Do we qualify for expedited application?

[Steve_new 0]

I am an American citizen married to a Korean citizen. We have two children who are dual citizens. 

 

Last fall, I completed a master's degree program in education from an American university. This university's masters program allows for students to obtain teaching certification after completing a teaching practicum course on-site at the university.  I completed the I-130 application last fall with the plan of enrolling in the course whenever my wife obtained her green card. The application is currently pending in the Nebraska field office, so that most likely means early 2021 according to the timelines on this site.

 

I just received word from the university that starting in 2021, the practicum course will go from one semester to a full year. Therefore, I need to enroll in the class this fall.  

 

Is there any way for my wife to move with me in the fall?  Since I won't be able to work full time while I'm enrolled in the class, we are planning on staying at my parents house during that time. We can't really afford for my wife to rent an apartment in Korea while I live in America, or for my wife to visit and fly back to Korea. Does that qualify as 'severe financial loss" to expedite the I-130 visa? Or, should we try to apply for the K3 visa? Do we have any other options?

 

 

[Boiler 45,727]

Nobody on here would decide what does or does not qualify, all you can do is try and have a Plan B.

 

K3 is effectively dead and anyway does not make that much difference.

[Dashinka 24,634]

Several folks have applied for the K3 by submitting the I129 in an effort to kick start an I130 especially for the Nebraska service center.  YMMV, as most of the stories of this tactic working seemed to evaporate late last year, but it doesn’t cost anything to try.  You could have tried a consular filing, but that does not seem to be an option now since you already have a pending I130 petition.  Your only other option appears to be to request an expedite with USCIS.

 

Good Luck!

 

 

B. When Department of State is Not Authorized to Accept and Adjudicate Form I-130

DOS may not exercise discretion to accept local filings in certain scenarios. USCIS does not authorize DOS to accept a local filing abroad when a petitioner based in the United States seeks to travel and file abroad in order to expedite processing. DOS acceptance of Form I-130s abroad is intended to assist petitioners living abroad who demonstrate exceptional circumstances as described above.

In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[6]

 

^{https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3}
 

 

 

https://www.uscis.gov/forms/forms-information/how-make-expedite-request

 

 

Edited February 9, 2020 by Bill & Katya