Expedite with Children who are USC

[SalishSea 18,236]

3 minutes ago, JPF said:

I had been traveling back and forth under a  tourist visa, and at that time we wasn't married, however on my last entry to the us they said I could no longer travel on B2 and need to apply I-130 because my ties to the us were too strong. After being detained by immigration for 3 hours at us boarder officers, they said this is the last time I'm allowed in without applying  for permanent residency, and could not change me status. I think they took sympathy because I had 2 small children and to send me back to the uk on my own would have looked bad I guess. At the this time we were just engaged and had planned our wedding for September 2019, but due the incident at the airport we just got married in nyc and filed the petition the next day. The reason we had been taking so long because my now husband was considering coming to the uk after the wedding but that's now not a option.

 

I started to look into a doctor in the US for my daughter because I had been advised by her NHS'  treatment over there for what she has is more advance. 

 

In september my son turns 3 and he has been awarded a pre school place under the free P-k for all.

 

My oldest is 2'and 9 months and my daughter one year; he would need to give up his job to bring them over to nyc and transition them, realistically that's not possible  

I get it now, and sorry for the situation.  None of it is reason for an expedite though.

[JPF 0]

2 minutes ago, Roel said:

Your kids are USC and they can go to the US whenever they want. You will not get an expedite because there is absolutely no reason for it. Stop trying to use your kids to play the system and wait your turn. 

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

[carmel34 3,664]

10 minutes ago, JPF said:

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

I have seen lots of expedites approved for different reasons here on VJ in the last year, they were able to show some kind of extreme hardship for the US citizen and lots of documentation to prove the case.  In this situation, your US citizen husband would have to show evidence that not having you there in the US with him would cause him unusual hardship, like he was suffering from an emergency medical condition and needed you to help take care of him.   One expedite request I recall a few months ago was approved based on a US citizen wife's hardship, who needed her husband in the US to help provide financially for their family.  In your case it's simply family reunification which is the normal reason for filing the petition for all of us going through this process so an expedite would likely not be approved, but there is no fee to try.  So gather some documents, make a strong case for why your US citizen husband needs the expedite, and submit it and see what happens.  Your US citizen husband would need to submit the expedite request to USCIS, as the petitioner, not you.  Good luck!

Edited June 19, 2019 by carmel34

[SalishSea 18,236]

1 hour ago, JPF said:

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

Most of the folks here know first hand how hard it is.

[Roel 7,193]

1 hour ago, JPF said:

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

Um. You realize you're not the only family on this planet separated because of the immigration right? 

[mcdull 474]

10 hours ago, JPF said:

Hi,

My husband is a USC and I'm British. We have 2 children that are both American citizens by default from their dad. They both hold American passports and social security numbers. 

 

My husband filed a petition for me in December 2018, and we have been given a 4 March priority date. I'm not allowed to travel to USA until it's complete and the children are with me in the UK... both 2 and under.

 

My daughter can't access her doctor in nyc for her her illness and my son is due to start school in September. Can we apply to have our petition expedited and what's the likelihood it will be approved?

 

 

 

no ground to expedite here. 

 

There are doctors in the UK and kids less than 2 years old do not start school.  

[arken 4,197]

5 hours ago, JPF said:

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

While your intent might be good but when you say an under 2 year old kid living in UK needs to see a doctor in NYC and another under 2 year old need to start school when school session begins at age 5, it’s kinda seems the other way around.

 

Trust me, majority of people here have felt the separation more than you do. 

[JFH 12,191]

5 hours ago, JPF said:

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

But your lifestyle choices or poor planning (whichever is the reason for having two children before you have the legal permission to live together either in the U.K. or the USA) is of no concern to USCIS. This is the path you chose. We all had to or have to spend time apart. I can assure you I do not love my husband any less than you love yours. 

 

Why were you using a B-2 to visit? Are you not eligible for the VWP?

[Going through 5,671]

5 hours ago, JPF said:

I'm just trying to understand our options while we wait.  

Option 1:  Husband and children travel to NYC...the almost-3-year-old gets enrolled in Pre-K (which is free and for all in NY, so long as the child is turning 3 during that semester year when enrolled, and completely potty trained).  The 1 year old can (hopefully) be cared for by your husband's family member while he works (so he won't have to leave his job, as you say, if the children are transitioned).  The older child can then also see a NYC-based doctor as you wished.

 

Option 2:  You try for an expedite and hope for the best (but realistically expect the worst).

 

Option 3:  Failing option #2, you continue to wait.

[dirtyhippiegirl 85]

31 minutes ago, arken said:

Trust me, majority of people here have felt the separation more than you do. 

Man, I had two psych ward admissions while waiting for my husband's K1 to go through and that's still a really crappy thing to say to someone.

[Nitas_man 3,100]

6 hours ago, JPF said:

I'm not trying to use our children to play the system,  I'm just trying to understand our options while we wait.  I wouldn't wish keeping a family apart on anybody, it's harder than you think!

We know exactly how hard the waiting is.  

 

Small but critical difference - your consequences are related to waiting to file, not waiting for petition to be processed.  You had a lot more travel flexibility than most of us did.  Even one trip is more than we got, much less so many trips that they finally told you to stop coming until you file.

 

Your question was asked and answered.  Good luck!

 

[Nitas_man 3,100]

29 minutes ago, dirtyhippiegirl said:

Man, I had two psych ward admissions while waiting for my husband's K1 to go through and that's still a really crappy thing to say to someone.

We are generally here to help people but the flexibility that they had was all used up before they filed and now they’re stuck with waiting.  Reality can seem like a brick wall sometimes.

 

[Nitas_man 3,100]

1 hour ago, arken said:

While your intent might be good but when you say an under 2 year old kid living in UK needs to see a doctor in NYC and another under 2 year old need to start school when school session begins at age 5, it’s kinda seems the other way around.

 

Trust me, majority of people here have felt the separation more than you do. 

Skipping K3 isn’t a life shattering event - LOL

Edited June 19, 2019 by Nitas_man

[JPF 0]

1 hour ago, JFH said:

But your lifestyle choices or poor planning (whichever is the reason for having two children before you have the legal permission to live together either in the U.K. or the USA) is of no concern to USCIS. This is the path you chose. We all had to or have to spend time apart. I can assure you I do not love my husband any less than you love yours. 

 

Why were you using a B-2 to visit? Are you not eligible for the VWP?

Thank you. 

 

This is not a case of comparing who loves their husband more, simply for me to find others in a similar  situation. The lawyer had advised I could expedite but I guess from the responses here it's not true.

 

 

1 hour ago, Going through said:

Option 1:  Husband and children travel to NYC...the almost-3-year-old gets enrolled in Pre-K (which is free and for all in NY, so long as the child is turning 3 during that semester year when enrolled, and completely potty trained).  The 1 year old can (hopefully) be cared for by your husband's family member while he works (so he won't have to leave his job, as you say, if the children are transitioned).  The older child can then also see a NYC-based doctor as you wished.

 

Option 2:  You try for an expedite and hope for the best (but realistically expect the worst).

 

Option 3:  Failing option #2, you continue to wait.

Thank you, will try at least and hope for the best 

[JPF 0]

1 hour ago, dirtyhippiegirl said:

Man, I had two psych ward admissions while waiting for my husband's K1 to go through and that's still a really crappy thing to say to someone.

I'm sorry to hear this, and I on the verge of loosing the plot here too...hoping we all don't need to wait much longer