k-3 visa & severe financial hardship expedite

[Penguin_ie 5,992]

**** several questions which were posted as replies to other people's topics split from those topics and merged here. Please do not ask questions about your case in other people's topics; instead, post your own topic as you have done here, and ask any clarifications/ follow-on questions in this topic so VJers have all relevant info together to give you the best answers ****

[candance 0]

Im not asking the same questions over and over again. There is no reason to be rude. Stop reading my posts if you dont like what I have to ask or say. Thank you.

[candance 0]

I did speak to the correct person, he was an Immigration Officer. YOuve really upset me and I'd like to end all contact with you. Please stop responding to any of my posts. Im going through enough without you being rude. This is meant to be for the man with the wife from CHina and him only. Thank you everyone else for your responses.

Edited April 2, 2012 by candance

[Darnell 8,478]

Im not asking the same questions over and over again. There is no reason to be rude. Stop reading my posts if you dont like what I have to ask or say. Thank you.

Yer Welcome !

[Matt & Rocio 28]

I did speak to the correct person, he was an Immigration Officer. YOuve really upset me and I'd like to end all contact with you. Please stop responding to any of my posts. Im going through enough without you being rude. This is meant to be for the man with the wife from CHina and him only. Thank you everyone else for your responses.

The journey to obtain a visa to permanently reside in the United States of America can be long and complicated. A number of people use Immigration Attorneys who specialize in obtaining these types of visas, but as we know they can be expensive and they don't always give the best advice. I personally started out with consulting an Immigration Attorney and received some bad advice. It wasn't until I discovered this website that I was able to get a lot of good advice (mixed in with some bad advice) that I was able to figure out how to proceed. I've had similar experiences calling USCIS and NVC where they couldn't answer simple questions. I wish that they would just put a link to this website on their website so more people can know about it. There are some very experienced members on this website who offer their advice free of charge. They can be blunt at times and even come off as being rude, but this isn't their intention.

I can't speak to whether your situation would qualify for an expedite. I've read through posts where some members have reported receiving an expedite request based on severe financial hardship, but I don't know what their exact situation was. I would suggest contacting USCIS again and ask to speak to a Tier 2 representative. Explain that you are requesting an expedite and be prepared to provide valid reasons. If they deny you I don't believe there is a way to request via mail, but I could be wrong about that.

Assuming you are not able to expedite your case you can expect to wait approximately 5 months from the time your I-130 petition was received by USCIS to receive a decision. Once they approve your petition it will be sent to the National Visa Center in Portsmouth, NH. This is where things speed up again and will mostly depend on how well you are prepared. There is a great guide on how to get through the NVC in the Wiki section. I suggest you study it now to make sure you are prepared when the time comes. The biggest hurdle in your situation may be the Affidavit of Support. If you don't make above 125% of the poverty line (approximately $24k for a family of 3) you will need to find a joint sponsor who has enough income and is willing to assume responsibility for your husband if he were ever to become a public charge. The other set of documents is for the Immigrant Visa and requires many of the same documents as were required for the I-130 petition along with a police clearance certificate.

I won't even touch the overstay as I have absolutely no experience with this, but it seems previous posters have already given good advice.

Good luck to you on the rest of your journey.

[candance 0]

Thank you! Ive spoken to numerous lawyers and, as you said some have bad advice. My step dad is going to be my husbands sponsor, so we are currently preparing the i-864. Ill read the NVC quick steps and anything else I can. Im calling USCIS tomorrow, first thing in the morning, and asking for a tier 2 representive. Ive gone down to the USCIC office and spoke to an Immigration Officer who mislead me. The lawyer I spoke to today said they mislead people to keep more Immigrants out of the country. Nice to know. Makes you feel like you have no support. ITs a lot of research, especially with a two year old running around wild. But we'll get through it. Im just wondering if we can handle being away from my husband for much longer. Its already been 5 months and its been really hard on us. Thank you, again, for your time and patience.