Request for expedite # 2 still denied?????

[Hilbill 0]

My fiance and I submitted out I-129f last year and based on the current processing times listed on the USCIS (aka Useless website) and what my lawyer was telling us. He was getting visas finished in around 3 mo. So we planned our wedding according to that. Well right after the beginning of the year we saw a huge exponential change in the processing times so we submitted an expedite based on my fiance had a buyer for his business and a job offer here plus all the wedding deposits we had for our May wedding date. Well it was denied without a reason. We stand to lose about $30k because of this and him losing the buyer for his business. So I contacted my senators and house of rep and the house of rep people resubmitted an expedite based on the business aspect alone. Well, it was denied again. Are you kidding me? This is upsetting especially due to the economy right now. If you have a buyer you do whatever you can to keep them because you don't know when the next one will come. And when my lawyer has told me that he has received expedites based on wedding alone. Does anybody have any experience with this? We now have to postpone our wedding and I am going to lose around $3000 just in deposits. Thanks in advance.

[villaspurs 65]

I have never heard of an expedite for a wedding. It's not USCIS's concern whether or not you have made plans for a wedding, and I am surprised your lawyer has had expedites approved for that. People aren't getting expedites for living in abject poverty, in war zones, or under dangerous environmental conditions. Compared to that, a wedding just doesn't seem like a priority.

Out of curiosity, why can't your fiance sell his business and then just wait out the visa? Won't he have to sell it anyway?

[canadian_wife 1,820]

I'm sorry, you cannot expedite because you got bad advice from a lawyer and you certainly cannot expedite because you planned your wedding. I could almost see for the business - maybe being a financial hardship - but then again you based that decision on bad advice, sadly that is not USCIS's problem.

I wish you found VJ earlier, we all would have told you to NOT MAKE ANY PLANS until the visa is in hand.

PS - of course your lawyer told you that, he wants to bill you for filing the expedite. As you just learned, USCIS doesn't expedite for weddings alone. Sorry, but he obviously lied to you!

I agree, why can't he sell his business now and wait for the visa?

Good luck

[raymaga 25]

Sorry to hear this is happening to you.

Unfortunately, as previous posters have said, it is impossible to get an expedite due to a wedding date. If that were possible, every person applying for the K-1 would just plan their wedding early in order to get an expedite.

Most of us here on VJ have done the process without a lawyer, and a lot of the people who did use a lawyer were sorry that they did. You should probably consider trying to finish the process yourself. Keep in mind that lawyers will tell you what you want to hear so they can collect their big fees.

Hope you get your approval before the wedding, but if not, you'll be out $3,000 and it could have been a lot worse.

Best wishes.

[B-BB 0]

Same thing happened to us. We followed advice of a lawyer and planned our wedding and tried an expedite request (with the help of a Congressman) and also denied. We thought mailing an application at the end of December would be definitely enough time for an August wedding - now we are just hoping it works out. If K-1 does not come in time, we will probably still get married to not lose deposits and money guests have spent on coming to the US and then just apply for a marriage visa and wait the additional time before living together in the US.

Hope it works out.

[TracyTN 237]

Sorry to hear this is happening to you.

Unfortunately, as previous posters have said, it is impossible to get an expedite due to a wedding date. If that were possible, every person applying for the K-1 would just plan their wedding early in order to get an expedite.

Most of us here on VJ have done the process without a lawyer, and a lot of the people who did use a lawyer were sorry that they did. You should probably consider trying to finish the process yourself. Keep in mind that lawyers will tell you what you want to hear so they can collect their big fees.

Hope you get your approval before the wedding, but if not, you'll be out $3,000 and it could have been a lot worse.

Best wishes.

100% agree. Unfortunately, our idea of an 'emergency' never seems to equal up to what USCIS sees as one. The only expedite requests I've ever known to be approved are if one of the parties has a terminal illness. Those in the military with pending deployments also get expedited routinely.

And to echo a previous poster's question - can't your fiance sell his business now (as he will eventually have to anyway)?

[Hilbill 0]

Just to clarify. The wedding stuff was in addition to the business expedite and job offer here. We originally submitted the expedite with both as evidence and it was denied. So my congressman resubmitted one based on the business alone. The thing that is the issue is that if he sells it now and waits he will need to get another job as supplemental income until the time he can come here. It is better for him financially to hold onto the business now but will probably have to dump the price to get it sold quickly. Also, his job offer needs him here in the summer to get trained and such but now we have to let it go too.

I understand about my lawyer and I am incredibly disappointed with him. I wish I would have found this site too. Fortunately, it was a base price and I am not getting charged more for the expedite. This whole situation sucks and I wish CSC would just get the things done. The thing that bothers me is that they don't give us a reason. If they did we could possible come up with more evidence to support it if needed.

[TracyTN 237]

I think the only reason is that selling a business and/or a wedding are just not reasons they deem valid for expediting. If they did it in your case, as raymaga pointed out, they would have to approve so many that the point of expediting would be lost.

