Auto-Expidited I-130 Still Happening?

[uyamak88 0]

Greetings!

I was initially going to send in our I-130 petition from my parents' home in the US. However, I have been reading about some cases where the I-130 is "auto-expedited" for a quicker turnaround. Now we are considering sending it from abroad (Japan) because there's a chance it might be faster.

My question is:

Does any one know if this "auto-expedite" is still going on? Is it still only the California Service Center (CSC) that seems to be auto-expiditing?

Do you have any suggestions or advice about this?

I am asking because we initially thought the I-130 approval would be quicker if sent within the US, as opposed to sending from abroad.

Thank you in advance for any help on this matter.

Best,

Benjy

[uyamak88 0]

Hi everyone!

This topic is made to pinpoint the exact requirements that allow most USC petitioners filing from abroad to have their I-130 auto-expedited, while some others seem to go through regular processing queues.

Background: on August 15, 2011, the rules for DCF changed and this alternative option disappeared in all countries that don't have a local USCIS field office, in other words in most countries in the world. Since September 2011, VJ members filing an I-130 while residing abroad with their spouses have been, in most cases, adjudicated extremely fast by USCIS, indicating that the case was expedited, although they did not request it. For an example, see my timeline, and note that this "auto-expedited" processing is only valid at the USCIS stage.

The details of this special processing queue are unclear and USCIS operators are not aware of its existence. In addition, a few members in the same situation have had their cases pending for months, indicating they were not placed in the fast queue.

I made a little survey that will help us understand what the conditions are to be placed in the fast queue. Please add questions if you think other relevant information is missing

All US citizen petitioning for your spouse and residing with them abroad, please fill it in!

(My answers in green).

1. Country USC resides in: France

2. Is there a USCIS field office in this country / Is DCF still possible? No

3. When did you file the I-130: November 2011

4. How long had you been living abroad: 2.5 years

5. Do you reside in the country legally? Yes

6. What is the reason for your residence: work permit/student/tourist/other - Scientist

7. Did you list your foreign address on all forms in I-130 package? Yes

8. Did you send I-130 package from abroad? Yes

9. Did you include evidence of your residence abroad in the I-130 package? Yes. They were meant to be evidence of bona fide relationship, but they also proved the USC was residing in France.

10. Did you mention the fact you reside abroad in the cover letter or write a letter describing your current situation and the evolution of your relationship with your spouse (mentioning your residence abroad)? Yes

11. Has your case been "auto-expedited"? How long between NOA1 and NOA2? Yes, 16 days.

Does any one know if this "auto-expedite" is still going on? Is it still only the California Service Center (CSC) that seems to be auto-expiditing?

Do you have any suggestions or advice about this?

I am asking because we initially thought the I-130 approval would be quicker if sent within the US, as opposed to sending from abroad.

Thank you in advance for any help on this matter.

[Kimo & Angela 0]

Our I-130 was approved 3 days after it was transfered from Nebraska so I believe they are expediting as mentioned.

[Harpa Timsah 13,258]

I think many here may be confused about what exactly "The auto-expedite for people filing from abroad" means?

Here is what I know based on my research and I will be very happy to learn from you if you know this subject better and can make comments:

1) Prior to a big pile up of i-130 petitions in 2013 there was no problem in I-130 processing and this filing from abroad or from US was not such a big issue that anyone paid any attention to. Besides sometimes in the past people who interviewed abroad would file with Embassy directly and get faster processing.

2) After the big pile up of i-130 petitions in 2013 when wait time went to almost a year, several things happened that worsened the situation and one of which was the fact that with a rare exception people from abroad could no longer file directly with Embassy/Consulate and had to go through NVC, which contributed its share to the delays. This is when finally NVC/USCIS introduced a line in I-130 form that asked if applicant will interview in US or abroad (at Embassy/Consulate) - in case applicant does interview abroad (at Embassy/Consulate), which is the case for majority of people filing a standalone I-130 then it would make sense to do "auto-expedite" for this cases to unclog the situation with piled up i-130s.

The question "filing from abroad?" needs to be "interview abroad requested?"

I am extremely happy for everyone who gets such a quick approval in less than a month, but I at the same time notice that not all applications that have interview abroad requested follow the same timeline - this seems like a problem of consistency, which is another sign of haphazard attempts of USCIS to try and fix the situation with delays and at the same time balance other extra priorities that were imposed on them without giving them extra resources - this is my personal opinion, not a fact.

No, this is entirely wrong.

Does any one know if this "auto-expedite" is still going on? Is it still only the California Service Center (CSC) that seems to be auto-expiditing?

Do you have any suggestions or advice about this?

I am asking because we initially thought the I-130 approval would be quicker if sent within the US, as opposed to sending from abroad.

Thank you in advance for any help on this matter.

It seems in the last few months it is up and running again. But, take note, there is never a guarantee of it and USCIS won't admit this exists, so you just take your chance and see how it goes.

Where you send it from doesn't really matter, the thing that matters is whether or not the USC petitioner is residing abroad or not, and if they show proof of that. Good luck.

Edited July 22, 2014 by Harpa Timsah

[Ryan H 3,812]

Posts merged with existing thread.