Form I-131 emergency

[Mulugulu 23]

Hi everybody, 

 

I have a problem and will try to explain my whole case in a few sentences, hoping someone will be able to help me: 

 

We applied for the 129f in March of 2018, I was admitted to the US on December 20th as a K1 Visa holder. 

My then fiancé and I got married on the 21st of February and applied for AOS (485) along with AP (131) and EAD (765) on March 1st. Two days ago I received an email stating, that the case was received on March 8th.

 

We planned our wedding which will take place in Germany on July 6th of 2019 in the beginning of last year, booked our venue, florists, dj, cake, photo-/videographer and sent out our invites in the beginning of this year.

 

Since it is a destination wedding we are expecting guests not just from America and Germany, but from all around the world. A lot of guests already booked their flights and also booked their hotels. 

 

Last night I checked, how long the processing times for the i131 are and I got stunned. The uscis website says it will take between 5-7 months. I have to be in Germany in 3 1/2 months. 

 

The wedding party costs approximately 30k and that just includes the costs me and my wife have. 

 

Would I be eligible for an expedited AP? 

Is this reason for an emergency, since I would take a severe financial damage of I can't make it to my own wedding? 

Should I just sit and wait and hope that my documents get to me on time? 

 

Thank you in advance everyone! 

 

 

[Roel 7,192]

This is not an emergency. Just.. eh, poor planning.

You can try apply for emergency AP, but I doubt you'll get it.

[Boiler 45,525]

I assume you mean celebration, you have to be married to file to adjust.

 

Agree that a party is not an emergency.

[Khallaf 650]

16 minutes ago, Mulugulu said:

Hi everybody, 

 

I have a problem and will try to explain my whole case in a few sentences, hoping someone will be able to help me: 

 

We applied for the 129f in March of 2018, I was admitted to the US on December 20th as a K1 Visa holder. 

My then fiancé and I got married on the 21st of February and applied for AOS (485) along with AP (131) and EAD (765) on March 1st. Two days ago I received an email stating, that the case was received on March 8th.

 

We planned our wedding which will take place in Germany on July 6th of 2019 in the beginning of last year, booked our venue, florists, dj, cake, photo-/videographer and sent out our invites in the beginning of this year.

 

Since it is a destination wedding we are expecting guests not just from America and Germany, but from all around the world. A lot of guests already booked their flights and also booked their hotels. 

 

Last night I checked, how long the processing times for the i131 are and I got stunned. The uscis website says it will take between 5-7 months. I have to be in Germany in 3 1/2 months. 

 

The wedding party costs approximately 30k and that just includes the costs me and my wife have. 

 

Would I be eligible for an expedited AP? 

Is this reason for an emergency, since I would take a severe financial damage of I can't make it to my own wedding? 

Should I just sit and wait and hope that my documents get to me on time? 

 

Thank you in advance everyone! 

 

 

good luck on that, you will likely lose your deposit on anything you paid and your guests will be going with no party to attend. If you do go, and your don't have to AP/EAD and your wife leaves she will need to stay there AOS will be abandoned and you will have to pay a whole other set of fees and wait 12-14 months to get her back to USA.

 

should never plan anything until you have done ALL the research.

[USS_Voyager 1,972]

Yeah, I have to agree, this is not an emergency. An example of an emergency would be like a significant loved one got diagnosed with a terminal disease and only has 1 month to live or something like that. A wedding is not an emergency. Weddings generally don't just happen just like that, they require planning. You can get married on a whim, but generally to pull together a wedding need lots and lots of planning.

 

You can always make a request. Just put in a request. 

 

Maybe a Skype wedding?

Edited March 13, 2019 by USS_Voyager

[Mulugulu 23]

2 minutes ago, USS_Voyager said:

Yeah, I have to agree, this is not an emergency. An example of an emergency would be like a significant loved one got diagnosed with a terminal disease and only has 1 month to live or something like that. A wedding is not an emergency. Weddings generally don't just happen just like that, they require planning. You can get married on a whim, but generally to pull together a wedding need lots and lots of planning.

 

You can always make a request. Just put in a request. 

 

Maybe a Skype wedding?

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:

• Severe financial loss to company or person;
• Emergency situations;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.); 
• USCIS error; or
• Compelling interest of USCIS.

 

This is the criteria to get the AP expedited. 

 

Also, when we were planning the wedding, the processing times were less than 3 months. Research done, circumstances changed. 

[Boiler 45,525]

2 minutes ago, Mulugulu said:

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:

• Severe financial loss to company or person;
• Emergency situations;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.); 
• USCIS error; or
• Compelling interest of USCIS.

 

This is the criteria to get the AP expedited. 

 

Also, when we were planning the wedding, the processing times were less than 3 months. Research done, circumstances changed. 

 

To have a wedding you would first need to get divorced

 

Your loss  is not attending a party. The money would be gone either way.

 

 

[Ben&Zian 4,398]

Poor planning. Never, ever, invest or plan anything until you have appropriate visa/documentation/travel permits. 

