Request to Expidite

[Boiler 45,949]

I would include details of her US Medical Insurance.

You might also want deal with why she can not move within PI.

[Hank_ 9,174]

Real answer is - its up to the Director.

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

My gut feeling still is the same.

[Hank_ 9,174]

Sorry Hank. I think if Medical Paperwork is properly Executed and Filed by a Physician/Petitioner and the Petitioner meets Guildlines there is a posible speed-up in the Process. I can relate as so can you, Medical care is NOT around the corner in the Phils.

Without a Doctors Agreement then I see no Avail. If the Doctor agrees, there is a chance.

Medical care is not around the corner for ANY women in that area that is pregnant, that is the norm for there, not a reason for an expedite. Doubt if the doctor will write a letter stating he is not capable and that she needs to be in the USA for proper medical treatment.

As before, MY opinion, not gospel.

[bigdog 376]

Hopefully this helps. premium processing webpage. expedite uscis,

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

[Amy_and_Victor 159]

- Humanitarian situation,

Rosemarie is pregnant with my Child a United States Citizen, and having a difficult time with the pregnancy.

Sorry, but pregnancy definitely not a humanitarian situation and can't expedite visa. It's a personal deal and choice - when and if to have a child, and people who decided to have a child now shouldn't be putted ahead of people, who decided to have a child a few years later or not to have at all.

- Severe financial hardship

While I meet the Criteria for the 125% poverty guidelines, my fixed income makes it impossible to support myself here in Idaho, and my family (My future wife Rosemarie and our Baby) Overseas in The Philippines.

How do you plan then to support your fiancee when she will be in US if you both haven't money to live on? She will not be able to work in US for several months.

- Extreme Emergent Situation

I believe each of these are compelling arguments to expedite, and together would qualify as Extreme Emergent Situation. [/size

It doesn't look like extreme emergent situation. It's a lot of poor people in the world and it's a lot of pregnant women who haven't husband beside them (for example, if husband in military service and serve overseas).

I'm sorry, but I don't think your situation looks like it can be expedited.

[Victor from Russia]

[JimVaPhuong 4,863]

I don't think it's ever a good idea to try the financial hardship angle with a visa category that will require a sufficient sponsor. You're pleading poverty in order to get them to hurry up, while simultaneously expecting them to accept that you've got enough income to support your new family in the US. On top of this, you're using a medical basis for a humanitarian request. Both USCIS and the consulate know darn well that medical care is far more expensive in America than it is in the Philippines. You're not going to save any money bringing her to the US sooner, and they know it.

Furthermore, consulates are often very reluctant to issue a visa to a woman who claims to be pregnant with a US citizen's child. They strongly prefer that child to be born abroad so that they can go through the CRBA process to determine if the child really has a valid claim to US citizenship. If they allow that woman to get a visa and come to the US before giving birth then they are granting citizenship to that child regardless of who the biological father is. They don't like to take that risk.

I don't think you'll get the expedite, but if you do then don't be surprised if the consulate refuses to issue a visa until after the child has been born and the CRBA process has been completed.

[Kelly C 16]

I don't think it's ever a good idea to try the financial hardship angle with a visa category that will require a sufficient sponsor. You're pleading poverty in order to get them to hurry up, while simultaneously expecting them to accept that you've got enough income to support your new family in the US. On top of this, you're using a medical basis for a humanitarian request. Both USCIS and the consulate know darn well that medical care is far more expensive in America than it is in the Philippines. You're not going to save any money bringing her to the US sooner, and they know it.

Furthermore, consulates are often very reluctant to issue a visa to a woman who claims to be pregnant with a US citizen's child. They strongly prefer that child to be born abroad so that they can go through the CRBA process to determine if the child really has a valid claim to US citizenship. If they allow that woman to get a visa and come to the US before giving birth then they are granting citizenship to that child regardless of who the biological father is. They don't like to take that risk.

I don't think you'll get the expedite, but if you do then don't be surprised if the consulate refuses to issue a visa until after the child has been born and the CRBA process has been completed.

You make some good points, and observations. Thank you

Kelly

[Kelly C 16]

I would include details of her US Medical Insurance.

