k-3 visa & severe financial hardship expedite

[candance 0]

I am also confused. If you find any answers or if anyone can help, please let me know. We filed the I-130 Jan 10, 2012 and the I-129F Feb 13,2012. No response yet, just the receipts. How long does this process take and what can i expect? My husband is waiting in Ireland. I am a US Citizen. We have a two year old together. The Immigration officer in Los Angeles told me the I-130 would go thru for us in 30-45 days. Obviously, this is not the case. We just applied for the Economic hardship for our case to be expedited but were denied. I applied over the phone and the girl wasn't really listening to me, so Im going to write a letter of request. We're desperate and havent seen my husband and our babies daddy for four months now. We had to come home and drive 4 hours to LA just to find out which form to file, as the people over the 1800 number are all useless. Please help!

[jaycali 415]

I am also confused. If you find any answers or if anyone can help, please let me know. We filed the I-130 Jan 10, 2012 and the I-129F Feb 13,2012. No response yet, just the receipts. How long does this process take and what can i expect? My husband is waiting in Ireland. I am a US Citizen. We have a two year old together. The Immigration officer in Los Angeles told me the I-130 would go thru for us in 30-45 days. Obviously, this is not the case. We just applied for the Economic hardship for our case to be expedited but were denied. I applied over the phone and the girl wasn't really listening to me, so Im going to write a letter of request. We're desperate and havent seen my husband and our babies daddy for four months now. We had to come home and drive 4 hours to LA just to find out which form to file, as the people over the 1800 number are all useless. Please help!

The receipts (I assume Notifce of Action 1) is all you'd be expected to have by now. If your expedite request had been approved, 30 - 45 days wouldn't be unlikely, but without an expedite, you can expect about 4 - 6 months depending on how fast the service center is currently adjudicating I-130 petitions. The I-129f is really just a waste to file. It doesn't exist in reality anymore, only on paper. I-130 and 129f take pretty much the same time to process - you'll get them approved at the same time and the I-129f will be administratively closed.

Unfortunately, they won't give you an expedite based on not having seen the baby, nor will they give expedites based on emotional stress. I don't know your financial situation, but if it's extremely emergent and you can document it, it could qualify.

I know it's a tough time, I'm going through it myself - we filed in February. But there are literally hundreds of thousands of people also waiting to be reunited with their loved ones, so expedites are tough to get

Edited March 30, 2012 by jaejayC

[candance 0]

Hello,

Im new to the forum and am doing a lot of exploring and researching. You can read our full story at our blog www.bringmydaddyhome.blogspot.com. I am a US Citizen, my husband is from Ireland. We were living in Ireland and came to California, where Im from, and got married in Oct 2009. We had our daughter in Feb 2010. We filed our papers then but were told we could get a fee waiver for the i-485, etc. That didnt happen. We moved back to Ireland in Sept 2010. Now my daughter and I have come back to California and filed the right papers. The I-130 was filed jan 10, 2012 and the I-129F filed Feb 13, 2012. We havent received any answers, just our receipt notices. I applied for the Severe Financial hardship expedite service over the 1800 number but the girl wasnt really listening and we ended up getting denied. SO I want to try again but this time write a letter. Do I send the letter to the California service center that is processing our case? Any types for writting the letter? Also, our daughter sees a doctor here in california for hip dysplasia. Is that a good enough reason for us to not have to go back to Ireland and to have our case expedited so my husband can come over sooner? Any help, tips, etc is greatly appreciated!

[candance 0]

We already filed the i-130 and the i-129f, is it too late to file for the CR-1? That seems cheaper and faster, from what you guys are saying. I dont see that form on the USCIS page though. Im really confused

[pushbrk 12,898]

Hello,

Im new to the forum and am doing a lot of exploring and researching. You can read our full story at our blog www.bringmydaddyhome.blogspot.com. I am a US Citizen, my husband is from Ireland. We were living in Ireland and came to California, where Im from, and got married in Oct 2009. We had our daughter in Feb 2010. We filed our papers then but were told we could get a fee waiver for the i-485, etc. That didnt happen. We moved back to Ireland in Sept 2010. Now my daughter and I have come back to California and filed the right papers. The I-130 was filed jan 10, 2012 and the I-129F filed Feb 13, 2012. We havent received any answers, just our receipt notices. I applied for the Severe Financial hardship expedite service over the 1800 number but the girl wasnt really listening and we ended up getting denied. SO I want to try again but this time write a letter. Do I send the letter to the California service center that is processing our case? Any types for writting the letter? Also, our daughter sees a doctor here in california for hip dysplasia. Is that a good enough reason for us to not have to go back to Ireland and to have our case expedited so my husband can come over sooner? Any help, tips, etc is greatly appreciated!

