What’s the process for K visa expedite requests?

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An “expedite request” is a formal request made to the USCIS, NVC, or US Embassy by an applicant in order to request quicker processing due to a qualified criteria. There are several criteria which may apply to you.

If you feel you qualify for one or more of these, send a prepared packet with statements, supporting documents, and more detailing why you need to be placed in immediate processing. Following which, officers evaluate your case and make a decision to grant or deny your request. If approved, your case will be adjudicated immediately. If denied, you will be processed as “normal”. 

Overall, getting an expedite granted is not easy. Realize that there are tens of thousands of petitions ahead of yours. You’re asking the government to take your packet and put it on top of the pile and be seen by the next available adjudicator. What compelling reason do you have for requesting such a privilege?

In truth, although most people get (rightfully) impatient that their applications haven’t been approved in so long — to the USCIS, that doesn’t warrant giving an unfair advantage over other couples who’ve been waiting their turns just as long as you have.

Nonetheless, many couples do get approved and if you feel you have such valid reasons, we’ll cover the details in this article.

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What are the four evaluation criteria? 

Fiance(e) K visa applicants are allowed to make an expedite request. The main idea is to show the USCIS how slow processing may harm the US Petitioner. The USCIS considers the following acceptable criteria:

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# 1 – Severe Financial Loss to a company or person;

# 2 – Urgent Humanitarian reasons;

# 3 – Compelling to the US government (e.g. of national interest);

# 4 – Clear USCIS error.

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Here’s what these four things mean.

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First, the USCIS grants an expedite if there’s a risk of Severe Financial Loss to a company or person if the immigration benefit is not granted within normal processing timeframes. This is usually more appropriate for employment or student categories, not normally for K visa procedures. Think about it, what sort of financial loss could the US petitioner possibly face if the beneficiary wasn’t granted a K-1 or K-2 visa immediately? Is there such a situation? I’ve seen some scenarios where this was acceptable by the USCIS for an I-129F expedite, but it’s rare to see.

Second, the USCIS grants an expedite if there’s an Urgent Humanitarian Reason. This may be more applicable to K visas, under certain conditions, than any of the other criteria listed. For example, I read a particular US petitioner’s statement once where his request was based upon a developing humanitarian crisis in his partner’s country. He requested that the application be expedited so his partner may leave the country as quickly as possible to avoid harm (either natural or man-made). This request was denied because the hardship is not to the US petitioner (the way the USCIS looks at it), it was hardship to the beneficiary. Nonetheless, I can see the logic and humanitarian reasoning behind such a request.

Third, the USCIS grants an expedite if it’s of Compelling interest to the US government (commonly known as National Interest exemption). This is usually not applicable to fiance visas because normally there’s no urgency or national interest attachment to anyone’s petition. For example, does your foreign fiance also have credentials where he or she can help produce a vaccine for the pandemic? If so, then it’s likely he/she won’t be waiting around for a K visa, but will get granted a separate “national interest” exception to enter the country and help with the vaccine. So, there are some applications in theory, but not many in reality for K visas. 

Finally, the USCIS will grant an expedite if it’s a Clear USCIS Error in processing or mishandling of a case. If you can demonstrate that the USCIS made an error in a benefit and it resulted in some sort of loss or negative consequence to you, you may request this expedite to make up the missed time.

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How do they make a decision?

We cover details on how to prepare an expedite request later in this article… but if you were to send one, how do they evaluate it? 

They offer the following guidelines. The USCIS…

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● “Considers all expedite requests on a case-by-case basis.

● Requires documentation to support a request.

● Has the sole discretion to decide whether to grant or deny a request.

● Does not consider expedite requests for applications or petitions that have Premium processing service available.”

Source: USCIS expedite criteria

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Here’s an explanation of what each of these terms mean. 

First, the USCIS considers all requests on a case-by-case basis. Meaning, this isn’t a simple evaluation. Officers must go through your request in detail. There’s no cookie cutter method for evaluation and every case is handled individually. Since this requires a heavy time investment on the USCIS’s part, they look through your packet critically to see if it “has legs” before getting more into the details.

