Expedite request

[Meli022 39]

Hey everyone. I am a USC living abroad with my husband. We just got our I-130 approved but still waiting on the welcome packet/everything from NCV. My old job recently contacted me asking me if I'd be interested in coming back to the states for work. I want to get back to work but don't want to leave my husband obviously. Would this be grounds for an expedite? Technically financial loss? Grateful for any advice or answers! Thanks!!

[powerpuff 6,697]

I’d say no. Practically all couples going through this process are living in different countries so it’s nothing special that you’re going back to work in the states. It’s free to try though but the chances are slim (in my opinion).

Edited May 9, 2021 by powerpuff

[Meli022 39]

3 minutes ago, powerpuff said:

I’d say no. Practically all couples going through this process are living in different countries so it’s nothing special that you’re going back to work in the states. It’s free to try though but the chances are slim (in my opinion).

Yeah I figured and you make an excellent point lol thanks for your response! 

[JeanneAdil 6,491]

these are the reasons USCIS states 

 

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.

 

 

More important you need to have US residency and US income established

and you need to have filed IRS taxes for the foreign income using the form 2555 to elude the foreign income if there is a tax treaty in that country with the US (amounts of exculsion vary year to year for 2020 it is $107,600

 

 

[Nitas_man 3,100]

It is uncommon for a beneficiary to be expedited for a pending transfer or job offer however financial loss to the USC is a listed reason.

USCIS is done with your case, file the request through the DOS website

5 minutes ago, Meli022 said:

Yeah I figured and you make an excellent point lol thanks for your response! 

I’m giving this a high maybe.  Ask your company for something in writing.

[Nitas_man 3,100]

5 minutes ago, JeanneAdil said:

these are the reasons USCIS states 

 

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.

 

 

More important you need to have US residency and US income established

and you need to have filed IRS taxes for the foreign income using the form 2555 to elude the foreign income if there is a tax treaty in that country with the US (amounts of exculsion vary year to year for 2020 it is $107,600

 

 

USCIS and state department expedite are two different beasts JA.

The State Department is very easy to work with when you are a USC trying to get your family home.

[Boiler 45,467]

Would be a basis for DCF.

[Meli022 39]

28 minutes ago, Boiler said:

Would be a basis for DCF.

Sorry what does that stand for? As I'm researching I'm seeing to pay/submit all documents through NCV and then submit for the expidite with proper documentation. That way if it does it approved there aren't "conditions" and can go straight to the embassy. Does that sound right? 

[Boiler 45,467]

Direct Consulate Filing. VJ has a forum for DCF.

 

Now whether it is worthwhile switching when you are so far into the process is difficult to tell.

[Nitas_man 3,100]

1 hour ago, Boiler said:

Direct Consulate Filing. VJ has a forum for DCF.

 

Now whether it is worthwhile switching when you are so far into the process is difficult to tell.

Impossible to switch (but) the criteria still applies

If they are convinced that the USC is impacted they usually get the case through quickly

 

 

1 hour ago, Meli022 said:

Sorry what does that stand for? As I'm researching I'm seeing to pay/submit all documents through NCV and then submit for the expidite with proper documentation. That way if it does it approved there aren't "conditions" and can go straight to the embassy. Does that sound right? 

Correct

 

 

Edited May 9, 2021 by Nitas_man

[HKS 169]

Wish u luck. But its not easy. Took me 4 tries and one year. it was urgent humanitarian reasons. 
 

 

[HKS 169]

6 hours ago, Nitas_man said:

 

If they are convinced that the USC is impacted they usually get the case through quickly

 

Im not so sure. My experience is the exact opposite. 

[Nitas_man 3,100]

33 minutes ago, HKS said:

Im not so sure. My experience is the exact opposite. 

Im thinking you had the bonus problem of being processed through GCC?  Manama or UAE?

Saw your confusion up there.  USCIS has approved OP’s petition, it’s with NVC.  State Dept finishes from there.

Edited May 10, 2021 by Nitas_man

[HKS 169]

1 hour ago, Nitas_man said:

Im thinking you had the bonus problem of being processed through GCC?  Manama or UAE?

Saw your confusion up there.  USCIS has approved OP’s petition, it’s with NVC.  State Dept finishes from there.

Nope. I was already past uscis. Expedited from nvc to Embassy. That is what took a year and 4 tries. 
 

Doesnt matter. Just saying it isnt always so easy. I think there are a lot of prejudices. Maybe they will get expedited easier than us. Inshallah. 

Edited May 10, 2021 by HKS

[Morty 20]

At the end of the day it doesn't hurt to try.

Some people think it takes you out of the queue until they decide, but I don't know if there's any truth to that.

Keep in mind everyone is trying to expedite due to the pandemic, mostly with invalid reasons.
I wouldn't think your situation would result in financial loss, it would be your choice not to work.

Just an outside opinion