Are my reasons good enough? What kind of evidence should I include? NVC Expedite Request

[damienmh 7]

Thank you! Fingers crossed that this will at least help. It can't do any harm, at least.

[NancyNguyen 1,658]

You said your case is at NVC now, I don't see emailing Rio Consulate will help anything.

[Letspaintcookies 2,310]

5 hours ago, NancyNguyen said:

You said your case is at NVC now, I don't see emailing Rio Consulate will help anything.

That's because the embassy makes the call and if they approve the expedite they'll request the file for processing.

[Lucky2Lucky 2,526]

His mental illness may make him inadmissible to immigrate. You need to think long and hard if this is a reason you feel your case should be expedited. Everyone wants their SO here ASAP but not everyone’s case meets the expedited guidelines.

8 hours ago, damienmh said:

Thank you! Fingers crossed that this will at least help. It can't do any harm, at least.

His mental illness may make him inadmissible to immigrate. You need to think long and hard if this is a reason you feel your case should be expedited. Everyone wants their SO here ASAP but not everyone’s case meets the expedited guidelines.

[Adventine 3,203]

OP, while you work on the expedite request, work on a short-term solution to get your fiancé out of the bad situation he's in right now. Help him find a better, safer place to live in Brazil while waiting for the K1 visa.

[Timona 4,208]

12 hours ago, damienmh said:

Our K-1 visa petition is stuck at the NVC due to the Rio de Janeiro Embassy only processing emergency cases due to the pandemic. So we are trying to have our K-1 visa process expedited by submitting an NVC Expedite Request by e-mail on grounds of extreme hardship. We've included emotional hardship, discrimination and physical safety as our extreme hardship factors. My fiancé suffers from severe depression and anxiety and the delays have been taking an emotional toll on him. We haven't seen each other in person in 3 years now and we've been dating for 5 years. My fiancé in Brazil suffers discrimination from his homophobic family on a daily basis and abuse in his family's household, from which he can't leave because of the financial crisis worsened by the pandemic. His family has also made it hard for me to stay in touch with him because they disapprove of our relationship for homophobic reasons. My fiancé also lives in an area with a very high crime rate, and I am constantly concerned for his safety and well being. My fiancé is not safe and I would like to have him with me urgently.

 

I was wondering if these are reasons good enough for the NVC to expedite our visa. I was also hoping to get some ideas on what kind of evidence we can provide to support our claims of extreme hardship. Some ideas that came to mind were including a statement from my fiancé's doctor stating that he suffers from depression. We don't know what we could include to prove that my fiancé suffers discrimination in his household. We also don't know what kind of evidence we could include to prove that Rio de Janeiro, RJ in Brazil is unsafe to live in.

 

You've not seen each other in 3 years? 

When did you file your K-1? 3 years ago? I ask because of the K-1 requirements

[Boiler 45,948]

I-129F Sent :

2020-02-12

[Bug&Bug 147]

This is surely heartbreaking and I wish you the best of luck. And please help him get out of that horrible situation he is in, if you can. I hope you can help him move, and I hope you can find a way of visiting him.

 

(I would be concerned about citing medical issues....)

 

 

 

[carmel34 3,650]

OP it is hard to be apart for so long, I can't imagine three years of not seeing each other.  I am familiar with the situation in Brazil as my husband immigrated to the US from there in 2019.  I visited him 8 times and have spent lots of time in Rio.  The COVID situation there is very serious, and getting worse, so the US consulate in Rio is only processing emergency cases and a few others.  It could be a very long time until this improves.  Your description sounds like it will be difficult to get an expedite approved, but it's worth a try.  A doctor's letter could help, but as others have said, successful expedites are usually based on extreme hardship for the US-based petitioner.  Emotional distress for you would be hard to prove and is normal for long distance relationships, so it is not unique or an "emergency."  My recommendation is, if you have the financial means, would be to get him out of his current living situation so that he can live somewhere else in Rio away from his homophobic family.  The $ to reais exchange rate is very good right now, he could find a small studio apartment in Rio for $200 or $300 US per month.  So if you're qualified to sponsor him to immigrate, you likely have the ability to support him with $500 or so a month for basic housing and food while waiting for K-1 interviews to start up again in Rio.  Of course, it's your call, but that's what I would do, for his safety and your own peace of mind.  Good luck!