The fact that your daughter needs medical care is not a reason to expedite. Trying to expedite a case on the grounds of severe financial hardship is usually a lose, lose situation. If you have a financial hardship NOW with a spouse WORKING in Ireland, how will your finances look when he quits his job and arrives in the USA without one? How are you going to manage to convince a Consular Officer your husband will not become a public charge, if you are already in a severe financial hardship NOW?

Unfortunately, you actually DID NOT file the right papers. Filing the I-129F has delayed the processing of your I-130 and WILL NOT result in any K3 visa. You don't WANT a K3 visa anyway because your husband would arrive without the authorization to work.

If there's more to your expedite justification, please explain.

[candance 0]

My husband overstayed 9 months before we decided to move back to Ireland to save up more money. We had been filing but were told we could get a fee waiver. After two tries, we found out we couldnt and went back to Ireland. I met with an Immigration Officer in Los Angeles, CA and he said the overstay shouldnt be a problem since we've been married for more than two years and have a child together. He said to just file the i-130 and everything should be ok. But he also told me we'd get a decision in 30-45 days and its now been three months. I also had to find out about the i-129F on my own. SHould I be worried about his overstay now? Would he still be granted an interview and questioned about it or would they deny our whole case?

[Penguin_ie 5,993]

Agree with Pushbrk regarding the expedite. In another post, you mention your husband overstayed 9 months? If so, that is a 3 year ban you need the waiver for- or wait till 2013 when the ban is up.

**** Edit: found said post, which was posted as a reply in someone elses topic, and added it here so VJers have all needed information to give good advice *****

Edited March 31, 2012 by Penguin_ie

[pushbrk 12,898]

My husband overstayed 9 months before we decided to move back to Ireland to save up more money. We had been filing but were told we could get a fee waiver. After two tries, we found out we couldnt and went back to Ireland. I met with an Immigration Officer in Los Angeles, CA and he said the overstay shouldnt be a problem since we've been married for more than two years and have a child together. He said to just file the i-130 and everything should be ok. But he also told me we'd get a decision in 30-45 days and its now been three months. I also had to find out about the i-129F on my own. SHould I be worried about his overstay now? Would he still be granted an interview and questioned about it or would they deny our whole case?

It won't do any good to worry about it but you have been mislead by the USCIS employee. USCIS does NOT issue visas. Had your husband been IN the USA filing to adjust status, the overstay would have been forgiven. However, his leaving triggered the three-year ban. The will be no expedite and no waiving of the sponsorship requirements. His visa will be denied and THAT is when you apply for a hardship waiver to waive the ban, the BAN, not the financial sponsorship requirements.

[pushbrk 12,898]

We already filed the i-130 and the i-129f, is it too late to file for the CR-1? That seems cheaper and faster, from what you guys are saying. I dont see that form on the USCIS page though. Im really confused

The I-130 IS what you file to begin the IR1 visa process. That's what it will be, since you will have been married more than two years by the time the visa is issued. You seem completely lost. I suggest you carefully study this guide, http://www.visajourney.com/content/i130guide1 and then this one. http://www.visajourney.com/examples/NVC_Process_Flowchart_v1-2.pdf Then, return and ask remaining question in the CR1/IR1 forum, not the K3 forum.

[candance 0]

The fact that your daughter needs medical care is not a reason to expedite. Trying to expedite a case on the grounds of severe financial hardship is usually a lose, lose situation. If you have a financial hardship NOW with a spouse WORKING in Ireland, how will your finances look when he quits his job and arrives in the USA without one? How are you going to manage to convince a Consular Officer your husband will not become a public charge, if you are already in a severe financial hardship NOW?

Unfortunately, you actually DID NOT file the right papers. Filing the I-129F has delayed the processing of your I-130 and WILL NOT result in any K3 visa. You don't WANT a K3 visa anyway because your husband would arrive without the authorization to work.

If there's more to your expedite justification, please explain.

How did filing the I-129F delay the process of the I-130? It says on the website to file the I129f after you file the I-130 stating that the I-129F will happen faster and get my husband here quicker than the I-130 will. Please explain, Im very paniced. And I cant get straight answers from anyone over the 1800 numbers. Also, my husband isnt working in Ireland, as the unemployment rate is rising and rising and everyone is losing their jobs over there. Their economy is crumbling. Im considered a single mother now without my husband here. And if I begin working Ill have to pay a huge fee for daycare for my daughter. If my husband is here we can work together to take care of her and work. Is that reason enough? I have letters from potential employers stating they are interested in him and will interview him once he arrives in the states. Thank you for your help.

