Trying to request I-130 is expedited from outside the US (Merged)

[Redro 4,611]

1 hour ago, Stephie C said:

Thanks for your comments.
The proposed plan presented to the courts was based on accurate information at the time from the USCIS based on our applications. In March the USCIS increased the estimated processing time considerably for our applications. This is why the court timeframe can no longer be met. 
 

Getting anything passed through the family courts in England takes years. Returning to court would not be in the best interest of the child. 
 

Details of private proceedings pertaining to a child won’t be shared on an open forum. 

When did you file the I-130s? 
Ignore USCIS processing times and expect visas to be in hand 18-24 months after you filed. 
You also might not be successful because processing times aren’t stable (as you’ve seen) and the processing times might DECREASE while your expedite is awaiting adjudication leading to a denial… 

[jan22 3,049]

I don't understand why you think an expedite is needed or might be approved, if I understood one of your posts.  If the court order says that your daughter can leave with you anytime after a certain date -- and doesn't have a date after which she can no longer move -- the only problem from a US immigration standpoint would be if the process was completed too soon.  Did I misunderstand?

 

And, it certainly wouldn't be a reason to expedite the whole family.  You, the US citizen parent, could travel with her to the US before the rest of the family if hers was exedited, while the rest of the family waited for theirs. Asking for an expedite of the entire family would look like an excuse for jumping the queue, IMO.

[W199 333]

9 hours ago, Stephie C said:

Thanks for your comments.
The proposed plan presented to the courts was based on accurate information at the time from the USCIS based on our applications. In March the USCIS increased the estimated processing time considerably for our applications. This is why the court timeframe can no longer be met. 
 

Getting anything passed through the family courts in England takes years. Returning to court would not be in the best interest of the child. 
 

Details of private proceedings pertaining to a child won’t be shared on an open forum. 

It doesn't matter, that is no where even close to an acceptable reason. USCIS lists the various eligible categories for an expedite,. I think the closest for you would be for humanitarian reasons  You would need to provide solid and convincing proof that she is in imminent and serious life threatening danger to jump the line. Probably you'd need multiple police reports, medical reports, affidavits, etc.. that would prove she is in grave danger. I think that would be your only hope. Many people have tried this based on various dangers in their country and get denied as uscis is very good about filtering out what is really a very real danger vs suffering.  So it had better be proof beyond a doubt that she is literally in grave danger and not just something that you are afraid or are speculating on. Given all that the court did was give you permission to take her out and did not order any protective or restraining orders for her against the father, it doesn't seem like you would be able to cross this threshold of proof., 

 

 

 

 

 

 

 

Edited May 6, 2023 by W199

[W199 333]

7 hours ago, ROK2USA said:

When did you file the I-130s? 
Ignore USCIS processing times and expect visas to be in hand 18-24 months after you filed. 
You also might not be successful because processing times aren’t stable (as you’ve seen) and the processing times might DECREASE while your expedite is awaiting adjudication leading to a denial… 

Thats an interesting point. If she provides proof that she will not have custody and permission to take her daughter out of the country after a particular date, then that could backfire and cause her I-130 to be denied due to not having custody and permission to take her out.  But this is only a WILD guess, You would need to consult a competent and highly experienced immigration lawyer, which most are not.

Edited May 6, 2023 by W199

[Lemonslice 4,831]

On 5/5/2023 at 5:55 AM, Stephie C said:

Hi, I have made I-130 applications for my husband and children, all still pending. I had to get permission from the family court in the UK to remove my eldest daughter from the jurisdiction. We were granted permission, based on our proposed plan, including timeframe. The applications are taking longer than anticipated to process and I am now concerned that we will not be able to meet our proposed timeframe. One possible outcome if this were to happen is that the child’s father takes us back to court to revoke the original order. Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications? Thank for the help. 

Could you please fill your timeline?

Going back to your other thread, it seems you just sent the i-130 in March 2023?  When was the matter resolved in family court/how long do you have to leave?

Edited May 6, 2023 by Lemonslice

[Boiler 45,451]

2 minutes ago, Lemonslice said:

Could you please fill your timeline?

Going back to your other thread, it seems you just sent the i-130 in March 2023?  When was the matter resolved in family court/how long do you have to leave?

The court order was granted in January.