Edited January 30, 2021 by carmel34

[DeParaquedasBrasi 228]

21 hours ago, damienmh said:

Thank you! Fingers crossed that this will at least help. It can't do any harm, at least.

Let me explain since I have already been down this road with my wife currently stuck in Brazil. Emailing the consulate WONT do you any good. Our case got stuck at NVC the very same day everything closed last year. I emailed the consulate begging them to interview my wife since she is legally entitled to come. The consulate sent a blunt email saying any and all expedite request should be sent to NVC and NOT them. 
2. Mentions of how it’s hard on your fiancé won’t do you any good. They won’t to see YOUR hardship because you’re the American, not him. I have sent 3 requests with doctors notes specifically saying about my health and they all have been denied “tô be fair to those who are already in line waiting”. 
Im sorry to say it but Rio currently isn’t not doing anything. If you look at their log of interviews for the past year, they haven’t done a single K1 interview (if they have I overlooked it). 
if you do decide to ask for a request, it has to be about YOU and your emergencies. Also don’t send a second request with the same exact reason. If you do the NVC won’t even forward it to the consulate for analyzing since they have already denied that reason before. Good luck. 

[Crazy Cat 42,097]

2 minutes ago, DeParaquedasBrasi said:

If you look at their log of interviews for the past year

Where would I find this log of interviews?

[DeParaquedasBrasi 228]

3 minutes ago, Lucky Cat said:

Where would I find this log of interviews?

 

3 minutes ago, Lucky Cat said:

Where would I find this log of interviews?

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html
 

Each month has two logs, one the shows each outpost visa issuances, and the other logs shows visa issuances per country as a whole. Most people don’t know about this but it’s amazing. 

[J+J 49]

Seeing some information here that does not match up with my expedite experience so I will chime in.   Keep in mind this probably varies from embassy to embassy.

 

My case was also at NVC for 10 months, and we finally decided to request an expedite at the Bangkok embassy. We were told by the embassy that because the case was at NVC, we had to file an expedite with NVC.  We did so, and one week later NVC replied with a copy/paste saying that the embassy is not accepting K-1 cases at the moment.  So in our case neither the embassy nor NVC was willing to consider expedite - at first.  I pushed on NVC again with another email requesting case review for hardship (medical in our case) and this time they replied that they would review the case, but also said that even if NVC approves the expedite, the embassy then has to accept the case.  

 

So end of the day for me, BOTH NVC and embassy had to accept our expedite justification, but we had to start with NVC.  The whole process took one month by  the way, and our case did eventually ship from NVC, but I do not know if it was due to the expedite being approved or K-1's finally starting to get processed.  

[Boiler 45,948]

12 minutes ago, DeParaquedasBrasi said:

Let me explain since I have already been down this road with my wife currently stuck in Brazil. Emailing the consulate WONT do you any good. Our case got stuck at NVC the very same day everything closed last year. I emailed the consulate begging them to interview my wife since she is legally entitled to come. The consulate sent a blunt email saying any and all expedite request should be sent to NVC and NOT them. 
2. Mentions of how it’s hard on your fiancé won’t do you any good. They won’t to see YOUR hardship because you’re the American, not him. I have sent 3 requests with doctors notes specifically saying about my health and they all have been denied “tô be fair to those who are already in line waiting”. 
Im sorry to say it but Rio currently isn’t not doing anything. If you look at their log of interviews for the past year, they haven’t done a single K1 interview (if they have I overlooked it). 
if you do decide to ask for a request, it has to be about YOU and your emergencies. Also don’t send a second request with the same This exact reason. If you do the NVC won’t even forward it to the consulate for analyzing since they have already denied that reason before. Good luck. 

K1s are expedited differently, I think most people on here think the OP needs to look at other solutions.

[Crazy Cat 42,097]

6 minutes ago, DeParaquedasBrasi said:

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html
 

Each month has two logs, one the shows each outpost visa issuances, and the other logs shows visa issuances per country as a whole. Most people don’t know about this but it’s amazing. 

Oh...OK.  Visas issued.....not interviews conducted.......thanks.