You might also want deal with why she can not move within PI.

Good point, Thank you

Kelly

[Kelly C 16]

Real answer is - its up to the Director.

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
• USCIS error
• Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=16a6b1be1ce85210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

My gut feeling still is the same.

Yes, I know its a long shot. The NOA1 to NOA2 times are looking like a roller. Thanks for the link, I have read it a couple of times, and cannot find any cause that would let me file for premium processing. I will look thoroughly again.

Thanks Hank,

Kelly

[san diego 407]

I agree with Jim. It may play against you. This is a risk. Yes, there is a chance you may get approved for expedited processing AND you will not be delayed due to insufficient income/child citizenship issues etc. HOWEVER, my opinion has always been that it is better to wait extra 3-4 months and get K1 for sure then risk of not getting it at all...

[wshc 46]

All of the advice you have received is very good and accurate. In my opinion, go for the expedite. You are looking at a long process no matter how smooth it goes, and in 9 months when you are sitting there all alone and depressed, you will ask yourself why you didn't try. It will also demonstrate that you are doing everything possible to get together as soon as possible. That provides a good feeling when times get rough.

But one last bit of advice – follow Jim’s advice as much as you can. He is right almost always.

[Kelly C 16]

I agree with Jim. It may play against you. This is a risk. Yes, there is a chance you may get approved for expedited processing AND you will not be delayed due to insufficient income/child citizenship issues etc. HOWEVER, my opinion has always been that it is better to wait extra 3-4 months and get K1 for sure then risk of not getting it at all...

Yes, at this point IMO I should wait. 3 or 4 months vs not at all, is an overwhelming argument not to submit this request. It aint worth the risk.

Thank you guys

God Bless yall

[Fred N Emilia 0]

You are lucky you only have to wait those few 3 to 4 months, in my time of a few years ago our waits were 6 to 9 months.

[fazmo 24]

I don't think both of your arguments will work at all, let alone being compelling. The unborn child is not a US citizen - it is unborn (but I know what you meant). Plus pregnancy is not part of the reasons for expedite nor is the distance to a doctor. They will ask themselves, as they are reading your letter, why does not he have her move closer to the doctor - and if he cannot afford that, why on earth is he wasting our time with a visa application that is going to be denied because of insufficient financial support? Once they reach your second argument, it may add some fuel to the fire. It is never a good idea to complain about financial constraints to support your spouse.

If you can demonstrate that your wife is very likely to have a pregnancy complications (based on past pregnancies) and a doctor can attest to that, you may have a shot. Anyway, there must be a medical emergency or its demonstrable likelihood to request for an expedite on this front. Every expedite must be backed up with supporting documentation.

[Kelly C 16]

I don't think both of your arguments will work at all, let alone being compelling. The unborn child is not a US citizen - it is unborn (but I know what you meant). Plus pregnancy is not part of the reasons for expedite nor is the distance to a doctor. They will ask themselves, as they are reading your letter, why does not he have her move closer to the doctor - and if he cannot afford that, why on earth is he wasting our time with a visa application that is going to be denied because of insufficient financial support? Once they reach your second argument, it may add some fuel to the fire. It is never a good idea to complain about financial constraints to support your spouse.

If you can demonstrate that your wife is very likely to have a pregnancy complications (based on past pregnancies) and a doctor can attest to that, you may have a shot. Anyway, there must be a medical emergency or its demonstrable likelihood to request for an expedite on this front. Every expedite must be backed up with supporting documentation.

She is in her 30's no children. Her sister believes her difficulty could be due to her age. I dont know that beacause I am not a Doctor. I will have that evidence when proceeding with the Expedite Request.

I net about 21,400 or gross would be 26,800. I believe that satisfies the 125% requirement. I pay my bills. I am not recieving public assistance. I own my place.

As I stated, It is impossible to sustain 2 households. If there are complications with the pregnancy, I sure as hell dont want to look back and say "Did I do everything I could".

Her next appointment is Jan 30. I will wait till after that to make a decision on sending a Request.

Thanks for responding, I look forward to more insight.

Kelly C