Expedited processing

[YuAndDan 153]

Yes, it's exactly that - severe financial loss. The rest I cannot disagree more on though - he paid for semester after getting enrolled into University because he might still get here on time. But since the K1 is getting delayed, he might not make it and his enrollment for semester will be void, but the money is non-returnable!. So how is that not a sever financial loss? There should be other scenarios than cleaning out the house by family members. What scenario is accepted or not will I guess depend on the officer who reviews it. My question was more about - what IF they decide the reason was not good enough - can that negatively affect entire K1 process?

I don't know why people plan things hoping that a visa will be approved within a set timeline. I read all the time how a delayed K-1 spoils things like weddings, honeymoons, flight reservations, etc.. Note there is NO guarantee that your fiancee will get the visa, the visa may be denied.

Sounds like your fiancee is planning on going to school in the USA?? Why the K-1, why not a F-1 student visa?

In this case if you used a student visa to come to the USA and eventually got married, this is plausible, your fiancee has evidence the primary intent when using the visa is SCHOOL, not immigrations.

[Connie&Sascha 1]

I'm thinking of making a service request for expedited processing due to serious financial hardship due to K1 delay (university fees that need to get paid to keep the enrollment). How hard is the burden of proof and what if CO decides it's not good enough - could there be more delays? Any successful experience with this?

I agree with the earlier post that the best bet would be to try and deal with the university to get a credit. There are so many potentials for delays that you really can't plan anything. From RFEs to getting stuck in FBI name checks there is never any way to really gauge how long approval will take. The USCIS is incredibly unlikely to expidite based on university fees. In fact the consulates tell the beneficiary straight out not to make any plans at all, quit their jobs or sell anything until they are approved.

Furthermore, he may need to check and see at what point he is eligable to take accredited courses coming over with a K-1. Just in case you were approved in time and he started school before you are married and have your other paperwork filed. I had a relative who tried to do that before and was unable to take any accredited courses until he either had his AOS filed or received his EAD and social ?, I don't remember which one it was but it's worth checking in to.

Best of luck to you.

[JimVaPhuong 4,863]

Yes, it's exactly that - severe financial loss. The rest I cannot disagree more on though - he paid for semester after getting enrolled into University because he might still get here on time. But since the K1 is getting delayed, he might not make it and his enrollment for semester will be void, but the money is non-returnable!. So how is that not a sever financial loss? There should be other scenarios than cleaning out the house by family members. What scenario is accepted or not will I guess depend on the officer who reviews it. My question was more about - what IF they decide the reason was not good enough - can that negatively affect entire K1 process?

I think you may have missed my point.

Your fiance was going to spend that money anyway. An expedite would not have changed the fact that he was going to spend the money, so the "loss" you're claiming was going to happen anyway. Nothing USCIS could do would have prevented it. He also paid the money voluntarily, and had the choice to not pay the money. Any reasonable person would conclude that he could afford to spend the money without bringing severe financial consequences onto himself, or he simply would have chosen not to spend it.

To paraphrase an old adage, Bad planning on your part does not constitute an emergency on the part of USCIS".

The salient point is that the loss should be something which severely damages the finances of the applicant, and which they could do nothing to prevent or minimize without getting to the US more quickly. Your situation fails on both counts.

Yes, I'm sure there are a lot of scenarios other than the one I described. It was just an example of a scenario I thought might have a reasonable chance of success in getting an expedite for severe financial loss.

The only negative impact that could result from your asking for an expedite is that your expedite will be refused. It shouldn't affect your petition in any other way.

[Penguin_ie 5,994]

I agree with the others, I do not think your case is sufficient for an expedite. It is a pitty that you may lose the money, but it is not something you were forced to pay, you should have waited until the visa was in hand to make university plans. If cases like this were approved for expedite, every K1 applicant would simply enroll in university, or put down large deposits on a wedding date, and then plead financial hardship.

In terms of your question whether it will affect the K1 process- it won't affect your approval, and I doubt an expedite denial will delay things, though there is a small chance of a delay due to papers being shuffled from one place to another and them looking closely at the documents due to the expedite request.