[W199 333]

15 hours ago, Stephie C said:

if these factors change the father could potentially take us back to court and in the UK that could take about 2 years to sort out. Thank for your help 

You said you have a court order that allows you to take your daughter out after a particular date. Now you say that that the courts are so slow that it will take 2 years to resolve any complaint that the father might have if you have a delay. Since the I-130 is unlikely to be more than 2 years later than your estimate, it seems there is no issue. The I-130 will be completed before the father can get the order revoked. A judge is not going to simply revoke an order that the court made if you have a delay due to USCIS.  

 

In addition,  any competent lawyer or agreement would specify a maximum date, or at least have contingencies to allow for USCIS delays or other dependencies. Or it will also have provisions for what will make the agreement invalid and revokable, and other rules for each party.  

 

This just doesn't seem to make sense to me, not to mention that you want to use this as an excuse to expedite all your other I-130's.  Seems that you are just looking to justify an excuse to jump the line, which is what nearly everyone else does, and uscis sees this from a mile away and they all get denied instantly.  I do not blame you, we all do this, and all try to find ways to expedite while justifying it in our brains. But despite all our creativity and pleading with USCIS, it doesn't work except for extreme grave cases or specifically allowed cases (see USCIS guidelines) like aging out.

 

[pushbrk 12,870]

15 hours ago, Stephie C said:

Sorry I don’t understand what you mean. I’ve met all of the legal requirements to relocate her from England to the US permanently and this is reflected in the court order, which was uploaded with her I130 application. 

But you have not previously used any language that says that.  Maybe your court order IS sufficient, but the language YOU used is not.

[pushbrk 12,870]

On 5/5/2023 at 5:55 PM, Stephie C said:

Hi, I have made I-130 applications for my husband and children, all still pending. I had to get permission from the family court in the UK to remove my eldest daughter from the jurisdiction. We were granted permission, based on our proposed plan, including timeframe. The applications are taking longer than anticipated to process and I am now concerned that we will not be able to meet our proposed timeframe. One possible outcome if this were to happen is that the child’s father takes us back to court to revoke the original order. Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications? Thank for the help. 

Quoting the original post, which is vague about the nature of the "time frame".  It makes it sound like the permission expires rather than having a start date.  Please clarify.

[Boiler 45,451]

I think the issue is that an extended time line could allow the father to appeal the Court decision 

[W199 333]

11 minutes ago, Boiler said:

I think the issue is that an extended time line could allow the father to appeal the Court decision 

And then she said an appeal would take 2 years to sort out. The clock to start the appeal would not even start until a significant delay after the under estimated timeframe. The I-130 would long since approved before any appeal got finalized so this is all a moot point, especially since the expedite won't be granted based on this wild and totally unproven speculation that the court order could be revoked before the I-130 is approved

Edited May 6, 2023 by W199

[pushbrk 12,870]

8 minutes ago, W199 said:

And then she said an appeal would take 2 years to sort out. The clock to start the appeal would not even start until a significant delay after the under estimated timeframe. The I-130 would long since approved before any appeal got finalized so this is all a moot point, especially since the expedite won't be granted based on this wild and totally unproven speculation that the court order could be revoked before the I-130 is approved

It would be the court order revoked before the visa is issued AND the child leaves the country.  That's IF we have the proper understanding of the court order.  It seems we don't, as the OP has been vague about it.

 

[Lemonslice 4,831]

OP has been very vague, but with the previous thread info, it seems that the child need to finish the current school year in their school, and that she's worried that the visa being issued after the start of the next year (in August/September), might motivate the father to keep things as is for another school year. 

 

I think OP has to realize that people can request expedites, but they can also voluntarily delay at NVC/interview if they want the visa validity period to coincide with the summer months/in-between school years.  Maybe feasible for summer 2024.

Edited May 6, 2023 by Lemonslice

[pushbrk 12,870]

2 hours ago, Lemonslice said:

OP has been very vague, but with the previous thread info, it seems that the child need to finish the current school year in their school, and that she's worried that the visa being issued after the start of the next year (in August/September), might motivate the father to keep things as is for another school year. 

 

I think OP has to realize that people can request expedites, but they can also voluntarily delay at NVC/interview if they want the visa validity period to coincide with the summer months/in-between school years.  Maybe feasible for summer 2024.

Lots of maybes.  Time for enough detail from the OP to offer more than maybes.  She's probably sleeping.

 

[Boiler 45,451]

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