I-130 Expedite for Financial Loss (yes, another one of those)

[hctiwsblade13 5]

Hey guys, first of all, completely acknowledge that this is a frequent topic, and I appreciate whatever advice you're able to offer.

I recently applied for an expedite for I-130 based on financial loss through my congressperson and was denied. I am the USC living in Australia with my Australian spouse beneficiary. I'm an actor, and I lost two lucrative jobs here due to COVID. My partner and I both are lucky in that we're receiving unemployment assistance, but that is shortly due to be reduced by the Government to below the national poverty line. The industry in the United States has not been shut down as drastically as it has here, so I have no prospects here but more in the US. (Less relevant, but my spouse is also an actor and started his career in the US on OPT and O-1s. He has an extremely high calibre American manager, so his prospects of work are better in the US as well.)

 

The response I received was the following: 'Please note that the separation of family members is a common circumstance for cases of this type which generally does not meet the USCIS expedite criteria.' ALSO, 'expedited processing requests based solely on loss of employment or future employment will not be granted.' Perfectly clear why my expedite, as presented, was not accepted.

They've invited me to resubmit, and I'm just curious if anyone has any advice on how to present this more substantively? My spouse and I cannot get jobs here, but we can in the US. Our unemployment benefits are soon to expire. We will soon be under severe financial duress. Our city currently has 5 more weeks of severe stage 4 lockdown with a curfew, so absolutely no job prospects any time soon.

[Unlockable 7,314]

Yeah, it is not surprising. Expedites are tough to call. We've seen them denied for legit emergencies and approved for what many would deem frivolous reasons.

 

Financial loss is always a judgement call. Your spouse may qualify for a good work position but there is no guarantee that he will get one soon. Especially with the job market the way it is now. 

 

Not only that but the US may be trending towards another lock down also. Since some schools have started reports are coming in of students and teachers contracting Covid. So the rush to get to the US for work may end up being be moot.

[Lemonslice 4,838]

Are you planning to return ASAP to work until they decide if the expedite is available?  You might even be able to send some funds to your spouse to temporarily help until the expedite is granted/case approved. Not ideal, but some income is better than no income.

[Stein 276]

5 hours ago, hctiwsblade13 said:

 I'm an actor, and I lost two lucrative jobs here due to COVID. My partner and I both are lucky in that we're receiving unemployment assistance, but that is shortly due to be reduced by the Government to below the national poverty line. The industry in the United States has not been shut down as drastically as it has here, so I have no prospects here but more in the US.

Why don't you go to they US to work?  Many people are separated from spouses during the application time so that they can support the family financially.  At least you can still work this way.

[aaron2020 11,651]

You're not going to get an expedite for the reasons already stated.  Separation is common, so you may have to go home first.  

[hctiwsblade13 5]

39 minutes ago, Stein said:

Why don't you go to they US to work?  Many people are separated from spouses during the application time so that they can support the family financially.  At least you can still work this way.

But then my spouse will still be unable to work (when he also has better prospects in the US in his industry). I also cannot guarantee that I will immediately find a job and I don't have family to stay with, so I will incur immense financial hardship trying to support him.

 

Also, Australia has enacted a strict ban on people leaving the country. You have to have specific grounds for an exemption. It will be very bureaucratically cumbersome for us to leave the country separately.

Edited August 11, 2020 by hctiwsblade13
Adding information.

[Mollie09 1,543]

The burden has to be on the US citizen, not the immigrant. Considering you could come back to the US to work, the expedite is unlikely to be successful.