[candance 0]

The receipts (I assume Notifce of Action 1) is all you'd be expected to have by now. If your expedite request had been approved, 30 - 45 days wouldn't be unlikely, but without an expedite, you can expect about 4 - 6 months depending on how fast the service center is currently adjudicating I-130 petitions. The I-129f is really just a waste to file. It doesn't exist in reality anymore, only on paper. I-130 and 129f take pretty much the same time to process - you'll get them approved at the same time and the I-129f will be administratively closed.

Unfortunately, they won't give you an expedite based on not having seen the baby, nor will they give expedites based on emotional stress. I don't know your financial situation, but if it's extremely emergent and you can document it, it could qualify.

I know it's a tough time, I'm going through it myself - we filed in February. But there are literally hundreds of thousands of people also waiting to be reunited with their loved ones, so expedites are tough to get

Thank you for your response, it is extremely difficult to be going through this, as you know. Do you know if that 4-6 months is just the processing time to make a decision? I know the decision is then sent to the NVC then to the US Embassy in your country. Would all of that happen within the 4-6 months? My husband cant find a job in Ireland, as their economy is crumbling. I have letters here from employers here who are willing to interview him and interested in hiring him. But I dont know if those would do any good and grant an expedite. My daughter and I are considering going back to Ireland for a couple of months, but the tickets are over $2000 since summer is approaching. SO I dont think thatll be possible

[candance 0]

How did filing the I-129F delay the process of the I-130? It says on the website to file the I129f after you file the I-130 stating that the I-129F will happen faster and get my husband here quicker than the I-130 will. Please explain, Im very paniced. And I cant get straight answers from anyone over the 1800 numbers. Also, my husband isnt working in Ireland, as the unemployment rate is rising and rising and everyone is losing their jobs over there. Their economy is crumbling. Im considered a single mother now without my husband here. And if I begin working Ill have to pay a huge fee for daycare for my daughter. If my husband is here we can work together to take care of her and work. Is that reason enough? I have letters from potential employers stating they are interested in him and will interview him once he arrives in the states. Thank you for your help.

How will I know if theyve denied him due to an overstay? And how would I know which steps to take if that is the case?

[Penguin_ie 5,993]

You were given outdated info on filing the I-129F/ K3 visa. Many years ago, this used to be faster, but more expensive and more paperwork needed to be done in the USA and the foreign spouse couldn't work for a few months. Then, both the K3 and CR-1 were the same speed. Now, what happens is that when you file I-129F, your I-130 gets puled out of line (thus often a delay of a few weeks), and once you get to NVC stage, they administratively close the K3 and force you back on the CR-1 path.

They will deny him- anything over 180 days is an automatic 3 year ban and thus denial. That is why you will need a waiver for the overstay once he gets denied at interview. Have a read through our Waiver Forum here, especially the three pinned topics: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[pushbrk 12,898]

You were given outdated info on filing the I-129F/ K3 visa. Many years ago, this used to be faster, but more expensive and more paperwork needed to be done in the USA and the foreign spouse couldn't work for a few months. Then, both the K3 and CR-1 were the same speed. Now, what happens is that when you file I-129F, your I-130 gets puled out of line (thus often a delay of a few weeks), and once you get to NVC stage, they administratively close the K3 and force you back on the CR-1 path.

They will deny him- anything over 180 days is an automatic 3 year ban and thus denial. That is why you will need a waiver for the overstay once he gets denied at interview. Have a read through our Waiver Forum here, especially the three pinned topics: http://www.visajourn...processes-221g/

Correct. NOW. Let....this....sink.....in. USCIS does.....NOT....issue....visas. They are not the place to get VISA advice.

[pushbrk 12,898]

Thank you for your response, it is extremely difficult to be going through this, as you know. Do you know if that 4-6 months is just the processing time to make a decision? I know the decision is then sent to the NVC then to the US Embassy in your country. Would all of that happen within the 4-6 months? My husband cant find a job in Ireland, as their economy is crumbling. I have letters here from employers here who are willing to interview him and interested in hiring him. But I dont know if those would do any good and grant an expedite. My daughter and I are considering going back to Ireland for a couple of months, but the tickets are over $2000 since summer is approaching. SO I dont think thatll be possible

NO. You do not have a reason for expedite. Get started studying the NVC shortcuts and working on how you are going to sponsor your husband. Asking the same questions over and over is not going to change the answers. What you CAN do is prepare for the rest of the process.