I'm sure you understand that those dealing with terminal illnesses really are in a race against the clock, where the impact is much more than financial.

[* Kristin * 49]

Best of luck in the future... I am sure that another job offer will come up. Perhaps this one just wasn't meant to be!

(My friend who isn't on this community but has also gone through this process had a similar situation - her finace had a job offer here but they were kind enough to hold if for him 'til he arrives in June now; they wanted him back in December - but there was no way that could happen)

Just to clarify. The wedding stuff was in addition to the business expedite and job offer here. We originally submitted the expedite with both as evidence and it was denied. So my congressman resubmitted one based on the business alone. The thing that is the issue is that if he sells it now and waits he will need to get another job as supplemental income until the time he can come here. It is better for him financially to hold onto the business now but will probably have to dump the price to get it sold quickly. Also, his job offer needs him here in the summer to get trained and such but now we have to let it go too.

I understand about my lawyer and I am incredibly disappointed with him. I wish I would have found this site too. Fortunately, it was a base price and I am not getting charged more for the expedite. This whole situation sucks and I wish CSC would just get the things done. The thing that bothers me is that they don't give us a reason. If they did we could possible come up with more evidence to support it if needed.

[Hilbill 0]

Thanks for your help guys. It's nice to know that I'm not the only one going through this #######.

[gretchen_darren 67]

Get a letter from the bank on the severe financial loos of the business as well as a statement from the company of potential loss on the job offer here. I know it stinks to lose money, no matter how little or how much.

the USCIS does offer businesses to pay expedite fees of $1,000 for company transfers. Why do you think the H visas get approved so fast. Easier to come by job offer.

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request

For financial hardship they would consider if you had a company which was going bankrupt .. individual (personal) bankruptcy would not count (chapter 7) and they would not process it

Or emergency would be serious surgery (life/death) things like that

such as Japan or Haiti....

[baron555 934]

I'm guessing you understand now that you don't qualify fir an expedite. Poor advice and poor planning and a ranking market are not on the USCISs list of expedite criteria.

Sorry. Maybe just a lesson learned and hopefully read by others who may have similar aspirations.

[Hilbill 0]

Get a letter from the bank on the severe financial loos of the business as well as a statement from the company of potential loss on the job offer here. I know it stinks to lose money, no matter how little or how much.

the USCIS does offer businesses to pay expedite fees of $1,000 for company transfers. Why do you think the H visas get approved so fast. Easier to come by job offer.

USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request

For financial hardship they would consider if you had a company which was going bankrupt .. individual (personal) bankruptcy would not count (chapter 7) and they would not process it

Or emergency would be serious surgery (life/death) things like that

such as Japan or Haiti....

We had all that from the bank, business, job offer and buyer for the business. They still denied it.

[Harsh_77 718]

Just having the marriage dates and having all that setup would not qualify you for getting expedited.

The first rule is do not plan a wedding until you get the Visa.

It is unfortunate that your lawyer did not give you right information and he should had adviced you guys against making the plans until you got your visa.

The only reason the visa application get expedited, is when there is a humanitarian reason or spouse is active military and getting deployed or something.

If you take your own example, ppl will start planning the wedding ASAP after filing the visa and USCIS will have to expedite all the application immediately.

Congressman or Senator cannot do anything about it, its just not practical for them or their office will be bombarded with such request.

Selling which business if the Spouse in US is selling his business(assuming since OP is talking about market condition) is not a reason for USCIS to expedite the case.

Edited March 29, 2011 by Harsh_77

[Gary and Alla 3,694]

My fiance and I submitted out I-129f last year and based on the current processing times listed on the USCIS (aka Useless website) and what my lawyer was telling us. He was getting visas finished in around 3 mo. So we planned our wedding according to that. Well right after the beginning of the year we saw a huge exponential change in the processing times so we submitted an expedite based on my fiance had a buyer for his business and a job offer here plus all the wedding deposits we had for our May wedding date. Well it was denied without a reason. We stand to lose about $30k because of this and him losing the buyer for his business. So I contacted my senators and house of rep and the house of rep people resubmitted an expedite based on the business aspect alone. Well, it was denied again. Are you kidding me? This is upsetting especially due to the economy right now. If you have a buyer you do whatever you can to keep them because you don't know when the next one will come. And when my lawyer has told me that he has received expedites based on wedding alone. Does anybody have any experience with this? We now have to postpone our wedding and I am going to lose around $3000 just in deposits. Thanks in advance.

K-1s are not eligible for expedites. That is the rule. They will occasionally make an exception for a US serviceman who is being deployed to a combat zone.

NEVER make plans requiring any money deposits (unless you are prepared to lose the deposit) until the visa is IN YOUR HAND. The process can be delayed for may reasons or no reasons at any time. The approval of the petition is only step one. After that is the NVC which can and does take many weeks sometimes and then the consulate which can take days or take months.