Expedite due to disability

[Caitlyn03 3]

My 20-year-old fiancé (peitioner) has autism and works in a family-owned business where his uncle and dad are co-owners. He recently took on the role of a sales manager assistant to financially support us once our I-129F is approved. Despite going to work, he struggles to function effectively due to his autism, leading to irregular sleep patterns, uncontrollable bursts of energy, and difficulty to socialize, etc. These challenges can potentially cause financial problems down the line.

Throughout his life, his mother has been his primary caregiver. However, her health conditions, including RA, immune disease, and cancer, now limit her ability to care for him. His father, occupied with a full-time job elsewhere, also cannot provide the needed care. His siblings are unwilling to assist. During my visits, I assumed the role of caretaker, witnessing a positive change in his motivation, sleep schedule, work, and overall functioning. Sadly, our long-distance relationship prevents my constant presence, given my full-time job to secure resources for his support upon my arrival.

He possesses prior records confirming his disability, obtaining a note from his mother affirming his need for caregiving is feasible, and an employment letter stating his challenges at work highlighting potential future financial loss. I deeply love him and am committed to caring for him regardless of the circumstances, as I believe that's a fundamental aspect of marriage—supporting each other through all stages of life.

 

 Do the factors mentioned above justify an expedite request for our I-129f? 

[Crazy Cat 41,811]

Only USCIS can answer that.  It costs nothing to request an expedite. 

[Marieke H 2,496]

It doesn't hurt to try, but I would be careful with the language you use in your request. Caregiver/caretaker/support are jobs, and you will not be allowed to work until you have your EAD. You don't want it to sound like you are going to take on a role that would normally be a paid position. Focus on his disability and how you as a spouse would be able to help him take better care of himself; don't use words like "caretaker", "providing support", etc. Good luck!

[Caitlyn03 3]

Just now, Marieke H said:

It doesn't hurt to try, but I would be careful with the language you use in your request. Caregiver/caretaker/support are jobs, and you will not be allowed to work until you have your EAD. You don't want it to sound like you are going to take on a role that would normally be a paid position. Focus on his disability and how you as a spouse would be able to help him take better care of himself; don't use words like "caretaker", "providing support", etc. Good luck!

Thank you so much for this advice

[Boiler 45,445]

Does he have a joint sponsor?

[Caitlyn03 3]

12 minutes ago, Boiler said:

Does he have a joint sponsor?

We could apply for a joint sponsor, as his dad works full time and makes money off the company he owns with his brother. 

[IWander 589]

As others have said that there is no harm to try, i would however caution you to not set your sights very high for a positive outcome 

[W199 333]

7 hours ago, Caitlyn03 said:

My 20-year-old fiancé (peitioner) has autism and works in a family-owned business where his uncle and dad are co-owners. He recently took on the role of a sales manager assistant to financially support us once our I-129F is approved. Despite going to work, he struggles to function effectively due to his autism, leading to irregular sleep patterns, uncontrollable bursts of energy, and difficulty to socialize, etc. These challenges can potentially cause financial problems down the line.

Throughout his life, his mother has been his primary caregiver. However, her health conditions, including RA, immune disease, and cancer, now limit her ability to care for him. His father, occupied with a full-time job elsewhere, also cannot provide the needed care. His siblings are unwilling to assist. During my visits, I assumed the role of caretaker, witnessing a positive change in his motivation, sleep schedule, work, and overall functioning. Sadly, our long-distance relationship prevents my constant presence, given my full-time job to secure resources for his support upon my arrival.

He possesses prior records confirming his disability, obtaining a note from his mother affirming his need for caregiving is feasible, and an employment letter stating his challenges at work highlighting potential future financial loss. I deeply love him and am committed to caring for him regardless of the circumstances, as I believe that's a fundamental aspect of marriage—supporting each other through all stages of life.

 

 Do the factors mentioned above justify an expedite request for our I-129f? 

You can look up the acceptable reasons for an expedite, and you would need to address those allowed categories specifically. 

