Jump to content
rms171

Filing an expedited request for a K-1 visa with the NVC

 Share

14 posts in this topic

Recommended Posts

Looking for advice.

My beneficiary recently began suffering from a medical condition that requires treatment, and soon surgery. I am her sole source of financial support, and while I have had no issue in maintaining her care and well being, the toll of her medical costs is beginning to greatly affect my financial security. The costs we are incurring would have otherwise been covered if she were here in the US.

My conundrum is that my beneficiary would be extremely upset if she knew that I was filing an expedited request on the basis of economic hardship related to to her medical care. I fully understand her reasons, but if there is a way for me to present this to the NVC without directly involving her in it, that would greatly alleviate my financial issues and avoid what could be a major disagreement with her. Last thing I want to convey thorugh a request is that I cannot support her, something that would cause her great angst.

How do I explain my situation in a request to the NVC, one that helps avoid the issue I am facing above. For the last two months I sought help from my senator to get my NOA2 approved at the TSC as I saw these bills mounting. Of course the TSC did not immediately do anything and I waited 175 days for approval. The attorney I have in her country to assist me with gathering beneficiary paperwork is fully aware of my financial situation and would have no issue in addressing the truth behind my very real issue.

For those who are quick to say that if she loved me she would understand what I am doing or accuse me of going behind her back, well I appreciate the advice, but please do keep it to yourself. I have learned to never judge anyone, and as such I am asking for help here, not relationship tips.

Thank you,

RMS

-RMS

Link to comment
Share on other sites

When you say that the costs would be covered if she were in the US, does that mean that you plan on putting her on your insurance, insurance that you already have?

What are the details of her medical condition? They'll find out at her medical appointment no matter what. Is this something that could stop her from being able to come here?

Be careful how you word things though, you talk about the financial aspect of things and how she can get care here, which... isn't the purpose of the K1 visa. You don't want them thinking you're bringing her here solely for medical care.


How was she paying for medical care prior to you?


Not to sound rude but... since you're not married, you aren't obligated to help her with anything in the eyes of USCIS, if you go broke because you're flooding money to your fiance to pay for medical care, it's not really their concern, she's not legally your dependent or anything to you. Again, this is from the eyes of the government.

Now if you were married, it would be a bigger deal to them, but you're not.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Iran
Timeline

NVC for the K-1 is sort of a fly-by or at least it used to be. A few weeks to assign a case number and it's off to the embassy. Better to contact the embassy and see if you can get an expedited appointment which means she would need to have the paperwork and medical ready to go when the case arrives.

I am assuming you mean you and her will marry as soon as she arrives and you will be adding her to your insurance.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline

RMS

First: Not needing to know her medical condition but is it something that would keep her from passing the medical exam or traveling? You say she needs surgery soon.

Second: How would she be covered for this condition in the US? You are not yet married and can not add her to your policy. My husband is here and i am told i must wait 60 days to buy insurance for him.

Many say call a Senator but in reality they. can't influence immigration. Immigration does not even have to answer to the President. They can only request Homeland Security to look into your case and this still takes time

Not trying to discourage you, but medical costs in the US are a lot higher that DR. So your reasoning that she would be covered in the US and the expeses would be less a burden will not add up to immigration.

I would say she needs you to care for her in her condition. And it would be less a burden on you to have her in your home to do this / more emotional than monetary

Link to comment
Share on other sites

Thank you all so far. Her medical condition would not preclude her coming here. It is not uncommon of a condition for women in their child bearing years. The goal isn't to bring her here just for medical care, it is to point out that my financial burden would be substantially eased if she were here as I may give her health insurance as soon as we marry as there is coverage for her. I know that costs are much higher here then there as I've had to pay for other illnesses for her son, but the costs out of pocket there v. a deductible here that I have long met with my three kids, does add up. I figured it was worth asking the question, deep in side sensing the answer. The only thing that is important to me is her health. While financially it is taxing, money can be earned again.

-RMS

Link to comment
Share on other sites

NVC for the K-1 is sort of a fly-by or at least it used to be. A few weeks to assign a case number and it's off to the embassy. Better to contact the embassy and see if you can get an expedited appointment which means she would need to have the paperwork and medical ready to go when the case arrives.

