NBI CLEARANCE IS MAJOR STUMBLING BLOCK

[BigFig94 0]

I am currently here in the Philippines with my fiancee. I arrived on the 26th of Sept with the single-minded purpose of being there to support her but also showing the American consular officers that I am serious about our relationship enough to travel across the world and be present for the interview. I had everything needed for documentation and more, thanks to the invaluable assistance from everyone on this website. We had so much documentation in case that there were 2 loose-leaf folders full.

We get to the Embassy before 6 and are admitted after a fairly moderate wait. My fiancee gives the necessary forms upon entry and we proceed to wait. She is then fingerprinted and then we get the pre-screening to make sure all the paperwork is signed and in proper order for the interview. The interview went very quickly and I can tell it was in no small part to my attention to detail along with my presence in the interview. Everything was going so well but the first hint of trouble was the interviewer asking my fiancee more than once about any legal problems that she may have had. He asked if she remembered anything, even a traffic ticket. My fears were confirmed when he concluded by saying the paperwork and interview were no problem but they needed more information about her legal issue (s) in the past. He then said a colleague would speak to us and provide more information.

I was starting to get steamed under the collar and asked my fiancee about any issues to which she only knew one. She had a civil case dismissed years ago in Koronadal and she had the court documents showing the dismissal. We were called to Line Y and the man at the window tells us that they need further documentation from NBI which is the Philippines version of the FBI. He then tells me we have to wait for a letter from the US Embassy and they will explain more to us with that letter. Now I am starting to see red so I tell him I waqnt to see the Consular Officer of the day as I am an American citizen and this is totally unacceptable. He tells me someone will call me. A few minutes later we are called to another window and speak to a Filipino that works for the Embassy who tells me it should not be a problem but will take two weeks to clear the matter. Now I go ballistic!

Let me preface this by telling you when my fiancee got her NBI Clearance it stated on the bottom "NO CRIMINAL RECORD." Now I am certainly not a linguist nor an English major but to me NO CRIMINAL RECORD means that she is clear and there should be no problem, apparently that is not the case in the Philippines as was explained to me by the next person I spoke to. I was so incensed by the vapid BS I was hearing that I asked again to speak to an officer. I was not given the Officer in charge but her direct report who told me that NO CRIMINAL RECORD in the Philippines is a bad thing means there are some issues which requires a letter of explanation from NBI. Furthermore NBI may decide they need to interview the person prior to issuing such clearance.

So now we go the next morning to speak to the NBI in Manila and they tell us that my fiancee only has that one case and when the US Embassy makes the document request they will issue the necessary documentation. I was also directly in contact with the Consular Officer who told me the Embassy was ready to release the VISA the moment they got the papers from NBI. Today after a visit to NBI and 4 successive phone calls to the US Embassy I am still in limbo with tickets for my fiancee and I returning to the US on the 14th. TEN DAYS later and still no word from the Embassy, no return calls from the Consular Officer, no information on why this moronic and completely avoidable issue will stop me from leaving the country with my future wife.

In closing I would like to know if anyone here has some insight on how I can make this happen without costing myself a small fortune to change all my flights. Oh and one more complication; the Embassy policy of sending the VISA to the beneficiaries address is keeping us detained in Cebu waiting for AIR 21 to deliver the VISA when the Embassy releases it/ So another question would be how I can find out if the Embassy released the VISA yesterday and it is en route. I would also suggest we add this to the Philippines K1 Visa guidelines as another possible pitfall to steer clear of. Maybe some other people can benefit from knowing the misfortune we are currently experiencing. Thanks again for all the help and good luck to all!

[garysworld n ana 3]

Sad but true....No Criminal Record on the NBI report will mean additional paperwork.

Check this out for more clarification......

221G Timeline for NBI Lettor of Explanation

Also move to the Philippines Regional Discussion Board to help you with processing particular to the Philippines here:

Philippines Regional Discussion

Sorry to hear of your difficulties but it is not uncommon!!!!

Happens to many filipinas every day going thru the process.

If you can provide documentation showing everything was dismissed....you should be ok...as long as you do not lie!!!!!

The NBI tells you correctly.....you must wait on the letter from the USEM then take it to the NBI for processing.

Also...if you have an apartment/condo in Manila...give that address to Air21 and they will deliver the visa there.

Don't bother becoming upset with USEM...it will not help......might even cause them to move slower on your case!!!!

Our experience is.....you can do very little to "make this happen".....

Edited October 9, 2010 by garysworld n ana

[pataoav 0]

your case might be under review..my fiance was asked to submit addtional documents (certificate of singleness and NBI clearance of his alias) it took them 3 weeks, after they received the documents , to review the case and approve it. i was also upset and almost gave up with the waiting but just keep on calling US embassy in Manila so they would know that your doing follow ups and they enter all the phonecalls they receive in their system.. goodluck to both of u

[Tahoma 2,291]

You bought the plane tickets before the visa was in-hand. Good luck with that one!

[BigFig94 0]

You bought the plane tickets before the visa was in-hand. Good luck with that one!

Yes I did and that was my choice based on the fact that we had everything covered but who knew how inefficient the NBI was? The fact they do such a poor job at communicating the proper information will cost me money and that is compounded by the fact they are so poorly staffed and cannot process the necessary paperwork in a timely fashion.

This could easily be avoided if the NBI would write on the initial clearance that the applicant needs to contact NBI for interview and final determination. Why in Gods name would they write "NO CRIMINAL RECORD?" Don't you think this is counter-productive and a waste of time and resources for the NBI, US Embassy and the applicants? Complete bureaucratic nonsense that could be avoided by being clear on what needs to be done.

