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elfinkel

Is there a way to APPEAL a rejected expedite request?

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Filed: IR-1/CR-1 Visa Country: Peru
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I should be more specific.

Our expedite request wasn't rejected per se, but the embassy said they would expedite the process AFTER the paperwork is reviewed at the NVC. I'm pregnant and can't travel after Oct 29th...and our 11 weeks at NVC is up on the 27th of October. I'm freaking out. I want to have my baby in the U.S. so badly (I'm a USC). It's not a good situation with me here in Peru with my anxiety and depression. 

Basically, if our case doesn't go through in time, I have to choose between having my child in my home country, or having it with my husband there with me in Peru GAH.

Has anyone tried to appeal a rejected expedite request? I'm starting to lose hope here....:(

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Unfortunately, you were already fighting an uphill battle as pregnancy is not considered a valid reason for expedite.

 

Never seen a rejection for expedite appealed. The problem is that even if you go through with an appeal they will likely sit on it, as in take their time with the appeal anyway. 

 

Won't be the end of the world if you have the baby without the father in the US. We see it often here on VJ.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Unfortunately, I don't remember seeing an expedite request for being pregnant being approved.  I suggest you start planning what would be the best for the three of you if ever it is not approved in time so that you are ready, safe and both comfortable with your decision.  If the expedite comes, it will be a nice surprise. 

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Filed: Country:
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congratulations on the baby.

 

nothing Is preventing you from going to the us to give birth since you are a usc. so you are staying there by choice and you can not force thier hand by choosing to put yourself in a situation you do not want to be in.

 

besides if that were a reason to expedite every wife would get pregnant to get thier spouse to the us faster. and we live in a world where pregnancy is a choice since there are plenty of options available to prevent or stop pregnancy if it is not a good time for you to be pregnant, so again you chose to become and stay pregnant in full knowledge of what would happen.

Edited by f f
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I've gotta agree with the others...expediting at NVC just isn't in your future. Unless there are complications with the pregnancy that present a medical emergency, a pregnancy is not a reason for expedite for them. Even then, that's usually when the beneficiary is pregnant...the USC can go to the US at any time without an expedite.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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

It's not just the pregnancy. As I said, it's anxiety and depression on top of that. And I sent a doctor's letter about my anxiety and depression to them with the expedite request.

Giving birth without having my husband there is less than ideal. I also don't trust myself traveling without him, either. The last time I went to the U.S. alone (and not pregnant) I had an anxiety attack and l almost fainted while waiting in the check-in line. I can't risk having an anxiety attack alone while pregnant...

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline
38 minutes ago, f f said:

congratulations on the baby.

 

nothing Is preventing you from going to the us to give birth since you are a usc. so you are staying there by choice and you can not force thier hand by choosing to put yourself in a situation you do not want to be in.

 

besides if that were a reason to expedite every wife would get pregnant to get thier spouse to the us faster. and we live in a world where pregnancy is a choice since there are plenty of options available to prevent or stop pregnancy if it is not a good time for you to be pregnant, so again you chose to become and stay pregnant in full knowledge of what would happen.

 

Excuse me, no, I did not CHOOSE to be in this situation. However I ended up getting pregnant is not any of your business, but if you think that pregnancy is 100% preventable with anything other than abstinence you are wrong. If you're going to be rude, please leave this conversation. 

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline
48 minutes ago, slycordinator said:

And if you're worried that your child won't get citizenship if born abroad, it's not true. You can file CRBA and your kid will be able to claim citizenship.

 

No, I'm not worried about that. I know that it will be a U.S. citizen either way. It's more about me being in a familiar and more comfortable place. And being with my family etc. 

Thanks, though. 

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Filed: IR-1/CR-1 Visa Country: Peru
Timeline
2 minutes ago, f f said:

sorry this sounds cold hearted.

 

you could have waited to have a child where you were not in this situation. uscis will not let you force thier hand by by putting yourself in a situation you could have easily avoided.

It does. So please stop.

Edited by elfinkel
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Filed: Timeline

We're sorry that you've got anxiety and all. But uscis (isis? Thanks android) doesn't care about that. I wanted to expedite because I wanted to leave the country to get jobs in the States and wanted my wife to come with me since her English isn't great. They didn't care and had a very specific list of requirements that were legally the only things they expedite for, none of which applied to us and so they didn't expedite. 

Edited by slycordinator
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