I am assuming you mean you and her will marry as soon as she arrives and you will be adding her to your insurance.

It still basically is. I literally just got off the phone with a CSR at the NVC. My petition arrived on Friday and my number was assigned. I asked him what happens now and basically reiterated what you said. The file basically just goes into another package bound for the embassy.

One step closer.....

-RMS

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Seems to me that the focus is to get her on your Insurance asap.

Quickest way I presume would be to go to DR and get married and presumably you can add her then.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

I was told by NVC that by the time you request your file to be expedited it will be sent off to the embassy. Based on the other timelines it looks like they might be a bit busy right now...After I got my NOA2 I had to wait right about 35 days for my case # from NVC.

K1 Process20157/15 Sent I-129F7/27 RFE Received and Replied Same Day7/29 NOA1 (electronic)-text, email and website 8/6 NOA1 (hard copy)8/13 NOA2 (electronic)-email and website 8/17 NOA2 (hard copy)9/11 NVC Received9/14 NVC Case # Assigned9/30 Left NVC and Embassy "received" after extended AP10/7 Emergency Interview11/16....approved but waiting in the black hole AP AGAIN!11/20 AP finally changed to non-immigrant AP11/24 ISSUED11/25 Visa in Hand and Headed to the airport!!! AOS in 2016Filed 2/4/16Combo Card In hand 4/21/16<p>Interview scheduled 10/17/16 Approved on the spot
Link to comment
Share on other sites

Filed: AOS (pnd) Country: Russia
Timeline

OP, first of all I'm really sorry it's taking such a long time for you! :( Once at NVC, things do move faster for all, hopefully so fast you can't even expedite it to go any faster. :) The part that you could "expedite" the most was the USCIS, but that's over for you, so the gains are not as much.

Also not to sound rude, but I think you should probably talk this over with her. She is going to find out if your request gets expedited, one way or another. Maybe even if you request an expedite and it's rejected, the officer may still ask! They ask all kinds of questions on the interview and this one would be a legit one.

And if at the interview the officer finds out you've omitted this part to her, this is going to come across as a huge, ugly red flag. Proving that your relationship is real while proposing 2 different stories to USCIS, Embassy and NVC is not a situation you want to be in.

Honestly, I realize that money questions are tough and uncomfortable for all parties involved! I totally know how it feels not wanting to hurt your loved one by bringing up money (especially medical costs). However, if you are unable or unwilling to have an open conversation with your partner about money, that in itself is a red flag. You will have to have those conversations once you live together, you know.

I strongly suggest against doing any kind of requests behind her back. Not only is it disrespectful to your partner (you refuse her having a voice in this decision), it is also incredibly risky when it come to telling the same story to the NVC and Embassy. If they catch you, you're in real hot waters; is it really worth it?

Edited by naire37

K1 to POE
01.14.2015 - met online in an RPG chatroom
02.27.2015 - met in person
04.20.2015 - I-129F mailed
04.21.2015 - I-129F received by the Lockbox as per USPS site
04.24.2015 - NOA-1 electronic copy received: both SMS (text) and e-mail
04.30.2015 - NOA-1 paper version received
06.01.2015 - NOA-2 e-mail. SQUEE! =)
06.05.2015 - NOA-2 paper version.
06.12.2015 - NVC Received, Case # Assigned (not yet visible on CEAC)
06.17.2015 - NVC processing completed, now visible on CEAC with status "Ready"
06.24.2015 - CEAC status "Administrative Processing" (for Russia: received by the Embassy, can schedule the interview).
06.26.2015 - Crossed the t's and dotted the i's, this time for real. Scheduled the interview!
07.20.2015 - Medical. Piece of cake!
07.22.2015 - Interview. 2 hours worth of waiting and 5 minutes worth of talking to the consul, "your visa is approved". Yaaay!
10.09.2015 - POE in Boston, MA. Hooray!! Welcome, my love.

POE to Green Card:
10.09.2015 - POE in Boston, MA
10.14.2015 - applied for SSN; got it a couple days later in the mail
10.31.2015 - Wedding :halloween:
11.21.2015 - Filed AOS (package including Travel Parole & Employment)
11.25.2015 - electronic NOA-1(s), 11.27.2015 - Check cashed
11.30.2015 - NOA-1s

12.18.2015 - RFE (forgot to write my name in one place on the Affidavit of Support)

12.21.2015 - Biometrics

12.23.2015 - RFE Response received by USCIS

02.10.2016 - EAD/AP approved!