[SuperDuper! 230]

Hope you catch a break somewhere in this horrible bureaucratic system. But really, the multiple warnings AGAINST booking air travel plans BEFORE the visa is issued ARE made for GOOD reason.

In your instance, a good immigration atty MIGHT be worth his salt to clear things up and GET YOU TWO TOGETHER AT LAST.

Good Luck, and GoGoGadget!

[jgmes 0]

Yes I did and that was my choice based on the fact that we had everything covered but who knew how inefficient the NBI was? The fact they do such a poor job at communicating the proper information will cost me money and that is compounded by the fact they are so poorly staffed and cannot process the necessary paperwork in a timely fashion.

This could easily be avoided if the NBI would write on the initial clearance that the applicant needs to contact NBI for interview and final determination. Why in Gods name would they write "NO CRIMINAL RECORD?" Don't you think this is counter-productive and a waste of time and resources for the NBI, US Embassy and the applicants? Complete bureaucratic nonsense that could be avoided by being clear on what needs to be done.

@BigFig94

Unfortunately this information is out there, but you gotta read the fine print from USEM's website.

http://manila.usembassy.gov/wwwh3217.html

4. NBI CLEARANCE: Applicants aged 16 years and older must have a valid Record Clearance for Travel Abroad Purposes from the National Bureau of Investigation (NBI). Clearances should be in the applicant’s current name, birth certificate name, maiden name, married name, and any aliases or nicknames ever used, including different spellings of all names ever used. An official letter of explanation from the NBI is required for any notation of “No criminal record”, "No pending criminal case” or “With derogatory record.” For immigration purposes, an NBI clearance is considered valid only for one year from the date it is issued. The NBI Clearance Center is located at 5th Floor, Victory Central Mall, Old Victory Compound, Rizal Avenue, Monumento, Caloocan City. You may contact NBI at (632) 523-82-31 to 38. The NBI web site is http://www.nbi.gov.ph.

Wish they had the process laid out on how to obtain the "Letter of Explaination" however.

My wife and I are in a similar situation. She had her interview on 10/1/10 and her NBI clearance also shows "No Crimanal Record" for a dismissed case in her teens. We knew come interview time we would need this "Letter of Explanation" so we had sent all her court documents in when we filed our IV package to the NVC, in hopes that this would be enough. It's not, however during the interview they only asked about the circumstance of the case and nothing more. Guess it helped in that regard.

I've searched the net trying to find timelines/process on how to get this done quickly but there is no way to really speed this up. "Getting a lawyer would just be a waste of money, they'll likely make the same inquiry's and get the same responses you are, adding to your frustrations". From my own post on this a "couple" @gary n ana had a 6 week time line before his wife received her visa back in July 2010. I'd expect that we are looking at the same amount of time before my wife gets hers.

I highly doubt you'll make the 14th deadline of your flight, because even when the "Letter of Explanation" is processed the NBI sends it to USEM on Friday's only and then it has to be processed further. If money/time is not an object you'll probably want to extend your stay for some time and likely get a visa yourself to extend your stay, "without a visa you can only stay 21 days". From what I remember this can be extended up to 50 some odd days.

Keep in mind you're in the Philippines, things never move quickly. Hope things move along quickly for you and if you find a secret to expedite this process I'm all ears.

Cheers,

J

[jay120 0]

Nothing you can do here...

" NO CRIMINAL RECORD " on your NBI spells TROUBLE for your visa approval...

It goes like this...

If you got a 'No Criminal Record' on your NBI and you paid a visit to NBI for another clearance before your interview, they'll tell you that it will be the job of the embassy to make that request. So you'll go ahead with the interview and the embassy will open this issue up.. Never ever lie... tell them what happened, you must be prepared for an explanation... provide all court documents... if you have some jaywalking records or anything that will reflect to your NBI, tell the embassy.

You will then wait for the embassy to write you a letter to visit NBI. This will take 2-4weeks. After getting this letter, go to NBI, bring all your court records and prepare xerox copies of your documents... no copiers near NBI. After that, NBI will forward the clearance to US embassy... and you just have to wait for your visa. 2or more weeks.

[Markieboy 104]

Keep in mind you're in the Philippines, things never move quickly. Hope things move along quickly for you and if you find a secret to expedite this process I'm all ears.

Absolutely correct!

The NBI, like all other government offices in the Philippines, is 99.9% corrupt. Believe me, I've had years of dealing with gov employees. From LTO to NSO to NBI, they are basically all the same. Your patience to laziness and ignorance will definitely be tested.

There are ways to expedite the process. You just have to use your imagination.

[jgmes 0]

@BigFig

Wanted to post an update for ya via my orginal topic for this same issue. Ended up taking us 2 1/2 weeks to have the letter of explanation processed. For details I've attached the link to my post. Hope things work out for you too.

http://www.visajourney.com/forums/topic/277267-221g-timeline-for-nbi-lettor-of-explanation/page__st__15__gopid__4278436

[Tahoma 2,291]

There are ways to expedite the process. You just have to use your imagination.

^^^ :

@BigFig94...You are a K-1 and your timeline shows that you were married on November 1, yet you arrived in the U.S. on November 4. Did you end up getting married in the Philippines?

[Grey 0]

What should be the remarks written on NBI Clearance if its not. "NO CRIMINAL RECORD" I read my beneficiary NBI written was "NO RECORD ON FILE" is that would have a problem too? I am a little confused...Anyway my fiancee working in MAcau and she will be attending the interview in Hong Kong...

[aurora07 6]

^^^ "NO RECORD ON FILE" is what they are looking for. No need to worry =)