Expedited K-3 Visa

[rrsanford 0]

Here is the situation.

I married my wife in the Ukraine in June 2014 (Yes, last month!) At the time is was relatively safe to travel to Kiev (Kyiv) Ukraine. However, it is no longer the case. The threat of War is imminent. Obviously, this has me, my wife and step-daughter very scared that war will come. There is already a real threat that Russia will cut off the supply of natural gas which will leave them without heat in the cold months and severely limit the amount of power each household can consume.

Additionally, upon our marriage, her ex-husband (who isn't a nice person to begin with) decided that because she got married (to me), that he no longer has to support his daughter. So now she has no money to live on unless I support her--which I will, but I don't have endless funds and will put me in financial distress--but I will do whatever it takes!

If that wasn't enough, Her daughter was diagnosed with Pyelonephiritis (swelling of the kindeys due to a bacterial infection that is chronic and rare) The acute version of the disease is bad enough, but if she needs to be kept at moderate temperatures and monitored continually at the age of 5 and the next two years.

I only got the opportunity to be with my wife for a total of 5 days (1 day before the wedding and 3 days after). Originally, I had plans to visit in October (For my Wife's, Step-child's and Mother-in-law's birthdays (Yes, all in October--heaven help me :-)), but now it is too dangerous.

So my question is, is this enough for an approval for the expedited process. I have not yet submitted the I-130, but I have all supporting documents (translated birth certificates, marriage certificate, Passport photos, Divorce docs, G325A, etc.. ) and I have an appointment with the local USCIS field office to submit in person and request that it be expedited based on the above circumstances on Monday.

Also, I originally was going the K-3 route, but is it better to go the CR-1 route for the expedited process? Is there anything different for the I-130 stage of the process that I need to do for a CR-1?

Thanks in advance for your answers!

Rick

[Harpa Timsah 13,258]

Threat of war, not enough reason. Once war happens and gas is cut off, maybe.

Financial loss, maybe.

Ill child, maybe, but probably not. She can get doctor care abroad.

Good luck.

[Julia22 0]

Unfortunately it won't work out. We tried. Nobody cares about situation in Ukraine.

[BuvRahl 3]

I don't have any knowledge of expediting visa's, but just wanted to send a note of support. My wife, and son, are from Ukraine, and we had similar feelings before they were finally able to get here in February. We will be thinking about you guys, and praying for you all, and that your family is brought together soon.

Having seen Ukraine's healthcare system first hand, if your daughter isn't being seen in a private clinic, I would strongly recommend that. I hope she is doing well.

Lee and Mariana

[Boiler 45,467]

Could she move form Western Ukraine to somewhere safer?

[BuvRahl 3]

Could she move form Western Ukraine to somewhere safer?

Actually, Western Ukraine, is probably the safest place you could be, inside of Ukraine. Kiev, maybe not so much, due to it being the capital and the seat of power for Ukraine. It's the eastern and southern parts of Ukraine, that are the most at risk.

My wife lived in Kiev when we met, but she is from the western side of Ukraine, not too far from the Polish border. We skype with her mother a couple of times a week, and apart from the sadness for friends family member's being called to the military, and the fear of what's happening to their country, she is very safe where she lives now. How long that will continue, I'm not sure.

[Natalie and Bruce 18]

Rick,

All you can do is ask. Be sure to properly articulate and document the reasons you believe you qualify for an expedite.

Does your wife have sole custody of her daughter? Or will the father give permission for her to leave the country? My wife's ex had been absent for six years, never paid a dime of support, or had any contact with my step son, but we still had to go through the courts in Ukraine, for my wife to be awarded sole custody. Your step daughter (if she is a minor) will not be able to get a visa unless your wife has sole custody, or the permission of the other parent to leave the country.

[Boiler 45,467]

Actually, Western Ukraine, is probably the safest place you could be, inside of Ukraine. Kiev, maybe not so much, due to it being the capital and the seat of power for Ukraine. It's the eastern and southern parts of Ukraine, that are the most at risk.

My wife lived in Kiev when we met, but she is from the western side of Ukraine, not too far from the Polish border. We skype with her mother a couple of times a week, and apart from the sadness for friends family member's being called to the military, and the fear of what's happening to their country, she is very safe where she lives now. How long that will continue, I'm not sure.

Not sure why I typed west when I was thinking east.

Kiev is of course a long way away from where the action is taking place.

[rrsanford 0]

Threat of war, not enough reason. Once war happens and gas is cut off, maybe.

Financial loss, maybe.

Ill child, maybe, but probably not. She can get doctor care abroad.

Good luck.

In the Ukraine, there is war. Planes are getting shot down. I have read that they are more sympathetic to US Citizens who are in danger if they were to travel to the Spouses country. The reason the USCIS doesn't mind that visas take so long, is because they know that you can travel to be with your spouse from time to time. But when that is taken away or is unsafe, that is a one of the reasons, I read, that they even have the expedited process.