Next, the USCIS requires you to provide documentation. They can’t just go by your word that you’re eligible for an expedite. Do you have specific documentation? Newspaper clippings? Financial reports? Military deployment orders? An expert’s testimony? Medical reports, as the case may be…? What documented proof can you show to convince them that your argument is valid? The stronger, more documented, you present a case, the higher the chances you may be granted this request.

Further, the USCIS has sole discretion to review, approve, or deny your case. The USCIS will take what you submit, review it, and make a determination. If they need anything further from you, they may send an RFE. Otherwise, they will perform their evaluation and send you a notice of action. You can’t have a lawyer, congressperson or anyone else influence or change the decision made by the USCIS. 

Finally, the USCIS doesn’t accept expedite requests for cases that have premium processing service available (or those categories where you may pay to be processed faster). Premium processing service is NOT available to K visa applicants, that’s why the expedite request process is open to the K visa.

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At which point can you request an expedite?

If you’ve decided that you want to give it a shot, when exactly can you request an expedite? Well, in the K visa process, you’re allowed to request it at virtually any stage. 

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USCIS – You can request the USCIS to expedite your I-129F. You can do it…

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(1) With your initial I-129F petition. You can prepare your request and send it along with your normal I-129F application. If they accept and approve, they will process your I-129F right away. If denied, they process your case whenever they normally get to it.
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(2) Anytime after submitting your I-129F, but before approval. If you don’t send a request with your initial petition, you may send it anytime after it’s received by the USCIS. Reference your receipt # so they can properly identify your case. Again, they will read your request and see if it’s worthy of immediate processing.
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NVC – You can request the NVC to expedite your processing, if you’re currently at this stage. However, this is generally unnecessary as the NVC typically spends only 4-6 weeks to process petitions, anyway. By the time you send a request, your case may already be processed, approved, and forwarded.
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US Department of State (Embassy) – You can request the US Embassy for a quicker K visa interview, if you’re currently waiting for one. There are examples of where this may be appropriate. For instance, if your K-2 visa children are nearing age 21 (“aging out”), you may request the consulate to set a quicker interview schedule so you can avoid legal issues with children aging out. Notice, you must still otherwise be eligible for the K-1 and K-2 visa regardless of the outcome of the request.

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How to make a request

The steps to request an expedite are identical regardless of which service center has your I-129F or which Embassy has your approved case. 

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Step 1- Identify which agency has your case

First, identify which agency has jurisdiction over your case. If you’re still waiting on your I-129F approval, for example, then the USCIS has your case. If you’ve been approved and awaiting an interview, then the US Embassy has jurisdiction.

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Step 2 – Follow their procedures for an expedite request

Read official instructions, if any, the agency provides on submitting expedite requests. For example, above we talked about the USCIS’s procedures. The US Embassies, for example, have a slightly different request procedure. 

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As you can see in this example, the US Embassy in Thailand (Bangkok) allows you to send an email request or submit via their online system.

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Step 3 – Prepare and send your request

According to the agency’s procedures — whether physically mailed or sent digitally by email — prepare and send your request. This will take the longest time and require your reflection. Do you have a valid argument? The correct supporting documents? 

Once prepared, signed, and ready, you may send your request. Be sure to include pertinent information so the agency can identify your case. Include receipt number, case number, and whatever details are appropriate.

Addresses: For USCIS, mail your packet to the service center which currently holds your I-129F. For the US Embassy, it’s best to send it digitally, scanned, or via fax. Be sure to reference your case # and details of both yourself and partner. 

Tip: whenever you send a request, be sure to mark the top of your envelope, letter, or packet with “EXPEDITE REQUEST” in a large font.

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Step 4 – Receive your response and proceed accordingly

Agencies take about 1-3 weeks to fully read, review, analyze, and respond to your request. Following which, they issue a formal decision. Sometimes it may be as simple as a notice saying your expedite request was denied. Other times they may offer a more in-depth explanation on why it was denied or granted.

The USCIS or US Embassy usually mail or email you the decision. You must proceed according to their decision and further instructions. If they deny your request, the case is handled as normal and there are generally no negative effects. There’s also nothing further required on your part.

If approved, the case is moved to “the top of the list” and adjudicated as soon as possible. They will offer further instructions. For example, the USCIS will send you a notice saying your request for an I-129F expedite is granted and they will do “xyz” to process you immediately. The US Embassy, for example, may grant your request and instruct you on how to schedule the interview within the coming few days.

