Some Advice requested...on Expediate or not request for I-130 or NVC

[JE57 239]

Hello All,

   I, USC, living in Hong Kong with my Wife, Nationality (Philippines), both of us HK Permanent Residents.  I have Mandatory Retirement Dec 31st, 2025, and a Job offer to relocate back to the USA with my current multi-national company with a start date of 1 Sept. 2025.  

  Filed I-130 in early Feb of 2024, VJ says latest approval estimate June 4, 2025.  With NVC processing that makes the timing tight at best.  

My wife has a valid B1 visa that expires Nov. 2025 and has traveled many times on her B1 with no issues.

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Opinions on what I should do? Possible thoughts:

1) Just wait and hope it all gets done on time.

2) Request to Expedite the I-130 

3) Wait for I-130 approval and request Expedite at NVC stage

4) Have my wife apply for a B1 visa as a backstop in case spousal visa not approved in time

     For option 4, I suppose we'd have to maintain a residence address of some form in Hong Kong along with living in the USA and she'd (We) would have to fly back to Hong Kong for the interview?  I suppose we also risk her not getting approved for the B1 or if approved being denied entry on the false presumption that she'd adjust status in the USA (we wouldn't, of course).  She has entered the USA twice since I applied for the I-130 for her with absolutely zip, zero questions or issues.

DCF is no longer an option as I-130 has been filed.

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Opinions/Suggestions/sage wisdom or even just kindly advising patience and faith are all welcome.

My start date might be flexible to push back if visa is not complete but can not under any circumstances be pushed into 2026

 

Thanks in advance.

Joe

 

Thanks in advance.

 

 

[Dashinka 24,725]

Personally I would attempt the expedite due to your mandatory relocation as it is free and they can only say no.  You will have to attempt separate expedites at each stage (USCIS, NVC, and Consulate).  I would wait on re-applying for a B2 until you see what is happening, and maybe make a decision around August if the expedites are not approved (wait times for B2 interviews or waivers in Hong Kong are 1-3 days).

 

Good Luck!

[Edward and Jaycel 418]

2 hours ago, Dashinka said:

You will have to attempt separate expedites at each stage (USCIS, NVC, and Consulate).

 

👆👆 This is the best advice you're going to get. Attempt to expedite at every stage that you are allowed to. The worst they can do is deny your request.

 

[pushbrk 13,052]

I would ask the Consulate in Hong Kong to accept a Direct Consular Filing due to your pending transfer.  If that doesn't work, then expedite at each stage.  Don't mention the mandatory retirement.

Edited 14 hours ago by pushbrk

[Dashinka 24,725]

3 hours ago, pushbrk said:

I would ask the Consulate in Hong Kong to accept a Direct Consular Filing due to your pending transfer.  If that doesn't work, then expedite at each stage.  Don't mention the mandatory retirement.

Consulates will not accept an I130 for DCF if the I130 has already been filed with USCIS.  According to the OP, the I130 was filed 11 months ago with USCIS.  That being said, I agree, DCF would have been an option.

 

In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[7]

 

^{https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3}

Edited 11 hours ago by Dashinka

[pushbrk 13,052]

6 minutes ago, Dashinka said:

Consulates will not accept an I130 for DCF if the I130 has already been filed with USCIS.  According to the OP, the I130 was filed 11 months ago with USCIS.  That being said, I agree, DCF would have been an option.

 

In addition, USCIS does not authorize DOS to accept a local filing abroad if the petitioner has already filed a Form I-130 domestically for the same beneficiary. If exigent circumstances exist, the petitioner should request expedited processing for an electronic or domestically-filed petition. Local consular or USCIS staff should inform the petitioner of the process to request expedited adjudication.^[7]

 

^{https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3}

I missed the part where the I-130 was already filed 11 months ago.