Successful Expedited Processing

[Erin86 39]

On 4/24/2019 at 5:16 PM, username_taken said:

Can you please explain in more detail what is going on or what you are trying to do? It seems like you are saying you are currently from and in a 3rd country- lets say France. Your fiance is a USC and is temp living/working in Canada and you are going to go to the interview in France, get the K visa and then travel to Canada. Then from Canada enter the US with your K visa and apply for an expedite for the AP to be able to go back to Canada to live with your spouse while hes working there. Is that correct? Putting aside the domicile and income stuff- the expedite criteria is non negotiable and strictly abided by to the letter. There is no wiggle room, You either meet the criteria that is listed or you do not. Being 'apart' from your spouse is not considered a hardship. Perhaps you can try to claim financial reasons of not being able to support 2 households but the K visa and subsequent AOS is for you to be able to live in the US with your spouse- so its hard to argue you need AP travel privileges to be able to travel to another country to be with your spouse and live in a household there- does that make sense? How temp is the work in Canada? Can you just delay the interview and visa issuance until its over and travel to Canada on your current passport until then? 

We have been apart for many months already... As we intend to live in the US eventually, there is no point in stopping the K1 process now.

We have spoken to USCIS at an infopass appointment and explained the case. The officer/clerk there said it is possible, just apply and see if it gets approved due to special circumstances. My post here was just to know if anyone has gotten approval of expediting.

On 4/24/2019 at 5:51 PM, Paul & Mary said:

The K1 process is not designed to give you the results you are asking for.   BF applies in US, you live in France, both of you move to Canada and he works in Canada beofre and after you are married.  

 

You "generally" need to have the legal residency to live in a country to have the K1 interview there.

 

No one wants to be apart during the process.  But your fiance will need legal domicile in the US prior to your interview.

Thank you but my question was not about the K1 process. I understand it well and am in my country at the moment awaiting my interview. 

[Villanelle 4,122]

8 hours ago, Erin86 said:

We have been apart for many months already... As we intend to live in the US eventually, there is no point in stopping the K1 process now.

We have spoken to USCIS at an infopass appointment and explained the case. The officer/clerk there said it is possible, just apply and see if it gets approved due to special circumstances. My post here was just to know if anyone has gotten approval of expediting.

Thank you but my question was not about the K1 process. I understand it well and am in my country at the moment awaiting my interview. 

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.

 

The above is the expedite criteria. Please note even though many people get an EAD/AP combo card, they are technically two different things and you would have to either ask/get just the AP expedited or the EAD expedited. (or ask for both separately and each would need to meet the criteria). Basically expediting AP will only get you the AP part issued and you would still have to wait for the EAD part or vice versa- they dont expedite the combo card when you expedite the 131 or 765...

 

Under which criteria above are you going to attempt to expedite the AP? The forum can help you word it the best it can be worded depending on how you are going to try to apply. As you can see there is no 'other' or special circumstances category. 

[Erin86 39]

1 hour ago, username_taken said:

The above is the expedite criteria. Please note even though many people get an EAD/AP combo card, they are technically two different things and you would have to either ask/get just the AP expedited or the EAD expedited. (or ask for both separately and each would need to meet the criteria). Basically expediting AP will only get you the AP part issued and you would still have to wait for the EAD part or vice versa- they dont expedite the combo card when you expedite the 131 or 765...

 

Under which criteria above are you going to attempt to expedite the AP? The forum can help you word it the best it can be worded depending on how you are going to try to apply. As you can see there is no 'other' or special circumstances category. 

I would only need the AP expedited. As I said, I am planning on applying because I have spoken to USCIS about it and was not told "no way, don't even bother". I'm not sure if I have to pick a criteria when applying, I will just explain the case... how soon can I apply for it? As soon as I enter with the K1?