 

You can definately try to request emergency AP but, don't be shocked if they reject it.

[Boiler 45,525]

Wonder who pays to go to a party an amount that would constitute a severe financial loss?

[aaron2020 11,651]

18 minutes ago, Mulugulu said:

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:

• Severe financial loss to company or person;
• Emergency situations;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.); 
• USCIS error; or
• Compelling interest of USCIS.

 

This is the criteria to get the AP expedited. 

 

Also, when we were planning the wedding, the processing times were less than 3 months. Research done, circumstances changed. 

Under which category would you qualify for?

 

How would you avoid your financial loss if you were able to attend?  You would still be out the money.

 

Circumstances did not change.  The US Government explicitly say not to make any plans without the appropriate visas in hand.  You planned poorly.

 

If everyone who planned a party was eligible for an expedite, then everyone would do it to get the expeditate.  

 

Sorry.  

[Georgia16 2,858]

She also arrived in December but you waited 2 months to get married here and send in AOS when you knew time was not on your side to start with with the planned party. Germany?

i think you two need to sit down and see where your priorities are. Do you want the party in Germany or do you want to stay together? With the waiting times I don’t think you can get both. 

So either you wait and take the chance that she will get her AP. Or you have to start earning people of the changed plans that it can’t be done OR just go to Germany to attend the party which will abandon the AOS and waist all the K-1 and then you will have to apply for a spouse visa instead. 

1 minute ago, Six29 said:

Why are you and some others being a ####### to this poor guy? He just needs help and wants some sense of direction as to his options.

 

He clearly says he planned his wedding early last year, so the timelines with this damn shutdown have been affected and how was he supposed to know this was going to happen almost 1.5 years later?

 

Sheesh... Kindness goes a long way for everyone around here. 

What does the shutdown have to do with anything?? It did not effect his process at all. 

[Roel 7,192]

2 minutes ago, Six29 said:

Why are you and some others being a ####### to this poor guy? He just needs help and wants some sense of direction as to his options.

 

 

Lol no one here is an #######. OP did some poor planning and broke FIRST GOLDEN IMMIGRATION RULE - never plan anything until you have visa/green card/AP in hand. Not our fault that truth is harsh.

 

Also HMMM - Six29 account open 5 minutes ago. You're totally not OP's second account.

 

 

Edited March 13, 2019 by Roel

[Cryssiekins 976]

32 minutes ago, Mulugulu said:

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:

• Severe financial loss to company or person;
• Emergency situations;
• Humanitarian reasons;
• Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States;
• Department of Defense or National Interest Situation (Note: The request must come from an official U.S. Government entity and state that delay will be detrimental to the Government.); 
• USCIS error; or
• Compelling interest of USCIS.

 

This is the criteria to get the AP expedited. 

 

Also, when we were planning the wedding, the processing times were less than 3 months. Research done, circumstances changed. 

I get how being out $30k is a financial loss, but that money is spent whether you go or not.  That’s why everyone is saying you likely don’t qualify under those grounds.  

 

3 minutes ago, Six29 said:

Why are you and some others being a ####### to this poor guy? He just needs help and wants some sense of direction as to his options.

 

He clearly says he planned his wedding early last year, so the timelines with this damn shutdown have been affected and how was he supposed to know this was going to happen almost 1.5 years later?

 

Sheesh... Kindness goes a long way for everyone around here. 

I don’t think anyone is being rude here.  Your mistaking harsh truth with rude.  

 

It is never advised to plan anything until all ducks are in a row.  Planning their celebration should have occurred when ducks were in a row, even if it meant the party would be 1.5 years after the marriage vs a few months.

[USS_Voyager 1,972]

2 minutes ago, Six29 said:

He clearly says he planned his wedding early last year, so the timelines with this damn shutdown have been affected and how was he supposed to know this was going to happen almost 1.5 years later?

That is kind of the point, he doesn’t know. So the advice is always “do not plan anything or pay any money until you have that travel document in hand” whether it’s a visa or AP or green card. 

[aaron2020 11,651]

1 minute ago, Six29 said:

Why are you and some others being a ####### to this poor guy? He just needs help and wants some sense of direction as to his options.

 

He clearly says he planned his wedding early last year, so the timelines with this damn shutdown have been affected and how was he supposed to know this was going to happen almost 1.5 years later?

 

Sheesh... Kindness goes a long way for everyone around here. 

Shutdown has nothing to do with the slow pace of granting AP.

 

What option are you proposing?  How are you helping?  Don't shot the messengers when people are telling the OP that there is no hope for expedited AP when he chooses to ignore the US Government's advice.

 

How he he "suppose to know this was going to happen almost 1.5 years later?"  He should have known if he had followed the US Government's advice on not making plans without the proper travel papers.

 

Sheesh . . . easy to criticise the messengers.  Easy to criticise when you offer nothing but criticism for people delivering the cold hard truth.  How about you offer a solution?