Do I qualify to expedite my case?

[Joyude 0]

Hi guys, 

min new to this forum and immigration process in general, but I researched a lot on the topic of IR-1.

Hope I can get some clarification and help. 

Here is my situation.

Im a US citizen living abroad with my wife (Canadian) and a daughter (Canadian/American). I worked as a subcontractor  for 4 years for one company, in January I became an employee of it. Now this company is opening an office in States and wants to transfer me with 1-3(max)months notice. I understand that sponsorship for my wife through USCIS will take at least 12 months. 

 

Can i I apply through us consulate to expedite the case? Was anyone successful in that kind of scenario?   

There is no DCF available. 

 

Thank you in advance 

[mcdull 474]

nope.

[Joyude 0]

3 minutes ago, mcdull said:

nope.

Can you please specify why?

[Juliet57 304]

Work is not grounds for expedite, some say even pregnancy is not. I know medical reasons is a valid reason for expedite, I don't know anything else. 

 

Sadly lots of partners and families have to be apart for periods of time while waiting for their applications to be approved. That's how it is. 

 

[gregcrs2 1,778]

No, you cannot apply through the US Consulate.  You can only apply through USCIS.  

https://www.uscis.gov/forms/expedite-criteria

 

Edited May 8, 2019 by gregcrs2

[purem4g1c 113]

2 minutes ago, Juliet57 said:

Work is not grounds for expedite, some say even pregnancy is not. I know medical reasons is a valid reason for expedite, I don't know anything else. 

 

Sadly lots of partners and families have to be apart for periods of time while waiting for their applications to be approved. That's how it is. 

 

I believe US Military are also allowed to expedite.

[Boiler 45,581]

Well theoretically it may be possible but not within 1 to 3 months.

[Crazy Cat 41,920]

16 minutes ago, Joyude said:

Hi guys, 

min new to this forum and immigration process in general, but I researched a lot on the topic of IR-1.

Hope I can get some clarification and help. 

Here is my situation.

Im a US citizen living abroad with my wife (Canadian) and a daughter (Canadian/American). I worked as a subcontractor  for 4 years for one company, in January I became an employee of it. Now this company is opening an office in States and wants to transfer me with 1-3(max)months notice. I understand that sponsorship for my wife through USCIS will take at least 12 months. 

 

Can i I apply through us consulate to expedite the case? Was anyone successful in that kind of scenario?   

There is no DCF available. 

 

Thank you in advance 

You can try to expedite through USCIS for severe financial loss.......but don't expect it to be fast.

[Crazy Cat 41,920]

3 minutes ago, purem4g1c said:

I believe US Military are also allowed to expedite.

Not for merely being in the military, no.

[Joyude 0]

2 minutes ago, Boiler said:

Well theoretically it may be possible but not within 1 to 3 months.

Thank you for your replies. I emailed us consulate and here is their response:

You have reached the Immigrant Visa Unit at the U.S. Consulate General in Montreal. We process only U.S. Immigrant Visa applications that are pending at our office. According to our records we do not have a pending immigrant visa case for you at the U.S. Consulate General in Montreal.

 

I-130 petitions are usually filed in the USA with U.S. Citizenship and Immigration Services (USCIS). In a limited number of exceptional circumstances, USCIS may authorize the Department of State to adjudicate I-130 at a Consulate abroad only in certain emergency situations, including when:

•                     A U.S. service member stationed overseas becomes aware of a new deployment or transfer with very little notice.

•                     A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

•                     A petitioner or beneficiary is facing an imminent threat to personal safety.

•                     A beneficiary is within a few months of aging out of eligibility.

•                     The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.

•                     The petitioner adopted a child and there is an imminent need to leave the country.

•                     Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice (employment letter is required).

 

 

what do you guys think?

[Juliet57 304]

How long have you been married? If over 2 years, then your can apply for IR for your wife and from the little I've seen on this forum, the process is faster than if you were newly married, but the process would still take months. 

[George & Roth 1,485]

If you were thinking of an expedite due to being separated from your child that won’t work.

 

i also lived overseas 5 years with my fiancé (now wife) and our child was 2.5 years old. I also tried to expedite a few different ways but to no avail. 

Edited May 8, 2019 by George & Roth

[Joyude 0]

Just now, Juliet57 said:

How long have you been married? If over 2 years, then your can apply for IR for your wife and from the little I've seen on this forum, the process is faster than if you were newly married, but the process would still take months. 

Married for 5 years. 

[Joyude 0]

Just now, George & Roth said:

If you were thinking of an expedite due to being separated from your child that won’t work.

 

i also lived overseas 5 years with my wife and our child was 2.5 years old. I also tried to expedite a few different ways but to no avail. 

 seems it’s hard to get approval for expediting cases

[Boiler 45,581]

3 minutes ago, Joyude said:

Thank you for your replies. I emailed us consulate and here is their response:

You have reached the Immigrant Visa Unit at the U.S. Consulate General in Montreal. We process only U.S. Immigrant Visa applications that are pending at our office. According to our records we do not have a pending immigrant visa case for you at the U.S. Consulate General in Montreal.

 

I-130 petitions are usually filed in the USA with U.S. Citizenship and Immigration Services (USCIS). In a limited number of exceptional circumstances, USCIS may authorize the Department of State to adjudicate I-130 at a Consulate abroad only in certain emergency situations, including when:

•                     A U.S. service member stationed overseas becomes aware of a new deployment or transfer with very little notice.

•                     A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

•                     A petitioner or beneficiary is facing an imminent threat to personal safety.

•                     A beneficiary is within a few months of aging out of eligibility.

•                     The petitioner and family have traveled for the immigrant visa interview, but the petitioner has naturalized and the family member(s) require a new, stand-alone petition.

•                     The petitioner adopted a child and there is an imminent need to leave the country.

•                     Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who receives job relocation within the same company or subsidiary to the United States, or an offer of a new job in the United States with very little notice (employment letter is required).

 

 

what do you guys think?

The last one, but 1 to 3 months is unrealistic.