[Naes 12,205]

1 hour ago, Erin86 said:

I would only need the AP expedited. As I said, I am planning on applying because I have spoken to USCIS about it and was not told "no way, don't even bother". I'm not sure if I have to pick a criteria when applying, I will just explain the case... how soon can I apply for it? As soon as I enter with the K1?

you need to enter with k1, get married apply for AOS and together you can then apply for AP/EAD.  You will probably need some sponsor for this... actually I have no clue how they will even react to the main sponsor being outside of the states.. However, back to AP, once you resolve this problem etc get no rfe, you can apply for AP cause they usually don't work on it unless your AOS papers look ok. 

 

then you can call and ask for AP.

they will then ask for evidence, normally ap expedite is for medical emergencies, so I have no clue what your evidence/proof would be. because saying your husband is out of the country, would also show his work dates, would create conflict.... because he should prove domicile for k1 and aos... 

 

In the meantime, I wouldn't take anything USCIS says seriously... but genuinely I wish you good luck, and best advice to give is prepare for a plan b. I'm not trying to be negative, just realistic. 

Edited April 26, 2019 by Naes

[Boiler 46,277]

The OP asked if she can ask for an Expedite and of course the answer is yes, anybody can.

[Erin86 39]

11 hours ago, Naes said:

you need to enter with k1, get married apply for AOS and together you can then apply for AP/EAD.  You will probably need some sponsor for this... actually I have no clue how they will even react to the main sponsor being outside of the states.. However, back to AP, once you resolve this problem etc get no rfe, you can apply for AP cause they usually don't work on it unless your AOS papers look ok. 

 

then you can call and ask for AP.

they will then ask for evidence, normally ap expedite is for medical emergencies, so I have no clue what your evidence/proof would be. because saying your husband is out of the country, would also show his work dates, would create conflict.... because he should prove domicile for k1 and aos... 

 

In the meantime, I wouldn't take anything USCIS says seriously... but genuinely I wish you good luck, and best advice to give is prepare for a plan b. I'm not trying to be negative, just realistic. 

 

10 hours ago, Boiler said:

The OP asked if she can ask for an Expedite and of course the answer is yes, anybody can.

Again, all I wanted to know was if someone here requested to expedite and was approved...

USCIS will have no problem with my fiance being outside of the US. He is a US government employee and he's out of the US due to work.

Thank you, plan B is just to wait the longer period if not approved...

[Villanelle 4,122]

Many people ask for expedites and are approved and many people ask and are denied.

 

In order to be approved you need to meet one of the criteria listed. As Boiler said, anyone can ask for an expedite for any reason. Asking does not mean you will be approved but it is your right to ask. People have been denied for emergency AP (thats what expediting is called). They do not actually expedite the AP document like they would expedite the EAD. For the EAD expedite you get the same EAD card just sooner. For AP expedite you dont get your travel document sooner but rather they create an emergency travel document for you. 

 

In order to get them to issue you a travel document sooner (an emergency AP document) you have to have a current 131 in process and ask for it to be expedited. So after you file for AOS and get your NOAs for it- you can ask for an expedite/emergency AP.

 

Some people have asked for emergency AP due to a family members death overseas and have been DENIED. Some people have asked for it to be able to go back overseas to complete a final exam at a university and have been both denied and approved. One person posted about wanting emergency AP to go to a wedding overseas and was approved. USCIS has discretion in the matter. Some people post why they want emergency AP and everyone tells them theres no way and they get it. Other people post situations that seemingly qualify like a death of a parent and are denied. 

 

Your best shot at getting the expedite granted is to meet the criteria listed and present a valid and well put together packet showing how you qualify for the expedite. You can search the forum for emergency AP experiences as that is what is called. 

[Villanelle 4,122]

Forgot to add you should look into 319b if he is gov employee working outside the US. Perhaps the CR route is better for you guys? How long will he be working there? 1yr or more? You may be able to do CR visa, enter the US, go to Canada and do 319b naturalization right away. 

[Erin86 39]

18 hours ago, username_taken said:

Forgot to add you should look into 319b if he is gov employee working outside the US. Perhaps the CR route is better for you guys? How long will he be working there? 1yr or more? You may be able to do CR visa, enter the US, go to Canada and do 319b naturalization right away. 

I need to be a resident for that process I believe... I know there are other things I can expedite in the future but I'm not worried about that right now:)