Is there a way to APPEAL a rejected expedite request?

[f f 725]

10 minutes ago, elfinkel said:

It does. So please stop.

sure.

this is the last post you will see from me in this thread.

but please take this advice.

you are going up against uscis in thier court and you have to play by thier rules. immigration laws are not designed to be nice or friendly to the immigrants or thier families. they break apart families according to a set of rules. they are designed to protect the people of the us as a whole against those who would to us harm and until they are convinced the immigrant has a valid reason to come and is safe they will deny that immigrant a visa.

 

to mods

I took no offense to the op asking me not to post please do not punish the op for that.

[jakelake 222]

2 hours ago, elfinkel said:

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....

Unless you come up with new reasons for an expedite, you will be rejected again. Pregnancy is not a reason for an expedite, especially since you are the USC.

 

There is absolutely nothing unusual about your case. There have been millions of women who have had children without the husband or father present. Many women going through the same visa process as you have the same issue. Why should you be given an exception?

 

If anything, it would have to be an emergency situation on the part of your husband, the beneficiary, that would warrant an expedite.

 

[Roel 7,192]

It's a harsh reality but if the Uscis would expedite every case with pregnancy or anxiety, then everyone would be getting babies or claiming they have anxiety issues. It's not an emergency nor a serious medical emergency / condition. They were right to deny your expedite. Hell, I've been dealing with anxiety for the past 10 years but I wouldn't think of using it as a way to expedite the process. 

[KaurN 138]

Hey @elfinkel I just want to share my experience with you regarding my pregnancy and my expedite request. Our scan date was March 3rd, after 11 weeks we received a checklist requesting some additional documents, that put us in a tizzy because my due date is October 12th and since NVC takes 11 weeks to review documents and then another month or more to schedule an interview it would've meant that I would most likely be giving birth without my husband too. Despite the fact that people on this forum and everywhere else including lawyers were telling me that pregnancy is not a reason for an expedite I went ahead and sent an email and in that I stated that due to the checklist my husband would miss the birth of our first child and during the pregnancy I am needing a lot of support from him. Along with the request I attached a doctors note that only stated my due date and nothing else. To my surprise my request got approved and was send directly to the consulate and our interview appointment was scheduled in a week. So with your situation since they already approved the request I would suggest calling NVC again or writing to them and asking them for an expeditious interview and let them know that you are in Peru right now and it would be easier if your husband can travel back with you. There are no guarantees but its worth a try!

 

[jakelake 222]

13 minutes ago, KaurN said:

Hey @elfinkel I just want to share my experience with you regarding my pregnancy and my expedite request. Our scan date was March 3rd, after 11 weeks we received a checklist requesting some additional documents, that put us in a tizzy because my due date is October 12th and since NVC takes 11 weeks to review documents and then another month or more to schedule an interview it would've meant that I would most likely be giving birth without my husband too. Despite the fact that people on this forum and everywhere else including lawyers were telling me that pregnancy is not a reason for an expedite I went ahead and sent an email and in that I stated that due to the checklist my husband would miss the birth of our first child and during the pregnancy I am needing a lot of support from him. Along with the request I attached a doctors note that only stated my due date and nothing else. To my surprise my request got approved and was send directly to the consulate and our interview appointment was scheduled in a week. So with your situation since they already approved the request I would suggest calling NVC again or writing to them and asking them for an expeditious interview and let them know that you are in Peru right now and it would be easier if your husband can travel back with you. There are no guarantees but its worth a try!

 

Were you the beneficiary or the USC?

 

Also, I would think that it depends on who is reviewing the expedite request.

If everyone claims anxiety due to giving birth without partner there and then gets an expedite, then it's going to set a precedent and everyone will use that claim, whether valid or not. It's just going to create an unfair situation and I don't think that NVC will want that situation.

 

The best solution is for both USCIS and NVC to find a more efficient way to speed up the process for everyone.

 

[KaurN 138]

14 minutes ago, jakelake said:

Were you the beneficiary or the USC?

 

Also, I would think that it depends on who is reviewing the expedite request.

If everyone claims anxiety due to giving birth without partner there and then gets an expedite, then it's going to set a precedent and everyone will use that claim, whether valid or not. It's just going to create an unfair situation and I don't think that NVC will want that situation.

 

The best solution is for both USCIS and NVC to find a more efficient way to speed up the process for everyone.

 

I am the USC. Giving birth without your spouse is a reason for anxiety no matter what situation and whether your request gets approved or not.

[Jhonny 472]

9 hours ago, elfinkel said:

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...

Well well, I found this topic getting hard...

 

I'm going to give you my advise!

Fortunately, you have the opportunity to be with your husband, so, if you feel that being without him when the baby is born, is going to increase your anxiety, please, don't put both your and your baby health in danger with an anxiety attack! Is the most important thing, without it there not going to be visa, not joining both of you three and anything.

