Love some feedback

[Biscuit2020 2]

My husband is Nigerian and has been in the US for over 2 years. He has a 7 year old son in Nigeria and last year the child’s mother passed away and we have petitioned for him to come to the US. We recently tried expediting it but it was denied. The only thing we could think of is that we didn’t have the death certificate of his mother. My husband ‘s family in Nigeria are trying to get this but we don’t have it yet. Has anyone gone through anything similar. We’re hoping we don’t have to wait for the regular I 130 track.

[Boiler 45,445]

I doubt it, did they ask for the Death Certificate.

[Biscuit2020 2]

No they didn’t they just denied it with no explanation

[Mike E 11,739]

2 minutes ago, Biscuit2020 said:

No they didn’t they just denied it with no explanation

Who filed the child’s I-130? The U.S. citizen step parent, or the LPR biological father?

[Biscuit2020 2]

I did as the US stepmom

[Boiler 45,445]

I think you are just waiting.

[Biscuit2020 2]

So on the USCIS website it says processing time 7 months. You’re opinion is that we will likely have to wait those 7 months even if we can upload a death certificate?

[Boiler 45,445]

I would not pay too much attention to the times mentioned on the website, you have been through the process with your husband and essentially it is the same.

[Biscuit2020 2]

Yes, that’s true. It took 2 years for my husband to get here, I was hoping we could get our son here a bit faster because he is so young. I forget this process takes lots of patience 

[Dashinka 24,480]

What basis was used for the expedite request?

[Rocio0010 5,579]

Did your husband ever list this child when you were petitioning for him?

Was he ever married to the child’s mother?

[Biscuit2020 2]

Ye we listed him on my husbands petition 

and no he wasn’t married to the child’s mother

 

the expedite reasons I was financial and humanitarian hardship.

Edited April 17, 2023 by Biscuit2020

[Dashinka 24,480]

I assume you used the below as your basis for the expedite request.  If that was the case, then I would expect the death certificate of the mother would be required.  I would try again after you get a copy of it.

 

Good Luck!

 

• Emergencies and urgent humanitarian reasons;

In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Additionally, an expedite request may be considered under this criterion in instances where a vulnerable person’s safety may be compromised due to a breach of confidentiality if there is a delay in processing the benefit application. A benefit requestor’s desire to travel for vacation does not, in general, meet the definition of an emergency.

[Rocio0010 5,579]

36 minutes ago, Biscuit2020 said:

Ye we listed him on my husbands petition 

and no he wasn’t married to the child’s mother

Ok, great.

 

36 minutes ago, Biscuit2020 said:

the expedite reasons I was financial and humanitarian hardship.

And what evidence did you submit to prove the hardship?