 

I believe one is humanitarian. It seems like a very weak case. Another one is financial loss.  You would need some strong and compelling proof that you are needed to prevent his loss of a job, and he has no other viable alternatives.  That seems very difficult given what you said.  A immigration lawyer might be better able to craft a expedite request, or the local congressman if you provide them with evidence.

 

BTW, Are you sure he (and/or joint sponsor) meets the income requirements to sponsor you for a K-1?

 

[Caitlyn03 3]

2 hours ago, W199 said:

You can look up the acceptable reasons for an expedite, and you would need to address those allowed categories specifically. 

 

I believe one is humanitarian. It seems like a very weak case. Another one is financial loss.  You would need some strong and compelling proof that you are needed to prevent his loss of a job, and he has no other viable alternatives.  That seems very difficult given what you said.  A immigration lawyer might be better able to craft a expedite request, or the local congressman if you provide them with evidence.

 

BTW, Are you sure he (and/or joint sponsor) meets the income requirements to sponsor you for a K-1?

 

My fiancé (petitioner) would normally earn approximately $40,000 annually, but due to a disability, his actual earnings are lower. His father earns $136,000 yearly as a trucker and also works at his dealership that he co-owns with his brother. He would act as a joint sponsor to meet the financial requirements. The primary concern is that my fiancé (petitioner) faces challenges in performing effectively at his job due to his disability, impacting his income and ability to fulfill the financial obligations to support me later on. 

 

Furthermore, my fiancé's disability affects his daily functioning. With my absence and lack of a "support" system, he struggles to execute simple tasks, maintain a consistent sleep schedule, exercise self-control, manage time effectively, engage in social interactions, etc. I have a deep understanding of his unique needs and challenges, allowing me to help him navigate daily life. Whether it's structuring his day, helping him manage sensory stimuli, manageable routines and improved social interactions. I am the only person in his life who has been able to help him function properly, truly understand him, and love him unconditionally, apart from his mother. However, given his mother's health condition, she is unfortunately no longer able to provide the support and care he needs. And no, he has been to top health care professionals, and nothing has helped except for me. Even his current doctor says it's a miracle since I've been in his life.

 

Also sorry if I sounded defensive, I really wasn't trying to. Lol

[Cathi 5,746]

Getting an expedite because you need to be his caregiver isn't going to get you here any sooner, it's considered work. And since he works at a family business, trying to convince USCIS that he's going to lose his job, is going to be difficult. It won't hurt to try.

My 25 year old son is high functioning autistic (Asperger's), so I understand 100%. I also have RA plus I also have lupus and Sjogren's Syndrome and I had breast cancer 6 years ago, so I understand his mom's pain. I am the person who has helped him navigate life and everything that goes along with being autistic (depression, anxiety, lack of social skills ect) since the day he was born. The older he gets the more we have him do things for himself, this has helped his self-esteem TREMENDOUSLY. Holding his hand for everything will never allow him to navigate life by himself. I know it's hard, but you need to start allowing him to do some things on his own, even if the simplest of things, he will surprise you in a good way. Start with something simple like doing his own laundry, or taking the trash out at the end of the day. I also work for NAMI )National Alliance on Mental illness) as an autism, disability and mental health advocate for teenagers and young adults, I work with dozens of people just like my son and your fiancé, every day. You need to give him the space to do things on his own, trust me. A few short years ago my son was 100% dependent on me , and I mean 100%, I did everything for him. Now he drives, owns his own car, works, and he goes to college 3 nights a week. He also does 99% of his daily chores (laundry, cleaning his room, organizing ect) on his own, all skills he learned because we encouraged him to do so on his own. It took time, but he does it all.  He also has a girlfriend and she doesn't manage a thing for him. He keeps all of his appointments and reminders in his phone. If anyone had told me 3 years ago that my son would be as self-sufficient as he is now, and have a girlfriend, I never would have believed them. Gently encouraging my son to learn and do things on his own has worked, doing every last little thing for him, did not. Trust me. He absolutely LOVES his life and his self-esteem is through the roof.

