I-130 EXPEDITED?

[Mateo Diaz 0]

Good morning to all,

 

I hope someone can help me out answering this question. So I started a process for my wife who is overseas last year and everything was approved, we already have a date for her visa interview and are basically in the final stretch. However we made the mistake of not submitting a separate I-130 for her son thinking one I-130 was enough for both (big mistake). Now I have to submit a new I-130 and start a new process for her son. I want to try to get this review process expedited in hope of getting a chance for them to travel to the U.S. together being that he has no one to take care of him overseas. I have read a few posts on VisaJourney regarding people having their processes expedited and getting everything within a few months, but I have not found any regarding on how to get it expedited.

 

My question is: How do I request my I-130 review to be expedited by the USCIS and then by the NVC (hopefully even sent directly to the embassy)?

 

Thank you.

[Unlockable 7,316]

Was the child mentioned in your wife's I-130? If so, that will help a lot if you married his mother before he turned 18 years of age. He could be a derivative.

 

For expedite it really depends on the severity of the situation. Most expedites are approved because of emergency circumstances out of their control. There is a chance that it may not get expedited because your wife can choose to stay until his process is completed instead of leaving him. But you are free to request an expedite.

[Mateo Diaz 0]

2 minutes ago, NuestraUnion said:

Was the child mentioned in your wife's I-130? If so, that will help a lot if you married his mother before he turned 18 years of age. He could be a derivative.

 

For expedite it really depends on the severity of the situation. Most expedites are approved because of emergency circumstances out of their control. There is a chance that it may not get expedited because your wife can choose to stay until his process is completed instead of leaving him. But you are free to request an expedite.

Thank you for getting back to me. 

 

He was mentioned in my wife's I-130 but he is not counting as a derivative, that's why I need a new I-130 for him. But my question still is, how do I request the expedited service? Do I send a letter, do I call them to expedite it, do I submit a formal request? How do I actually go about doing it?

[milimelo 4,583]

Postpone wife's interview until son's I-130 catches up at the Embassy.

[Springrain22 427]

Have your wife come to the USA and then go back to the original country to stay there until her son gets his visa. There's no reason for the expedited service here. It's not an emergency, you can always stay with your son there. Only because you're not happy with it does not give you any right for expedited service. Wait like others do.

[Mateo Diaz 0]

7 minutes ago, Springrain22 said:

Have your wife come to the USA and then go back to the original country to stay there until her son gets his visa. There's no reason for the expedited service here. It's not an emergency, you can always stay with your son there. Only because you're not happy with it does not give you any right for expedited service. Wait like others do.

Thanks for your input.

If you read from my original post there is no body at all that can take care of my wife's son overseas, therefore we want to give it a shot to expedite it. I understand that if it doesn't get expedited we will have to wait like everyone else, that's just the way it is. But that doesn't mean that I don't have the right to try. Hence why I'm asking  how can I request the expedited service? if it gets approved or denied, that's a different matter. At this point, like I said in my original post, I JUST WANT TO TRY.

[Springrain22 427]

1 minute ago, Mateo Diaz said:

Thanks for your input.

If you read from my original post there is no body at all that can take care of my wife's son overseas, therefore we want to give it a shot to expedite it. I understand that if it doesn't get expedited we will have to wait like everyone else, that's just the way it is. But that doesn't mean that I don't have the right to try. Hence why I'm asking  how can I request the expedited service? if it gets approved or denied, that's a different matter. At this point, like I said in my original post, I JUST WANT TO TRY.

You can try, call them and tell them your story. However, you must some requirements listed here = https://www.uscis.gov/forms/expedite-criteria = which are not in your case.

[Mateo Diaz 0]

21 minutes ago, milimelo said:

Postpone wife's interview until son's I-130 catches up at the Embassy.

Thank you for your input. We have considered this option, but in all honesty we fear that postponing it will have negative effects on her already approved process. We have fiends that have postponed their interview for other reasons, and their process was extensively delayed. 

[geowrian 22,338]

You can request an expedite by calling them. They will have you send them documentation proving the reason why an expedite is being requested. It cane be approved/denied in days, weeks, or even months. You have to expedite each stage separately.

 

That said, I don't see what expedite criteria is being met here to result in an approval. You're free to try, but I wouldn't expect a speedy conclusion.

 

What's the reason the son wasn't considered a derivative?

[Mateo Diaz 0]

55 minutes ago, geowrian said:

You can request an expedite by calling them. They will have you send them documentation proving the reason why an expedite is being requested. It cane be approved/denied in days, weeks, or even months. You have to expedite each stage separately.

 

That said, I don't see what expedite criteria is being met here to result in an approval. You're free to try, but I wouldn't expect a speedy conclusion.

 

What's the reason the son wasn't considered a derivative?

Thank you very much. This is the answer I was looking for. I know we don't have much criteria, but we will try for the Compelling option and hope for the best.

 

And he was not considered a derivative because since I am a USC my spouse qualified under direct relative, and was granted a CR-1 visa which doesn't benefit derivatives. 

[geowrian 22,338]

16 minutes ago, Mateo Diaz said:

Thank you very much. This is the answer I was looking for. I know we don't have much criteria, but we will try for the Compelling option and hope for the best.

 

And he was not considered a derivative because since I am a USC my spouse qualified under direct relative, and was granted a CR-1 visa which doesn't benefit derivatives. 

You're welcome. Good luck.

[Mr&MrsKhiladi 9]

Have you considered enlisting help from your congressional representative or senator? Might want to consider that.