EXPEDITION (K1 applicant)

[Leeser 0]

Hi family, I'm quite new over here and I'd like to ask this:

My Fiance (petioner) and I (beneficiary) submitted our K1 visa application got the NOA1 and currently waiting for NOA2. However he recently had a stroke and its been one nightmare after the other (the stroke has really affected him and he needs so much support from his loved ones in his recovery process). He is currently in a rehabilitation centre and we realised whenever he is put on a video call with me it really cheers his mood up. I am far currently and not really able to help much. I would love to be present to fully support him as he recovers. My question is, do we qualify to request for expedition for our case? Even without getting NOA2? (We got NOA1 1st week of May) 

If yes...kindly how do we go about it?

[SteveInBostonI130 3,387]

Hello,

 

I am very sorry to hear about your fiance.  I hope he recovers soon. 

 

You can try to expedite by contacting USCIS.  There are 2 issues, however.  The petitioner needs to request the expedite.  Did your fiance list you or someone else as power of attorney?  Or, more simply, did you use an attorney to file the I-129F?

 

Second, it may be difficult to get approved because you are not an immediate relative.  As a wife you would have more control/relevance over his medical issues.  A fiance is not related and has no more powers or consideration than a friend.

 

Good luck.

[Chancy 6,240]

35 minutes ago, Leeser said:

how do we go about it?

 

Your fiance should call the USCIS hotline and request for an expedite based on humanitarian reasons.  Focus on the hardship to the USC petitioner, as USCIS won't care about the foreign beneficiary's circumstances.

 

Detailed instructions here -- https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

[Leeser 0]

20 minutes ago, Chancy said:

 

Your fiance should call the USCIS hotline and request for an expedite based on humanitarian reasons.  Focus on the hardship to the USC petitioner, as USCIS won't care about the foreign beneficiary's circumstances.

 

Detailed instructions here -- https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request

 

Thank You for the feedback, can someone else call? Like a brother who is currently making most decisions on his behalf?

[Leeser 0]

35 minutes ago, SteveInBostonI130 said:

Hello,

 

I am very sorry to hear about your fiance.  I hope he recovers soon. 

 

You can try to expedite by contacting USCIS.  There are 2 issues, however.  The petitioner needs to request the expedite.  Did your fiance list you or someone else as power of attorney?  Or, more simply, did you use an attorney to file the I-129F?

 

Second, it may be difficult to get approved because you are not an immediate relative.  As a wife you would have more control/relevance over his medical issues.  A fiance is not related and has no more powers or consideration than a friend.

 

Good luck.

Thank You Steve for the feedback....no we did not use an attorney to file...and he has not listed me as power of attorney...a brother is helping with most of the decisions at the moment I'm not sure if that means he has been listed as power of attorney...if yes can they contact USCIS?

[SteveInBostonI130 3,387]

2 hours ago, Leeser said:

Thank You Steve for the feedback....no we did not use an attorney to file...and he has not listed me as power of attorney...a brother is helping with most of the decisions at the moment I'm not sure if that means he has been listed as power of attorney...if yes can they contact USCIS?

 

USCIS will need to see the power of attorney letter.  The brother can also make the request on your fiance's behalf if your fiance speaks with USCIS first and gives them permission to discuss the case with his brother.

 

Also, there are different types of POA.  Medical, financial, real estate, etc.  I am not sure what specific type he needs - perhaps a general POE or one specifically tailored for the I-129F petition?

[Leeser 0]

2 hours ago, SteveInBostonI130 said:

 

USCIS will need to see the power of attorney letter.  The brother can also make the request on your fiance's behalf if your fiance speaks with USCIS first and gives them permission to discuss the case with his brother.

 

Also, there are different types of POA.  Medical, financial, real estate, etc.  I am not sure what specific type he needs - perhaps a general POE or one specifically tailored for the I-129F petition?

Okay very well noted let me find out more from his family side and see if there is some direction from what I have gathered here....one of the things I was also curious about is if one can only request for an expedition after receiving NOA2 .....or as long as you qualify you can request even with NOA 1

[JeanneAdil 6,405]

3 hours ago, SteveInBostonI130 said:

 

USCIS will need to see the power of attorney letter.  The brother can also make the request on your fiance's behalf if your fiance speaks with USCIS first and gives them permission to discuss the case with his brother.

 

Also, there are different types of POA.  Medical, financial, real estate, etc.  I am not sure what specific type he needs - perhaps a general POE or one specifically tailored for the I-129F petition?

This would depend on the stroke itself and if he needs to give a POA for just immigration and  / or all financial affairs 

and if the facility deems him capable to legally sign the POA

 

Not sure what you assume in being able to do more than speak online (at this time) to him as visitations in US hospitals and rehabs are limited still because of covid thteats/  in Texas (your state)  only 1 person a day is allowed in and most places say it has to be family 

so, if u were here,  u would be talking on cam still

and if his stay was an extensive one how would u marry within the 90 days

even if he is to come home,   would he be able to go to apply for the marriage license

 

right now the best u can do is talk to him every day and keep his spirits up and promise that u still love and need him

let the drs and rehab people get him well so u can be a family 

 

His brother may be able to get the case expedited  but when embassy knows the man had a stroke ,  it opens up a whole new can of worms (meaning another issue)

[Coco8 1,042]

4 hours ago, JeanneAdil said:

This would depend on the stroke itself 

 

I was going to point out something similar. If the stroke made him temporarily incapacitated or his cognitive function is temporarily diminished, then he (1) he would not be able to sign a power of attorney (2) he would not be able to get married right at this minute. She says he is at hospital.

 

I had a friend who had a severe stroke and she couldn't concentrate for more than 10 minutes; she is doing better but recovery has been taking over a year. I had family that had strokes and they were fine the following day. So it depends but if he is at hospital...

 

I don't think any lawyer would advice signing a power of attorney to someone from another country who he is not married to anyway. I know people here are being nice, but come on. It's terrible advice even if the fiance is the best person in the world and if I were the brother, I'd be suspicious of anyone asking for a power of attorney. I gave my dad power of attorney when I moved to the US and it was a bad decision LMAO 

 

 

 

 

Edited October 31, 2021 by Coco8