Edited June 13, 2009 by Penguin_ie

[Susita 175]

Why don't you check with the registrar at your university?

There is a refund policy - like mine is if you cancel the first week of classes 100% refund, so you could technically pay and then cancel if he can't make it. Again, I'm not sure what their refund policy is but it's totally an option.

[SomedaySomehow 1]

Why don't you check with the registrar at your university?

There is a refund policy - like mine is if you cancel the first week of classes 100% refund, so you could technically pay and then cancel if he can't make it. Again, I'm not sure what their refund policy is but it's totally an option.

My thoughts as well .... I've never heard of a university not refunding tuition if the courses are dropped or withdrawn after a certain date of the course beggining ( Usually 1 week sometimes 2 ) and usually they will even refund a percentage of the tuition if you withdraw further into the course .

Anyway ... I am with the others here ... this is most likely not a reason for a expedited case ... although if it is the case that you can not get a refund for those courses I do feel for ya ... its not fun to loose a chunk of money because of this process ... but really it is what it is ... for the most part this process is out of your control and no solid plans should even be made until that day the visa is in hand.

Edited June 13, 2009 by SomedaySomehow

[BokGao 0]

Yes, it's exactly that - severe financial loss. The rest I cannot disagree more on though - he paid for semester after getting enrolled into University because he might still get here on time. But since the K1 is getting delayed, he might not make it and his enrollment for semester will be void, but the money is non-returnable!. So how is that not a sever financial loss? There should be other scenarios than cleaning out the house by family members. What scenario is accepted or not will I guess depend on the officer who reviews it. My question was more about - what IF they decide the reason was not good enough - can that negatively affect entire K1 process?

I don't know why people plan things hoping that a visa will be approved within a set timeline. I read all the time how a delayed K-1 spoils things like weddings, honeymoons, flight reservations, etc.. Note there is NO guarantee that your fiancee will get the visa, the visa may be denied.

Sounds like your fiancee is planning on going to school in the USA?? Why the K-1, why not a F-1 student visa?

In this case if you used a student visa to come to the USA and eventually got married, this is plausible, your fiancee has evidence the primary intent when using the visa is SCHOOL, not immigrations.

I agree. Why do people plan events thinking they are going to get their visa and be here within a set time frame. Delays can come from anywhere. Just look at my timeline. Second medical and they still won't past her. Who would've thought.

Anyway, to answer the question, no. It doesn't have any effect on your petition. I've tried my hands at trying to expedite mine also at an early stage. What I got was an email from CRIS below (with name and email address omitted). It won't hurt. You can try the expedite. The least they'll say is no and send you an email...

U.S. Department of Homeland Security

75 LOWER WELDON STREET

VERMONT SERVICE CENTER

SAINT ALBANS,VT 05479

U.S. Citizenship and Immigration Services

Tuesday, December 23, 2008

Emailed to XXXXX@YAHOO.COM

Dear M. XXXXX:

On 12/23/2008 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:

Caller indicated they are:

-- Applicant or Petitioner

Attorney Name:

-- Information not available

Case type:

-- I129F

Filing date:

-- 12/03/2008

Receipt #:

-- EAC-XX-XXX-XXXXX

Beneficiary (if you filed for someone else):

-- Information not available

Your USCIS Account Number (A-number):

-- 000000000

Type of service requested:

-- Expedite

The status of this service request is:

This expedite request has been denied.

Upon receipt of your letter requesting expeditious handling, this matter was reviewed and a determination was made that it does not meet the criteria for special handling.

The petition/application will be processed within the normal processing time here at the Center.

If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

Please remember: By law, every person who is not a U.S. citizen and who is over the age of 14 must submit Form AR-11 AND notify this office of their change of address, within 10 days from when they move (persons in "A" or "G" nonimmigrant status are exempt from this requirement). To notify this office of a move, visit our website at: www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. The Form AR-11 can be downloaded from our website or you can call the National Customer Service Center at 1-800-375-5283 and we can order one for you. Instructions for filing the Form AR-11, including mailing instructions, are included on the Form.

U.S. Citizenship and Immigration Services