Expedite Denied - What Can I do?

[awills729 1]

Trying to make a long story short ...

I brought my husband here 5 months ago on CR-1. We left his son with my mother in law (baby's mom is not in the picture, never was) in order to allow time for my husband to get a job, start working and find a home for us. Planned on filing for step-son this summer.

My step son's ONLY childcare is my mother in law who now has a visa to go take care of her dying parents in Toronto. So we filed for my stepson this month and requested an expedite.

Request DENIED.

This would cause a 2 year old to have no child care, as my mother in law NEEDS to leave the country ASAP. This would force my husband to quit his new job, move back to his home country (with no job and no place for him and his 2 year old to live), also causing us to lose our home in the US, our car, etc, as I dont make enough money to support everything while he is gone.

Is there anything I can do??? Should I request an expedite again??

TIA

[Transborderwife 4,666]

Did you provide evidence of financial hardship should the request be denied?

[awills729 1]

I wasn't even given the opportunity. All I could find was to call and make the request. They just asked me a few questions, I had no chance to submit anything other than just the conversation I had with the rep

[Georgia16 2,858]

I wasn't even given the opportunity. All I could find was to call and make the request. They just asked me a few questions, I had no chance to submit anything other than just the conversation I had with the rep

You could have written them a letter and have put all the proof of the hardship in there...

[awills729 1]

Ok thank you. All I saw was a number to call. So I need to send a letter to the service center with evidence?

[Boiler 45,519]

Can the child not go to Canada with MIL?

Edited May 4, 2016 by Boiler

[awills729 1]

that would be a whole new visa process to another country. we could try, but it takes a long time, and MIL is trying to get out of there ASAP to care for her dying parents. Adding a 2 year old would be tough, as well

[Penguin_ie 5,993]

If your husband's only been here for 5 months, there may still be a follow-to-join option on his original CR-1, was the child originally included or never included?

[awills729 1]

he was not included

[Boiler 45,519]

I thought children had to be included?

[milimelo 4,479]

If your husband's only been here for 5 months, there may still be a follow-to-join option on his original CR-1, was the child originally included or never included?

No follow to join for CR-1. Kid would have had to have his own I-130.

[Penguin_ie 5,993]

No follow to join for CR-1. Kid would have had to have his own I-130.

Yeah, I thought maybe they did that and then decided not to include the child in the visa interview last minute.

Op- even an expedited case would take a few months, so you may need to look for other childcare

[HFM181818 750]

what you are proposing is to ask USCIS again for the same thing you asked before....why would they change their decision?

In addition, the kid could have taken advantage of theFTJ, but for whatever the reason(s), that did not happen....but that is NOT the fault nor the responsibility of USCIS...(in other words, poor planning is not someone else's problem)...

[jan22 3,056]

what you are proposing is to ask USCIS again for the same thing you asked before....why would they change their decision?

In addition, the kid could have taken advantage of theFTJ, but for whatever the reason(s), that did not happen....but that is NOT the fault nor the responsibility of USCIS...(in other words, poor planning is not someone else's problem)...

Wrong! There is no way a CR2 could have "...taken advanage of the FTJ..." (Follow to Join). They would have had to file an additional I-130, which could have been processed at about the sane time, but don't confuse people with FTJ when talking about CR-1/CR-2.

Family situations can change and what seemed like the right thing to do could end up working out...doesn't necessarily make it poor planning. And, if they choose to, they can indeed ask USCIS to reconsider their decision and supply additional information -- although I suspect the answer would be the same. It also doesn't mean that the Embassy/Consulate would also agree to expedite the visa part of the processing.

Edited May 5, 2016 by jan22

[HFM181818 750]

someone forgot to file the I-130 for the child...and it wasn't USCIS......"We left his son with my mother in law..."...USCIS did not leave said child with the MIL....just because there were no contingency plans is not the fault of USCIS....and no doubt, all of the other thousands of people who want their case to be expedited should be told ....what? Better planning would have alleviated this situation....