Expedite- veteran

[Leeahh 10]

My fiancé has submitted our petition for the k1 visa. Our NOA1 is September 27th. Now I have a bit more of a complicated case as the beneficiary and myself and my fiancé (US citizen) have been through quite a bit. .. Going forward, we are looking to expedite our case. I know there is criteria to which your case must follow under, but I do believe we have at least 2 of those to expedite by. My fiancé is a Marine and suffers severe PTSD/ depression. I know people will chime in and say that is not enough of a reason to expedite, but under certain circumstances, I do believe so... especially when self harm is coming into play and the support needed through those times. Obviously I will not share our personal lives on the matter, but things get very rough for us. I have been a huge role in his emotional, medical support. Now since I am in my country, its a different story. We used to live in the US together, prior to becoming engaged. I returned home, and he cannot be separated from me so has been visiting me for periods of time. With that being said, We are losing money. He is out of work, and we are paying for storage, utility bills, rent, car, etc. in the US as well as paying here in Canada. It is not affordable at all. He also lives in a very poor if not one of the poorest cities in the US.  He is losing out on work and cannot get the medical needs here in Canada from the VA for his issues. To live in Canada is VERY expensive and completely out of the picture. The dollar is also very weak right now, so bills are almost double. He has applied for a work visa, but to pay both here and there, its not realistic based on that alone.. Either way, we do not want him to lose out on benefits to be here with me but he is really not doing well with the separation.

 

I wanted to know a few experiences of others with something similar.. Is it reasonable to ask for an expedite?

What documents can we show to prove this?

Please do not comment anything negative... 

[payxibka 10,045]

There is an entire military sub forum that would be better for this situation. 

[Ben&Zian 4,397]

12 minutes ago, Leeahh said:

My fiancé has submitted our petition for the k1 visa. Our NOA1 is September 27th. Now I have a bit more of a complicated case as the beneficiary and myself and my fiancé (US citizen) have been through quite a bit. .. Going forward, we are looking to expedite our case. I know there is criteria to which your case must follow under, but I do believe we have at least 2 of those to expedite by. My fiancé is a Marine and suffers severe PTSD/ depression. I know people will chime in and say that is not enough of a reason to expedite, but under certain circumstances, I do believe so... especially when self harm is coming into play and the support needed through those times. Obviously I will not share our personal lives on the matter, but things get very rough for us. I have been a huge role in his emotional, medical support. Now since I am in my country, its a different story. We used to live in the US together, prior to becoming engaged. I returned home, and he cannot be separated from me so has been visiting me for periods of time. With that being said, We are losing money. He is out of work, and we are paying for storage, utility bills, rent, car, etc. in the US as well as paying here in Canada. It is not affordable at all. He also lives in a very poor if not one of the poorest cities in the US.  He is losing out on work and cannot get the medical needs here in Canada from the VA for his issues. To live in Canada is VERY expensive and completely out of the picture. The dollar is also very weak right now, so bills are almost double. He has applied for a work visa, but to pay both here and there, its not realistic based on that alone.. Either way, we do not want him to lose out on benefits to be here with me but he is really not doing well with the separation.

 

I wanted to know a few experiences of others with something similar.. Is it reasonable to ask for an expedite?

What documents can we show to prove this?

Please do not comment anything negative... 

 

While you can try, it doesn't hurt, they may approve or deny.... but that being said, he does get free care from the VA... while, as a veteran myself, I honestly avoid the VA at all costs just because it's so slow...

 

But, as for the expense of traveling back and forth, that's kind of on you both... mean, is it "required" to travel back and forth? USCIS would most likely say no it isn't... so not sure financial loss, or where he chooses to live, ect, would be reason for expedite... sides, even if expedited, you can't work right away when you got here anyways... 

 

As for emotional support, again he has the VA, and unless you were some sort of professionally certified psychologist/psychiatrist/therapist or what ever, doubt they would go as far as to expedite for your emotional support.

 

Again though, you can try to expedite by all means, doesn't hurt to try at all. Has no negative effect on your case if denied so.

