Is It Worth a Try??

[pushbrk 13,027]

I'm not sure if it's justifiable or not. I guess that's the hard part. I know I have previous outstanding medical bills (I have back problems) that total around $1100, and the prenatal bills are about to start rolling in. And then there is the fact that I will have 3 months family/medical leave after the baby, but it is unpaid time. So that means I would have 3 months without any income whatsoever. Does that kind of stuff sound justifiable??

I think the point is that's all the justification you have. Whether its enough depends on the rest of your circumstances. If you make only barely enough to qualify to sponsor your spouse and have no savings, that sounds like a hardship. If you have a high paying job and money in the bank, it sounds like "life".

[san diego 407]

I'm not sure if it's justifiable or not. I guess that's the hard part. I know I have previous outstanding medical bills (I have back problems) that total around $1100, and the prenatal bills are about to start rolling in. And then there is the fact that I will have 3 months family/medical leave after the baby, but it is unpaid time. So that means I would have 3 months without any income whatsoever. Does that kind of stuff sound justifiable??

I would say "yes". Remember, I was the first one to suggest to do expedite. However, be careful. You will have to submit I134 and I864, which means you have to prove that you are capable of supporting him here. Unless you have a co-sponsor..

[nica_chica3 0]

I would say "yes". Remember, I was the first one to suggest to do expedite. However, be careful. You will have to submit I134 and I864, which means you have to prove that you are capable of supporting him here. Unless you have a co-sponsor..

Thanks for the encouragement to try it! So, would you say if I sent copies of doctor bills and maybe a copy of my employee manual at work where it states that I have 3 months family/medical leave, but without pay, that would be enough evidence?? Along with a letter explaining the difficulty? Sorry for all the questions, it's just I want to get this right the first time I send it in (I plan on sending it on Friday) so that I can get the fastest service possible. Thanks for your help!!

[san diego 407]

Thanks for the encouragement to try it! So, would you say if I sent copies of doctor bills and maybe a copy of my employee manual at work where it states that I have 3 months family/medical leave, but without pay, that would be enough evidence?? Along with a letter explaining the difficulty? Sorry for all the questions, it's just I want to get this right the first time I send it in (I plan on sending it on Friday) so that I can get the fastest service possible. Thanks for your help!!

There is no way for me to know if this is enough. If I was an officer reviewing it I would say yes. However, the more the better. I would think creatively. One thing I am not sure about is: what effect will it have later on affidavit of support? If you are unable to support yourself, how can you claim that you can support also your husband/fiance? This is my main concern.

Regarding employee manual: can you send Letter from Employer stating that you will have a leave without pay? I think this would be better..

I will be honest with you: while I was waiting for 5 months for NOA2 and did not expedite it, I think your case does deserve expedite.

Edited July 18, 2011 by san diego

[nica_chica3 0]

There is no way for me to know if this is enough. If I was an officer reviewing it I would say yes. However, the more the better. I would think creatively. One thing I am not sure about is: what effect will it have later on affidavit of support? If you are unable to support yourself, how can you claim that you can support also your husband/fiance? This is my main concern.

Regarding employee manual: can you send Letter from Employer stating that you will have a leave without pay? I think this would be better..

I will be honest with you: while I was waiting for 5 months for NOA2 and did not expedite it, I think your case does deserve expedite.

Thanks for the advice about the letter from my employer! And yes it could be bad for later on, but going this route I plan on using my dad as the sponsor or co-sponsor for the affidavit of support. With using him, I don't think it should be a problem.

[san diego 407]

Sounds good! Good luck!

[nica_chica3 0]

There is no way for me to know if this is enough. If I was an officer reviewing it I would say yes. However, the more the better. I would think creatively. One thing I am not sure about is: what effect will it have later on affidavit of support? If you are unable to support yourself, how can you claim that you can support also your husband/fiance? This is my main concern.

Regarding employee manual: can you send Letter from Employer stating that you will have a leave without pay? I think this would be better..

I will be honest with you: while I was waiting for 5 months for NOA2 and did not expedite it, I think your case does deserve expedite.

