Expedite K1 Health Concerns

[tanman22 14]

Hi all, I wanted to know what your thoughts are on me applying for an expedite for my k1 visa due to my damaged lungs. I was born with cerebral palsy and my fiancée won’t let me visit on a plane because of it. I was thinking about requesting an expedite because I am higher risk during the pandemic and I wanted to know what your thoughts on if I would be successful or not?

[powerpuff 6,747]

Worth a shot. It costs nothing to ask  

[milimelo 4,544]

Except they’re not doing interviews for k-1 visas as they’re not mission critical. 

[powerpuff 6,747]

Just now, milimelo said:

Except they’re not doing interviews for k-1 visas as they’re not mission critical. 

Depends on the consulate. For example the consulate in Kazakhstan is doing emergency interviews for K1’s.

[milimelo 4,544]

36 minutes ago, powerpuff said:

Depends on the consulate. For example the consulate in Kazakhstan is doing emergency interviews for K1’s.

Canada is not. 

[powerpuff 6,747]

27 minutes ago, milimelo said:

Canada is not. 

Oh I see! Sorry, I assumed the OP has researched that before posting.

[SalishSea 18,096]

6 hours ago, tanman22 said:

Hi all, I wanted to know what your thoughts are on me applying for an expedite for my k1 visa due to my damaged lungs. I was born with cerebral palsy and my fiancée won’t let me visit on a plane because of it. I was thinking about requesting an expedite because I am higher risk during the pandemic and I wanted to know what your thoughts on if I would be successful or not?

I don't think that being unable to fly on a plane for the purpose of visiting merits an expedite. Are you the beneficiary or petitioner?  Why would they expedite that, when it is easily solved by the other fiance traveling for visits?

[tanman22 14]

31 minutes ago, Jorgedig said:

I don't think that being unable to fly on a plane for the purpose of visiting merits an expedite. Are you the beneficiary or petitioner?  Why would they expedite that, when it is easily solved by the other fiance traveling for visits?

I am the beneficiary and it’s not easily solved she can’t visit me because the Canadian border is closed to travellers. 

[Lemonslice 4,961]

While waiting for an answer in your expedite request, you can both start looking at health insurance options as there's usually a short period where you are not eligible to your fiancée's insurance, nor to coverage in most provinces. 

Best of luck.

[Lucky2Lucky 2,526]

15 hours ago, tanman22 said:

I am the beneficiary and it’s not easily solved she can’t visit me because the Canadian border is closed to travellers. 

Wait, if you are the beneficiary and can’t fly on a plane how does an expedite work?! What is the purpose and how will you get to the US? Are you saying you want an expedite because you can’t see each other during this “waiting” period? Everyone is separated from their significant other during immigration. Anyway these are the reasons for an expedite and I’m not sure where unable to fly on a plane falls in;

USCIS may consider an expedite request if it meets one or more of the following criteria:

• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to:
  1. File the benefit request or the expedite request in a reasonable time frame, or
  2. Respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); or
• Clear USCIS error.

[geowrian 22,338]

No harm in asking.

But I don't see a material difference between this case and any typical case. Due to the pandemic, there are many, many couples unable to visit for various reasons.

[Boiler 45,956]

You want an expedite because you can not fly to the US which begs the question how you intend to get here. Presumably by land so what is the issue?

[aaron2020 11,651]

Being unable to visit is not a reason to expedite since there are lots of beneficiaries who can not visit the US for lack of a tourist visa.  Lots of couples can not visit their fiancee because of travel restrictions during this pandemic.  

Also, you're from Canada so you can drive into the US.  Flying problem solved.  

 

Also, you stated that you are at higher risk during the pandemic due to your health.  How does expediting to go from Canada where you have government paid health care to the US where you will not have health insurance while our cases are raging vs Canada going to help?
 

 

Edited August 4, 2020 by aaron2020

[HRQX 4,145]

1 hour ago, Boiler said:

Presumably by land so what is the issue?

The US-Canada land border (and ferry service) restriction clearly states that tourism "does not fall within the definition of “essential travel”" https://www.federalregister.gov/documents/2020/03/24/2020-06217/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service

 

Land entry with K-1 visa in hand is a gray area and we have seen both success stories and horror stories: "The CBP Commissioner may determine that other forms of travel, such as travel in furtherance of economic stability or social order, constitute “essential travel” under this Notification. Further, the CBP Commissioner may, on an individualized basis and for humanitarian reasons or for other purposes in the national interest, permit the processing of travelers to the United States not engaged in “essential travel.”"

 

Success story:

Horror story (even calling ahead to the specific POE isn't reassuring):

 

Edited August 4, 2020 by HRQX

[HRQX 4,145]

1 hour ago, aaron2020 said:

Also, you're from Canada so you can drive into the US.  Flying problem solved.

Nope! Not as a tourist: https://www.federalregister.gov/documents/2020/03/24/2020-06217/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service

Edited August 4, 2020 by HRQX