH said:

Ah! Should have asked here first and then you would never have gone through that. That's a shame.

 

But, in all honesty, you applied for the B-2 to be able to visit for longer than 90 days at a time. That's being 'greedy' (per immigration - they don't see how anyone of working age could possibly need to spend longer than 90 days on holiday). And it would suggest that your ties were not that strong if you can leave for more than 90 days and not suffer any consequences. Do you work? If so, that's a lot of time off!

 

I visited my husband over 40 times before I emigrated. Shortest visit was 3 days. Longest was 2.5 weeks (and there was only one visit longer than 10 days). Little and often is the way to go with these things.

Yeah I work and was mat leave for 9 months. Agree, so wish I had checked here first 

13 hours ago, debbiedoo said:

slim to none.

 

medical care is available in the UK and your son can start school there and then move and transfer (or you can wait until school is out for the year)

Bummer! Thanks nonetheless 

6 minutes ago, JFH said:

I'm still curious as to why you were using a B-2 to visit. If you're ineligible for the VWP this may indicate additional complications with your application.

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! 

50 minutes ago, Nitas_man said:

We are generally here to help people but the flexibility that they had was all used up before they filed and now they’re stuck with waiting.  Reality can seem like a brick wall sometimes.

 

I guess in short you're saying because I could travel to the us under the esta program, and now it's l been withdrawn I don't have right to ask my question?

51 minutes ago, Nitas_man said:

We know exactly how hard the waiting is.  

 

Small but critical difference - your consequences are related to waiting to file, not waiting for petition to be processed.  You had a lot more travel flexibility than most of us did.  Even one trip is more than we got, much less so many trips that they finally told you to stop coming until you file.

 

Your question was asked and answered.  Good luck!

 

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

1 hour ago, dirtyhippiegirl said:

Man, I had two psych ward admissions while waiting for my husband's K1 to go through and that's still a really crappy thing to say to someone.

I'm sorry to hear this, and I on the verge of loosing the plot here too...hoping we all don't need to wait much longer 

1 hour ago, JFH said:

But your lifestyle choices or poor planning (whichever is the reason for having two children before you have the legal permission to live together either in the U.K. or the USA) is of no concern to USCIS. This is the path you chose. We all had to or have to spend time apart. I can assure you I do not love my husband any less than you love yours. 

 

Why were you using a B-2 to visit? Are you not eligible for the VWP?

Thank you. 

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.

1 hour ago, Going through said:

Option 1:  Husband and children travel to NYC...the almost-3-year-old gets enrolled in Pre-K (which is free and for all in NY, so long as the child is turning 3 during that semester year when enrolled, and completely potty trained).  The 1 year old can (hopefully) be cared for by your husband's family member while he works (so he won't have to leave his job, as you say, if the children are transitioned).  The older child can then also see a NYC-based doctor as you wished.

 

Option 2:  You try for an expedite and hope for the best (but realistically expect the worst).

 

Option 3:  Failing option #2, you continue to wait.

Thank you, will try at least and hope for the best 

2 minutes ago, Roel said:

Your kids are USC and they can go to the US whenever they want. You will not get an expedite because there is absolutely no reason for it. Stop trying to use your kids to play the system and wait your turn. 

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

4 hours ago, Jorgedig said:

The children are  <2 years old, and you want to expedite so they can start school and go to the doctor?  

 

That does not sound legit.

 

As others have mentioned, your USC husband is free to bring them over for those reasons.

 

Just curious, do you have a bar for overstay?

I had been traveling back and forth under a  tourist visa, and at that time we wasn't married, however on my last entry to the us they said I could no longer travel on B2 and need to apply I-130 because my ties to the us were too strong. After being detained by immigration for 3 hours at us boarder officers, they said this is the last time I'm allowed in without applying  for permanent residency, and could not change me status. I think they took sympathy because I had 2 small children and to send me back to the uk on my own would have looked bad I guess. At the this time we were just engaged and had planned our wedding for September 2019, but due the incident at the airport we just got married in nyc and filed the petition the next day. The reason we had been taking so long because my now husband was considering coming to the uk after the wedding but that's now not a option.

I started to look into a doctor in the US for my daughter because I had been advised by her NHS'  treatment over there for what she has is more advance. 

In september my son turns 3 and he has been awarded a pre school place under the free P-k for all.

My oldest is 2'and 9 months and my daughter one year; he would need to give up his job to bring them over to nyc and transition them, realistically that's not possible  

1 hour ago, geowrian said:

And attending school in a few months.

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?