I am not trying to argue my point. But there is a war going on than and lives are being lost. The threat is only in her city. They have already given instructions on what different sirens mean in her city today (air strike, ground attack, chemical agents, etc.)

It would be horrific and God forbid, if my wife lost her life because "it didn't seem like a war at the time" from the perspective of the USCIS and Homeland Security.

[rrsanford 0]

Rick,

All you can do is ask. Be sure to properly articulate and document the reasons you believe you qualify for an expedite.

Does your wife have sole custody of her daughter? Or will the father give permission for her to leave the country? My wife's ex had been absent for six years, never paid a dime of support, or had any contact with my step son, but we still had to go through the courts in Ukraine, for my wife to be awarded sole custody. Your step daughter (if she is a minor) will not be able to get a visa unless your wife has sole custody, or the permission of the other parent to leave the country.

She will get permission. She put up no resistance to her ex when he stop supporting her in the hopes of him giving full permission. He knows who I am, where I live and knows her plans to be with me here. He can be bi-polar it seems sometimes, but he has not yet made any comments about not giving permission to her. She is convinced it will not be a problem. She says she also has some things that will ensure that he will comply, I told her I don't want to know about any of it...LOL!!!

[Harpa Timsah 13,258]

In the Ukraine, there is war. Planes are getting shot down. I have read that they are more sympathetic to US Citizens who are in danger if they were to travel to the Spouses country. The reason the USCIS doesn't mind that visas take so long, is because they know that you can travel to be with your spouse from time to time. But when that is taken away or is unsafe, that is a one of the reasons, I read, that they even have the expedited process.

I am not trying to argue my point. But there is a war going on than and lives are being lost. The threat is only in her city. They have already given instructions on what different sirens mean in her city today (air strike, ground attack, chemical agents, etc.)

It would be horrific and God forbid, if my wife lost her life because "it didn't seem like a war at the time" from the perspective of the USCIS and Homeland Security.

I understand your frustration and fear.

I have seen many people from dangerous places get turned down for expedites. I recall some from the Mindanao area of PI getting denied expedite, someone from Pakistan who had a car bomb go off in front of their house get denied expedite, and many others. I understand how scary it is, but I am just offering a guess based on reading various reports.

You can always ask, no harm done.

[Boiler 45,467]

Sounds like she is is the Donetsk area.

How does she get Court permission when presumably those Courts are not operational?

[rrsanford 0]

I don't have any knowledge of expediting visa's, but just wanted to send a note of support. My wife, and son, are from Ukraine, and we had similar feelings before they were finally able to get here in February. We will be thinking about you guys, and praying for you all, and that your family is brought together soon.

Having seen Ukraine's healthcare system first hand, if your daughter isn't being seen in a private clinic, I would strongly recommend that. I hope she is doing well.

Lee and Mariana

She is being seen in a private clinic, but that is before she lost support from her ex. She will have to revert to a public clinic/healthcare unless I support her or she is under my healthcare (obviously shed have to be here for that)

I appreciate the support! And wouldn't mind having your email address (you can send in a private message on here, I think) to keep you personally update) if you want. Never hurts to have a network of friends through out this process and beyond.

Rick and Anastasiia

I understand your frustration and fear.

I have seen many people from dangerous places get turned down for expedites. I recall some from the Mindanao area of PI getting denied expedite, someone from Pakistan who had a car bomb go off in front of their house get denied expedite, and many others. I understand how scary it is, but I am just offering a guess based on reading various reports.

You can always ask, no harm done.

I understand and appreciate the honest and sincere thoughts! More than you know!!!

[rrsanford 0]

Sounds like she is is the Donetsk area.

How does she get Court permission when presumably those Courts are not operational?

She is in Kiev. It is more North Central. However, close to the Russian border. The official government has announced their intentions to retaliate against Russia. The current warfare in Donetsk is a civil war between Pro-Russians and Ukrainian rebels. The civil war is keeping it unsafe for me to travel there. The threat of war is the retaliation because Russia has cut their natural gas supply. Needless to say, it's an ef'd up country right now that gives me no chance to ever be with my wife until a visa is approved without serious rick to each of our lives.

[kehills 217]

Given the issue with MH17 last week and the escalating international tensions from that, it's probably not a horrible idea to try to expedite. Will it be granted? Who knows. But it's not gonna cost you anything to ask, eh?

Of course, to expedite, you have to file, and I'd be falling all over myself to get that filed ASAP. Before you file, post a really, really detailed post in the appropriate IR1/CR1 forum here with every.single.thing. you are going to file, so more experienced users can tell you what you should include. You should probably also include a brief bit of information about your relationship with your wife (how you met, how long you've known each other, how many times you've visited, etc) so that experienced users can tell you what potential red flags may be and what kind of things you can do to bolster your petition so that you don't receive any RFEs.

Something to consider: if things get worse before they get better and spread east, the embassy could close. ...I'd move fast, if I were you, regardless of whether or not an expedite is approved.

Good luck.