Edited November 1, 2018 by Ben&Zian

[Crazy Cat 41,610]

Even though I think you don't qualify under USCIS rules, it certainly does not do any harm to request expedite.  It will not delay your case, and USCIS does not charge a fee....good luck in your request.

[Marcelina 246]

If you know the criteria you also know expediting is free. It won’t hurt to try, especially if you have proof of his health and financial situation. Petitioner calls, explain the reason for expediting and if they will consider your request seriously they should ask for additional documents. Usually they try to make a decision within 30 days. You will see an expedite request status on https://egov.uscis.gov under your K-1 number case history.

[Ben&Zian 4,397]

Also, with PTSD, usually it's 100% disability from the VA, which, not sure on the specific monthly amount of money he should be getting, I know it isn't a ton. I have 10% myself; but is he going to have a co-sponsor because the amount he get's I know wouldn't be enough to qualify on his own as a sponsor, or would be bare minimum... this has nothing much to do with your initial question on expedite. but perhaps something else to think about for the I-134 form and also later for the AOS.

[TBoneTX 45,024]

Thread is moved from the K-1 Case Progress subforum to the Military Discussion forum.

[debbiedoo 2,339]

you can request an expedite.

 

i doubt you would get it based on the information you provided.

[Leeahh 10]

12 minutes ago, Ben&Zian said:

 

While you can try, it doesn't hurt, they may approve or deny.... but that being said, he does get free care from the VA... while, as a veteran myself, I honestly avoid the VA at all costs just because it's so slow...

 

But, as for the expense of traveling back and forth, that's kind of on you both... mean, is it "required" to travel back and forth? USCIS would most likely say no it isn't... so not sure financial loss, or where he chooses to live, ect, would be reason for expedite... sides, even if expedited, you can't work right away when you got here anyways... 

 

As for emotional support, again he has the VA, and unless you were some sort of professionally certified psychologist/psychiatrist/therapist or what ever, doubt they would go as far as to expedite for your emotional support.

 

Again though, you can try to expedite by all means, doesn't hurt to try at all. Has no negative effect on your case if denied so.

This does make sense. I know we have thought "it doesn't hurt to try".. so we will give it a shot. I cannot travel to the US.. he has to come to visit me. So the deal is that since we were living together, we took at financial responsibilities there, together. So the burden has now become a financial payment for 2 instead of 1. He tries to avoid the VA as well. The one he goes to in Texas is absolutely horrendous. We went in there to speak to someone about his problems and ask to speak to a psych and they simply asked him if he needed a refill on his medication. So sad. 

Also, upon my arrival, although I wouldn't be able to work.. it would eliminate our finances here in Canada. which would help ALOT. 

 

Thank you for your response

[Leeahh 10]

thank you for you responses everyone.

 

This process is definitely not enjoyable !

[Boiler 45,314]

Seems a long shot but as others have said no harm trying.

PS K1 seems an odd choice if finances are tight.

[Leeahh 10]

4 minutes ago, Boiler said:

Seems a long shot but as others have said no harm trying.

PS K1 seems an odd choice if finances are tight.

We will try.. it hard to see someone suffer from

mental health.

Never was a issue filing for either.. finances would be an issue either way if we went spousal or K1.. like I said.. I cannot enter the US, so we are forced into committed different financial responsibilities after having those together before k-1/me leaving the US

[Boiler 45,314]

Why can you not enter the US?

 

With a K1 you have 4 plus months before you can work, a CR1 and you can work immediately.

[lierre 224]

These are the expedite criteria: https://www.uscis.gov/forms/expedite-criteria

 

We requested an expedite for my CR-1 due to this reason:

• Department of Defense or national interest situation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);

 

[Lemonslice 4,797]

Are you planning to move away from the poorest city in the US?  Because that doesn't sound like the best way to help your financial situation.  If you'll be the one supporting your family, the best way to expedite your reunion and merge your lives might be that he moves to you - it's possible to do the in country process in Canada, you would only have to support one household, not lose on the exchange rate, and you could keep your job. 

 

Best of luck on your expedite, but please consider a plan b in case it's not approved and you want to get together/support him.