I-130 filed. Need help with expedite?

[Jlet 0]

Hello All,

I'm sure all of you have got to the point you wish you could expedite the I-130 process. I know even after a month I started to think about it. However this isn't just a case of I'm using any excuse and I ask that you please understand the situation and be sensitive to your comments since this does involve my daughter as well.

I've been fighting Social Security for disability for my daughter (almost 2yrs now). We have a court date next week and are extremely likely to win. The implications of this are what worries me. I will finally have the ability to get my daughter the help she needs, which means I have to leave my job to bring her to all her therapy appointments, Dr. appts etc. I can't work and take care of a disabled child, plus her twin and my oldest all by myself (their actual father isn't in the picture much). My husband is currently here helping me (Under the VWP). He must return to NL in 30 days. I've been praying to have his NOA2 in hand by Dec. so at the very least he could be home in a few months. However with the whole NBC thing I am worried I could be looking at many months. My local office is Chicago and they are over loaded.

I'm wondering if having a child with a severe disability in the home would qualify us for an expedite? I know I can't use financial hardship because my husband is a full time student. I am terrified that he will return to NL and not come home for 6 or more months. There is no way I can take care of 2 toddlers (one with a disability) and my oldest all alone. My family doesn't have the ability to help either. Not only that with her winning SSI it opens up a door to many appts with therapists and Dr.s that my husband needs to be here for.

Am I just grasping straws because I am desperate to have my husband home ASAP or does anyone thing we have an actual chance at an expedite?

Also since I already filed the I-130 how do I go about the expedite and what proof would I need to submit?

Thank you to anyone who answers

[The Mean Lady 604]

I can't really answer any of your questions, only to say that there is no harm is sending the request for expedite in.

[Harpa Timsah 13,258]

If you want him to stay now, then file the I-485 and include the NOA1 from the I-130 and move to a concurrent AOS case. This requires that he not go back home for a few months at least, and he cannot work for a few months. But, he can stay and help you if you file the rights stuff now. You say he is a student, so is he willing to quit his studies now?

[Samie 14]

It sounds like you fall under the criteira for a expedite the medical reasons.. Is it you and his child?

[Jlet 0]

No he cant stop studies. He has one semester left and we are depending on his degree to get a job to support us in the future. Not only that to my knowledge if I file an AOS while he is under VWP that is visa fraud, isnt it?

No my children are not biologically his. He is only their step-father. However there dad is not in the picture much and my daughter is extremely attached to him. Part of her disability is sensory processing and I am so worried to think of the damage to her if he is gone to long. He is very much her "support" person.

Since I have already filed how would I expedite? Is there a form I need to fill out or anything?

[Harpa Timsah 13,258]

No it is not fraud. He had no intentions to stay when he came and now the circumstances have changed. That is a perfectly legal option open to you at this point in time.

If you get an expedite, he will stop his studies too... I am confused on that. You want to time it so he goes back to finish the term and then comes back right when the term is over? How has he been here 2 months already if he is in school? You want him home ASAP but now is too soon?

Edited November 11, 2012 by Harpa Timsah

[The Mean Lady 604]

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

Edited November 11, 2012 by KDubovik

[Jlet 0]

He needs to return for tests right before Christmas. However once he returns he would have been in the US for 6months (90 days here, 90 days home, 90 here again). So he cant return under VWO for at least another 90 day (I believe anyway).

After Dec. I'd love for him to be home and stay home. We never went the AOS route b/c of his school to begin with. He was granted an exception due to my daughter. He is allowed to do all course work via the internet and submit homework through email but the school made it very clear he must be in NL to test in Dec. If we go the AOS route he can't return to test. Which then he would have to retake the entire semester again. If we expedite, I am hoping we could have his interview at Amsterdam by Dec or even Jan. That way he returns to NL for tests, medical exam and consulate interview but can come right back when its done. Did that make more sense? lol sorry if I confused anyone.

Thank you KDubovik for the info!

Edited November 11, 2012 by Jlet