[W199 333]

21 hours ago, Caitlyn03 said:

My fiancé (petitioner) would normally earn approximately $40,000 annually, but due to a disability, his actual earnings are lower. His father earns $136,000 yearly as a trucker and also works at his dealership that he co-owns with his brother. He would act as a joint sponsor to meet the financial requirements. The primary concern is that my fiancé (petitioner) faces challenges in performing effectively at his job due to his disability, impacting his income and ability to fulfill the financial obligations to support me later on. 

 

Furthermore, my fiancé's disability affects his daily functioning. With my absence and lack of a "support" system, he struggles to execute simple tasks, maintain a consistent sleep schedule, exercise self-control, manage time effectively, engage in social interactions, etc. I have a deep understanding of his unique needs and challenges, allowing me to help him navigate daily life. Whether it's structuring his day, helping him manage sensory stimuli, manageable routines and improved social interactions. I am the only person in his life who has been able to help him function properly, truly understand him, and love him unconditionally, apart from his mother. However, given his mother's health condition, she is unfortunately no longer able to provide the support and care he needs. And no, he has been to top health care professionals, and nothing has helped except for me. Even his current doctor says it's a miracle since I've been in his life.

 

Also sorry if I sounded defensive, I really wasn't trying to. Lol

Hence my points.   (1) For humanitarian reasons, you must  show USICIS that is USC has tried every avenue possible, seeing top medical professionals, but only his mother and you have been able to help his severe needs. With his mother out of the picture, he is in severe and urgent danger without you.  You would need letters from the doctors to prove all of that.  Furthermore, he is going to lose his job and be penniless, on public support, homeless, etc.. and urgently needs you.   But of course, you would need to absolutely prove this with letters from doctors, and the such. Just making up a tragic story is not going to be enough, they get these requests in everyday, and they all get denied unless you can prove an serious urgent/emergency that will result in grave injury and/or severe financial loss.

 

But based on what you said, this is not the case.He's not in the hospital dying, or something .. he just has a chronic condition, he is currently working, etc .. there are many people with disabilities or serious medical needs, and they are denied an expedite unless it is a life threatening urgent need or a very serious major financial issue,  Neither really seems to be the case.   I would consult a lawyer as I don;t know if any of this could come back to bite you when it gets to the embassy level.

[Ontarkie 14,217]

I would like to add if you can get it expedited at USCIS level. You then have to get Montreal expedite. They are one of the hardest to get an expedite approved at. They almost never approve them. Plus the way they are handing out the DS 5535 another delay would probably jump out at you. 

 

[Caitlyn03 3]

26 minutes ago, W199 said:

Hence my points.   (1) For humanitarian reasons, you must  show USICIS that is USC has tried every avenue possible, seeing top medical professionals, but only his mother and you have been able to help his severe needs. With his mother out of the picture, he is in severe and urgent danger without you.  You would need letters from the doctors to prove all of that.  Furthermore, he is going to lose his job and be penniless, on public support, homeless, etc.. and urgently needs you.   But of course, you would need to absolutely prove this with letters from doctors, and the such. Just making up a tragic story is not going to be enough, they get these requests in everyday, and they all get denied unless you can prove an serious urgent/emergency that will result in grave injury and/or severe financial loss.

 

But based on what you said, this is not the case.He's not in the hospital dying, or something .. he just has a chronic condition, he is currently working, etc .. there are many people with disabilities or serious medical needs, and they are denied an expedite unless it is a life threatening urgent need or a very serious major financial issue,  Neither really seems to be the case.   I would consult a lawyer as I don;t know if any of this could come back to bite you when it gets to the embassy level.

Thank you for the feedback. I have an appointment with an immigration lawyer this wednesday. We'll see what they say. 

10 minutes ago, Ontarkie said:

I would like to add if you can get it expedited at USCIS level. You then have to get Montreal expedite. They are one of the hardest to get an expedite approved at. They almost never approve them. Plus the way they are handing out the DS 5535 another delay would probably jump out at you. 

 

Thank you for letting me know!