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Example letter to request an expedite

Here is a sample on how to prepare a request. 

Draft a statement which has a cover letter and supporting documents. In your cover letter, start with a large title in the middle which clearly states that this packet is a “I-129F [or K visa interview] expedite request”. 

Have a heading with your name, contact information, USCIS receipt number, NVC case number (if any), date of birth, names of both applicants, and attach an unexpired form of identification, etc.

In the body of the statement, explain which category you feel your eligibility falls under. Is it “financial loss”? Is it “humanitarian reasons”? Or is it “clear USCIS error”? How do you support this?

You must attach supporting evidence of why you feel you qualify. Newspaper clippings? Reports? Statements? Expert recommendation? Etc. If you’re requesting an expedite due to a medical emergency, for example, do you have a proper physician’s letters to support your claim? 

At the end, be sure to sign, date, and perhaps even notarize the letter, if need be. 

To submit the letter, determine which method they accept. For example, the USCIS sometimes accepts phone calls, direct mail, etc. The Embassies, for example, may only accept email, fax, or physical mail. 

By the way, there’s no cost for submitting a request for expedite.

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Common questions and answers

What are my chances of getting an expedite request approved (for K visa)?

That’s a tough one to answer. There are no published statistics on how many expedite requests are made in the K visa process. Furthermore, we don’t know how many are actually granted. The best we can do is to analyze what we see from first-hand reports. Most couples indicate that their requests for expedite were denied because their reasons weren’t considered compelling enough. If you believe you have a better chance, though, you’re welcome to try. Always try to “fit” the emergency within the context of the criteria that the USCIS allows. Is it a humanitarian issue? Financial? Or another they will consider dire enough.

I’ve noticed that the USCIS also takes two other things into consideration (1) the unexpectedness of the ‘emergency’ cited, and (2) that you’ve exhausted other options. 

For instance, if your financial loss was expected before you originally petitioned for your partner, the USCIS may ask “why did you file anyway knowing there was a possibility of financial loss?” Similarly, if you were aware there was a humanitarian crisis evolving, why did you use the K visa as a route? Why not another or more appropriate visa for a humanitarian issue?

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Is pregnancy an appropriate reason to expedite?

To answer this question, consider whether your pregnancy carries a real “emergency”. Normally a pregnancy is not grounds for approval but you’re certainly able to submit a request. Furthermore, under which category will you make a request? Humanitarian? Medical? Financial loss? Or another?

Remember, many things can be molded to fit into the category of an expedite request. It’s up to you to figure out which strength you can use. 

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Is Military deployment an appropriate reason to expedite?

Normally, yes. US military personnel can show documentation that they are going to be deployed soon and thus require an expedited K visa. Speak with your commanding officer to get a written confirmation (as supporting documentation). In most instances, you must show that since you will be deployed soon, it will interfere with your ability to marry your partner if the timing doesn’t work out (i.e. to avoid potential problems in getting married in the 90-day limit, you’re requesting an expedite).

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If they approve my expedite request, does it mean my visa interview will be easier, too?

Not necessarily. An expedite approval doesn’t mean that your I-129F or the K visa interview will automatically be approved, too. An expedite request just grants you quicker processing time. The burden of being qualified for the visa, undergoing the interview, proving eligibility for the visa, etc. is still required as normal. Having an expedite request also won’t mean the US looks favorably on your petition.

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Is the COVID-19 pandemic a valid reason to request an expedite?

This is also tough to answer. The COVID-19 pandemic backlogged the entire immigration system. Everyone, along with you, is delayed because of the lockdowns. Nonetheless, you’re allowed to submit an expedite request if you feel your specific situation warrants an expedite despite lockdowns and delays faced. Which criteria will you use? Financial loss? Urgent humanitarian reason? USCIS error?

Note that your request will be tough because you are now competing with numerous other applicants who may have real, pressing emergencies.

Cases which have seen a positive decision were those who really were under stress. For example, those K visa couples who had K-2 visa children at risk of “aging out” may have been given special priority or consideration to get an interview despite COVID-19 lockdowns.

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Have you had success with an expedite request? How did you do it? Let’s talk about it below…