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Posted
4 minutes ago, appleblossom said:

 

There was, but it's water under the bridge now.

 

The embassy doesn't have anything to do with your son's case yet, it's still at USCIS, so it's them you need to contact to ask for an expedite now. 

 

Good luck.

I posted asking for guidance here, and I followed what I was told. I didn't know I could wave the visa to accompany his mother after she got her visa.

Posted
1 hour ago, Family said:

The Consulate could have helped you and allowed child to travel. ..you got “hosed’”. ..but looks like it would have required you to put up a fight and plenty of back and forth .

 

What country? 
 

Now your options are limited to waging battle for expedited processing on three fronts , throughout the process: USCIS, NVC and Consulate . 
‘The death of your mom ( care giver of vulnerable infant) is a qualifying event and certainly a hardship to you, the USC. 
But you can’t give up on 1st pushback, if expedite is denied, you appeal and then keep trying.

 

For the sake of your baby’s wellbeing, immediately file an I-131 rentry permit for your wife, have her do biometrics or get notice they are waived and send her to home country to wait w baby. 
 

You keep fighting for expedite and contact your Congressman for help. 
 

It was not clear in original post if wife ‘s visa was an immigrant visa . ..glad you clarified. She will find another job when she returns, do the right thing for your child.

 


https://uk.usembassy.gov/visas/after-the-interview/child-born-after-visa-issuance/
Child Born After Visa Issuance

 

If your child is born after the issuance of your immigrant visa s/he will not need a visa to accompany you provided you both travel within the period of validity of your visa.  You are required to carry a copy of your child’s long-form birth certificate for presentation to an immigration officer at the port of entry, together with a valid travel document for the child

 

https://www.uscis.gov/forms/filing-guidance/expedite-requests

It is Morocco. I will try what you suggested and see where this goes. I even tried to get a letter from my son's doctor with her recommendation to not separate him from his mother while we were there but she refused to give me one, stating that she can't give recommendation. 

Posted
4 minutes ago, Speedy troy said:

I posted asking for guidance here, and I followed what I was told. I didn't know I could wave the visa to accompany his mother after she got her visa.

 

As per Family's post and your previous thread, that's only if the child was born after your wife's visa was issued. 

Posted

Have you already tried for an expedite? If so, and it's been refused, then personally I'd suggest your wife applies for a re-entry permit so she can at least be with her son whilst you wait. And you can then try for another expedite with NVC when the I-130 is approved too. 

 

Best of luck to you. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

He does not need a re-entry permit, can go now.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
16 minutes ago, Boiler said:

He does not need a re-entry permit, can go now.

 

True, maybe I'm just looking at it from a mother's point of view! I would want to be the one to go personally rather than stay without my very young son in a new country. 

Edited by appleblossom
Posted
55 minutes ago, Speedy troy said:

Ohh ok, he was born before the interview. 

It’s rare a consulate will ‘ talk” or ‘walk” someone through all their options…especially the notoriously unreliable local staff.

 

Worthy to emphasize that even with child born before interview , it would have been worth formally lodging/emailing a request for DCF of child’s I-130 before leaving him behind.

 

Now just keep fighting.


 

 

https://ma.usembassy.gov/visas/immigrant-visas/filing-local-petition/

Consulate Casablanca can only accept and process a locally filed I-130 under exceptional circumstances. If you believe that your circumstances qualify you for an exception, send an email to ivcasablanca@state.gov. Include your name and your applicant’s name and date of birth, the relationship, and your circumstances. The Consulate will review your request, and if we agree that it meets USCIS standards, we will forward your message to the USCIS field office in Rome and request permission to process your petition locally. Decisions by the Consulate and by USCIS Rome are final. If permission is denied, see Filing a Form I-130 for instructions on filing a petition from outside the US.

Filed: K-1 Visa Country: Wales
Timeline
Posted

I 130 has been filed

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
2 minutes ago, Family said:

Worthy to emphasize that even with child born before interview , it would have been worth formally lodging/emailing a request for DCF of child’s I-130 before leaving him behind.

 

 

It seems the OP has already tried that judging from their other thread, and it was refused unfortunately. Not sure if they've tried requesting an expedite though. 

Posted
3 minutes ago, appleblossom said:

 

It seems the OP has already tried that judging from their other thread, and it was refused unfortunately. Not sure if they've tried requesting an expedite though. 

Not clear where he wrote consulate specifically for DCF, so linking only other thread I found. ..also looks like USCIS kept insisting he needs to upload expedite request instead of accepting it by phone call. ..so he got discouraged. 

 


 

 

 

Posted
3 hours ago, appleblossom said:

 

It seems the OP has already tried that judging from their other thread, and it was refused unfortunately. Not sure if they've tried requesting an expedite though. 

Exactly, I already tried numerous times with the local consulate but they didn't want to help and told me they only can help relatives of US personal that are on an official mission in Morocco. So I sent his i-130 and I thought we could stay for a little bit with him, eventually we had to come to the state so my wife's visa stamp doesn't expire, and right before we left my mother passed away (that was plan A for him to stay with her) so now I don't have anyone from my family to care for him except those relatives. 

3 hours ago, Boiler said:

I 130 has been filed

I only file the i-130 after I was denied the special consideration. 

Posted
3 hours ago, Family said:

It’s rare a consulate will ‘ talk” or ‘walk” someone through all their options…especially the notoriously unreliable local staff.

 

Worthy to emphasize that even with child born before interview , it would have been worth formally lodging/emailing a request for DCF of child’s I-130 before leaving him behind.

 

Now just keep fighting.


 

 

https://ma.usembassy.gov/visas/immigrant-visas/filing-local-petition/

Consulate Casablanca can only accept and process a locally filed I-130 under exceptional circumstances. If you believe that your circumstances qualify you for an exception, send an email to ivcasablanca@state.gov. Include your name and your applicant’s name and date of birth, the relationship, and your circumstances. The Consulate will review your request, and if we agree that it meets USCIS standards, we will forward your message to the USCIS field office in Rome and request permission to process your petition locally. Decisions by the Consulate and by USCIS Rome are final. If permission is denied, see Filing a Form I-130 for instructions on filing a petition from outside the US.

I tried to go with DCF route but I was told that we don't qualify and was cornered to apply for an i-130.

 
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