Look back and there is always going to be people in a worst case than you!

I struggle against anxiety everyday at every time, I came alone to Colombia, leaving my family behind, and having my wife and step son there in U.S and believe me, anxiety get stress, and stress, health problems that pop up in the most unexpected ways! I'm saying this based in my own experience ! Trust me , anxiety is the WORST ENEMY here in our VISA JOURNEY , more than the feared RFE !

Both of us , my wife and I have being sick because of this, chest pain, me an eye stye, deep venous thrombosis (due to stress) and  we talk together and put an stop to that, because we were on bad way!!!

Now anxiety is getting keeped under control, and we try to focus in many things and TRY not to think too much about that!

If there is no way to expedite your case, well, talk together and consider the againsts and the pros , and make a desicion, the best one.

But try to relax, and don't put in danger both's health!

Congratulations for your baby! 

This is my really honest advice! God help us all!

Greetings!

Edited August 25, 2017 by Jhonny

[Roel 7,192]

If there would be an expedite for pregnancy or anxiety, it would be extremely unfair for people who for example, don't want kids or don't have any mental issues. Everyone want to be with their loved one fast.

Edited August 25, 2017 by Roel

[KaurN 138]

22 minutes ago, Roel said:

If there would be an expedite for pregnancy or anxiety, it would be extremely unfair for people who for example, don't want kids or don't have any mental issues. Everyone want to be with their loved one fast.

Whether you think it is fair or not doesn't matter. All I am trying to say that it is not  impossible. 

[jamaicankim 89]

3 minutes ago, KaurN said:

Whether you think it is fair or not doesn't matter. All I am trying to say that it is not  impossible. 

There is a difference with your case and hers. You were already at nvc with a checklist and she just reach nvc base off her estimate of when she will get a cc. If she had a cc she would have gotten the expedite. 

[jakelake 222]

1 hour ago, KaurN said:

I am the USC. Giving birth without your spouse is a reason for anxiety no matter what situation and whether your request gets approved or not.

There are so many different types of anxieties. Using that as an excuse is just not a good reason for expedites. What about job, weight, financial, health anxieties, etc. People go through all sorts of issues in life. If an expedite is given for every anxiety, then everyone will get that expedite approved. It's just not feasible.

 

I can make the argument that if you are having anxiety because your partner is not there, then you are probably not fit or prepared to be a mother. There will be many more anxieties after the birth. What will be your excuses then?

 

 

[Going through 5,671]

2 hours ago, Roel said:

It's a harsh reality but if the Uscis would expedite every case with pregnancy or anxiety, then everyone would be getting babies or claiming they have anxiety issues. It's not an emergency nor a serious medical emergency / condition. They were right to deny your expedite. Hell, I've been dealing with anxiety for the past 10 years but I wouldn't think of using it as a way to expedite the process. 

The immigration process alone causes EVERYONE to have anxiety....lol

 

To the OP:  as far as USCIS is concerned, since you are a USC there is nothing stopping you from travelling to have the baby born in the United States, so they were correct to deny the expedite request.  Personally, if I were you, I would give birth in the US.

[Going through 5,671]

10 hours ago, f f said:

to mods

I took no offense to the op asking me not to post please do not punish the op for that.

On an aside, I have a lot of respect for you right now for saying the above.

[KaurN 138]

11 minutes ago, jakelake said:

There are so many different types of anxieties. Using that as an excuse is just not a good reason for expedites. What about job, weight, financial, health anxieties, etc. People go through all sorts of issues in life. If an expedite is given for every anxiety, then everyone will get that expedite approved. It's just not feasible.

 

I can make the argument that if you are having anxiety because your partner is not there, then you are probably not fit or prepared to be a mother. There will be many more anxieties after the birth. What will be your excuses then?

 

 

Don't take it too far my friend. You are thinking too much! The woman is pregnant and wants to give birth in the United States with her husband around. She isn't asking for too much. If NVC expedites it well and good if not she will deal with it. You are taking it way to seriously.

[jakelake 222]

25 minutes ago, KaurN said:

Don't take it too far my friend. You are thinking too much! The woman is pregnant and wants to give birth in the United States with her husband around. She isn't asking for too much. If NVC expedites it well and good if not she will deal with it. You are taking it way to seriously.

I am not taking it too far and I am not thinking too much. Expedites are for serious unforeseen medical emergencies, errors on the part the part of USCIS, NVC, etc. Expedites are not because you want things to go your way. Otherwise, we all would be requesting expedites. Expedites are not meant to be abused.

 

Yes, she is asking for too much. However, if NVC expedites the case, then that is good for her and we all would like to know so that we can all claim anxiety and request expedites as well.

 

Let us not get into an argument. Let us all respect each other's opinions and experiences. We are all trying to reach a happy ending for our visa journey.