02.10.2016 - EAD/AP received!

05.12.2016 - Interview scheduled for 06.15.2016 (wow, that really took 6 months from filing...)

06.15.2016 - Interview. Approved! (but not at the interview, got notification about 4 hours later)

06.30.2016 - Green Card Received!

Link to comment
Share on other sites

OP, first of all I am sorry to hear about your fiancés health. Being apart is hard let alone when someone we love is sick and needs us. I highly suggest you tell your fiancé that that is your motivation to request an expedite. I am sure that you would love to be with her in this time and are not just concerned about the financial burden. I am pretty sure I know what you fiancé is dealing with and it will not exclude her from coming to the U.S. and it should be covered under your insurance (I will assume). Obviously doing the K1, you are not yet married and cannot add her to your insurance yet. ((To the poster who stated she had to wait 60 days I am very curious of that, I added my husband to my insurance before he even entered the country on the basis he would be losing coverage.)

Anyways, the expedite request is up to the embassy. Email the embassy with your information and give them a brief story about why you want to expedite the process. I expedited my husbands process (After 18 months apart) due to my fathers terminal illness and wanting them to meet before my dad passed away. It is truly up to the embassy and a lot of factors are involved. They accepted my request for expedite. HOWEVER, they did ask my husband if he knew about my fathers illness (which he did obviously). Therefore, I highly recommend you talk to your fiancé and let her know that you wish to speed it up so you can help her and be with her. DO NOT make it about finances (although it obviously plays a role). I think she will be more receptive to it.

Met: 12/2011

Married: 12/26/2013

Interview Date: 8/27/2014 - APPROVED

REUNITED!: 9/10/2014

POE: Miami

I-751 & I-912 filed together: 6/16/2016

Package Received In CA Service Center: 6/21/2016

I-912: Denied 8/6/2016

I-751 sent w/payment: 8/22/2016

Package Received at CSC: 8/24/2016

NOA-1: 8/29/2016 (dated 8/24/2016)

Biometrics Appt: 10/11/2016

Link to comment
Share on other sites

Seems to me that the focus is to get her on your Insurance asap.

Quickest way I presume would be to go to DR and get married and presumably you can add her then.

When I was making the rounds with my HR department after we got married, while waiting for our CR-1, our company's insurance wouldn't add a spouse that is not legally present in the US or cover anything other than emergencies overseas, so not sure this would do you much good to marry there to add to insurance faster, but that was just my experience, other companies may be different, but would be best to check first.

And while the intentions are good OP, definitely not a good way to start out your new life together by lying (even by omission) to your fiancee. As others have said, this could be called out at her interview and cause issues.

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

When I was making the rounds with my HR department after we got married, while waiting for our CR-1, our company's insurance wouldn't add a spouse that is not legally present in the US or cover anything other than emergencies overseas, so not sure this would do you much good to marry there to add to insurance faster, but that was just my experience, other companies may be different, but would be best to check first.

And while the intentions are good OP, definitely not a good way to start out your new life together by lying (even by omission) to your fiancee. As others have said, this could be called out at her interview and cause issues.

Not saying that HR is wrong, but often they are, best to check with the source.

I know that many people add their spouses on when not legally present.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Not saying that HR is wrong, but often they are, best to check with the source.

I know that many people add their spouses on when not legally present.

Very true. We didn't do it or force the issue because there wasn't really any point while he was still in the UK and gets coverage for free, but that was after 3 phone calls and about 10 emails to force them to call the broker and confirm that immigration is in fact a life changing event so I didn't have to add him during open enrollment and could add him when he actually moved. :)

Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

Link to comment
Share on other sites

The insurance issue really is more carrier specific. My insurance covers spouses and family members worldwide and not just for emergencies only. There were many different carriers I could chose from and they were all very specific that the spouse and all dependants are covered anywhere worldwide. It really saved my ### earlier this year when my wife was hospitalized in DR and the final bill was over 9000 US of which I paid 35 dollars of.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...