As for the letter from my employer, I wasn't too sure what all I needed to say. How does this sound? The enclosure is the page of the employee manual that states the family and medical leave policy

July 20, 2011

Re: Family and Medical Leave for Brooke

To Whom It May Concern:

As referenced in our Employee Manual, our policy for Family and Medical Leave is up to twelve (12) work weeks of unpaid leave during a twelve (12) month period for childbirth. Therefore, after the birth of her child in February of 2012, Brooke will have 12 weeks of leave where she will receive no compensation or pay from *Company*.

Sincerely,

*Company*

*Boss Man*

President

Enclosure

[Harsh_77 718]

It's not as simple as that. The "they" that issues visas are the "Consulates". If they get an application for a K3 visa, they will process it and issue it if the applicant is eligible. The difficulties in getting to that point are the result of turf wars between NVC (Dept. of State) and USCIS (Homeland Security). Since about 2004, when USCIS processing of I-130 for spouse of USC, pretty much caught up to their processing of I-129F for spouse, NVC began having double work for each visa applicant. The petitioners would let both petitions move through the process and take whichever came out first. The ideal became that the K3 visa appointment would be set and then the I-130 would arrive at the Consulate. The K3 interview would then become a CR1 interview a couple months earlier than it could have been accomplished otherwise. A K3 visa cannot be issued when an immigrant visa is immediately available and "immediately available" was left to State Dept. to define. They defined it as the I-130 case file being on station at a Consulate abroad. (Prior to 11/2006 I-129F petitions were adjudicated in Missouri, while the associated I-130 was in California or Vermont.

On 2/1/2010, NVC reacted by changing its procedures to consider an immigrant visa available when the I-130 was on station at NVC and started administratively closing I-129F petitions when they would arrive together with the I-130.

It APPEARS, USCIS has begun to counter that new NVC policy by holding the I-130 a few days and sending the I-129F on ahead. When the I-129F arrives ahead of the I-130, it gets pushed through to the Consulate, giving the couple the option to cease processing the I-130 through NVC, in favor of the K3 visa. My caution is that there are only about three instances I can point to recently where the I-129F got through. It's not enough to know for certain whether USCIS actually countered NVC or they are anamolies.

Oh ok cool I was under impression that they are closing the K3 and not processing anyone as K3 anymore and instead putitng them in CR1 line.

[pushbrk 13,027]

Oh ok cool I was under impression that they are closing the K3 and not processing anyone as K3 anymore and instead putitng them in CR1 line.

NVC still would close the I-129F if they receive both petitions the same day. What MAY have changed is on the USCIS end by not forwarding the two petitions together anymore. We'll have to wait and see if this trend continues before knowing for certain. Either way, the primary reason for pursuing the K3 (significant time savings) evaporated in late 2006 anyway.

[san diego 407]

As for the letter from my employer, I wasn't too sure what all I needed to say. How does this sound? The enclosure is the page of the employee manual that states the family and medical leave policy

July 20, 2011

Re: Family and Medical Leave for Brooke

To Whom It May Concern:

As referenced in our Employee Manual, our policy for Family and Medical Leave is up to twelve (12) work weeks of unpaid leave during a twelve (12) month period for childbirth. Therefore, after the birth of her child in February of 2012, Brooke will have 12 weeks of leave where she will receive no compensation or pay from *Company*.

Sincerely,

*Company*

*Boss Man*

President

Enclosure

Looks good to me!

[nica_chica3 0]

regardless, you still need to file the I-130.

I suggest you ask for the expedite in the cover letter that you'll include in the I-130 submittal

and

on the outside of your envelope, write in big red letters 'I-130 Expedite' as the mail room will route it differently than if there was no expedite request.

IMO, you'll be approved for the expedite, as yer the USCitizen/Petitioner .

Remember, IF you get the expedite at USCIS, you'll have to ask for another expedite at NVC, and getting one there is do-able, as well. Usually it means the paperwork intake gets shoved to the Embassy IV unit, but there are variances on that, as well.

Good Luck! I say forget the K-3, these are mostly unattainable - see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

Completely agree with Darnell. Expedite for sure. You may not get it but you can try.

Can either of you please tell me who I should direct the expedite letter to? Do I just use the USCIS address and then put "To Whom It May Concern"? Would that be good enough?

[Darnell 8,479]

use the USCIS address, to whom it may concern.