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

[Stephie C 8]

1 hour ago, Redro said:

@Boiler do petitioners/ parents have to show they have permission at USCIS/ petition stage or do they show permission later (NVC/interview)?

My understanding is that evidence of permissions to remove a child ( which I have and is court ordered) is only required when you apply for their visas as the i130 is only to establish a relationship to the US 

Citizen. I uploaded the court order to her i130 application to remove any doubt. 

1 hour ago, Redro said:

@Boiler do petitioners/ parents have to show they have permission at USCIS/ petition stage or do they show permission later (NVC/interview)?

 

[Redro 4,611]

27 minutes ago, Stephie C said:

My understanding is that evidence of permissions to remove a child ( which I have and is court ordered) is only required when you apply for their visas as the i130 is only to establish a relationship to the US 

Citizen. I uploaded the court order to her i130 application to remove any doubt. 

 

Okay. I don't understand why you need to apply for an expedite (the reasons you'll provide to USCIS) if the court order removes any doubt you can move your child permanently to the US... 

[Lemonslice 4,831]

11 minutes ago, Redro said:

Okay. I don't understand why you need to apply for an expedite (the reasons you'll provide to USCIS) if the court order removes any doubt you can move your child permanently to the US... 

It seems that the expedite would reduce the timeframe where an hypothetical return to Family court is possible, however, if OP already has permission to move permanently, I don't see USCIS, or the embassy, approving an expedite for an hypothetical situation.  People would request expedites just in case their loved ones might get sick, maybe lose their jobs, or hopefully not be hit by a car. 

 

If OP wants to request an expedite, then go back to legitimate reasons/motives and argue around that.  However, it might not be approved for the whole family, and then comes another situation they want to avoid. 

Edited May 7, 2023 by Lemonslice

[Boiler 45,451]

I certainly would not DIY this, my thoughts is that it needs the combined efforts of a Immigration and Family lawyer, there are some good ones based in the UK.

[pushbrk 12,870]

5 hours ago, Boiler said:

I can not think how it would come up other than at the interview.

 

Correct.  This is a matter that is dealt with during the interview.

 

It occurs to me that if the issue is removing her from the jurisdiction, why not just have her make a trip to any other country first, then she comes back for a visit timed for the interview.  You've complied with the exit timeline.  Surely she is not banned from returning to the UK.

Edited May 7, 2023 by pushbrk

[Stephie C 8]

11 hours ago, pushbrk said:

Correct.  This is a matter that is dealt with during the interview.

 

It occurs to me that if the issue is removing her from the jurisdiction, why not just have her make a trip to any other country first, then she comes back for a visit timed for the interview.  You've complied with the exit timeline.  Surely she is not banned from returning to the UK.

Thanks for your response, no as a British citizen she can return to the UK whenever she wishes. Unfortunately the order only gives me permission to the US, it even specifies which state. To take her to another country would require an additional court order. Thanks 

[pushbrk 12,870]

12 hours ago, Stephie C said:

Thanks for your response, no as a British citizen she can return to the UK whenever she wishes. Unfortunately the order only gives me permission to the US, it even specifies which state. To take her to another country would require an additional court order. Thanks 

Please realize you have a whole community of people here trying to help you.  We keep coming up with ideas for you, based on the information you provide.  When you keep adding pertinent details, that make the ideas irrelevant, it's counterproductive, to say the least.

 

We've gone from "remove from the jurisdiction" (The UK) to immigrate to a specific US State.  They are very different.  I'm out.  Good luck to you.

 

[Lemonslice 4,831]

12 hours ago, Stephie C said:

Thanks for your response, no as a British citizen she can return to the UK whenever she wishes. Unfortunately the order only gives me permission to the US, it even specifies which state. To take her to another country would require an additional court order. Thanks 

Well, just travel to that state then, no?  

Also, as I have written before, it might be easier to delay the process, than the get an expedite.  You do you.  Best of luck to you and your family.

 

ETA: I hope it is a state with an international airport, or are you allowed to do a stopover in another state?  

Edited May 8, 2023 by Lemonslice

[Boiler 45,451]

I am intrigued as to what the wording could be

 

I can not imagine that the UK Court has much if any knowledge of the specifics of US immigration

 

But let us assume for whatever reason they require her to enter the US by a given date, that could be done on the VWP

[Stephie C 8]

Hi, I am trying to request that my husband and children’s I-130 applications are expedited but am struggling to get the request through to the right people. 
 

I have called the USCIS a number of times, they have informed me that the request has to be dealt with a tier two agent. As I am outside the US and do not have a US address or phone number they have to email me to request further information on my expedite request. The issue is marked as urgent and I have been told they will contact me in 72hours. I have been through this stage three times and each time I receive an email from a no response email address stating that the application is within the processing time but nothing about expediting. 
 

The last time I called an agent suggested that I mailed the request, with all the information and supporting documents directly to the service centres dealing with the applications. I did this, sent them Royal Mail tracked and signed, (at great expense) so I know that the letters were delivered five days ago but still there is no change on my online account to show that an expedite request is being considered. 
 

Anyone have any advice on what to do to get this request in front of the right people, I have been trying for over a month? 
Thank you very much for your help. 

[Mike E 11,739]

13 minutes ago, Stephie C said:

Anyone have any advice on what to do to get this request in front of the right people, I have been trying for over a month? 

Try to get  a virtual U.S. phone number

[Boiler 45,451]

May well be a good case to use your Congressperson.

[Stephie C 8]

39 minutes ago, Mike E said:

Try to get  a virtual U.S. phone number

Thanks for your response, what is a virtual US number please? I have tried to get a mobile over there but can’t as I don’t have an address. 

[Stephie C 8]

26 minutes ago, Boiler said:

May well be a good case to use your Congressperson.

Thanks for the suggestion. Which congress person would I contact as I live in the UK and have never resided in the US. The application are being processed by four different service centres so not even a common state there. I find it very strange that an immigration service cannot communicate with people outside of their country, surely that is the majority of their clientele. 

[Mike E 11,739]

11 minutes ago, Stephie C said:

Thanks for your response, what is a virtual US number please? I have tried to get a mobile over there but can’t as I don’t have an address. 

Try entering this into a web search engine:

 

    get a U.S. phone number
 

This will give you hits for apps that let you have a U.S. phone number on your non U.S. mobile phone.