K1 case with US Citizen child stuck at NVC

[Lyn84 9]

Long post ahead*

 

Hello guys!

 

This is Lyn, the beneficiary.  I would like to seek some advice here or tell us about our case.  My fiancè and I has a 1 year old daughter, we are currently here in Manila since last week of July.  We have been waiting for my interview sched and even emailed NVC and  Embassy Manila at least twice to expedite our case and we also had called them but we got no luck.  NVC won't forward our case to embassy coz they have not resumed their routine visa services. Embassy then sent a response to us that they can't do anything for us until they have our case from NVC and that they have no jurisdiction of it yet.  But one of their replies to us was that they have noted us for interview but can't provide a date yet.

My fiancè went back to US just last Oct for work as a nurse plus his savings were getting low and gladly after a week he got his job at a covid nursing home facility. He was hoping that he could bring us with him to America this year that is why he stayed here with us.  He was here since Dec. 14, 2019 then covid came so he chose to stay longer until October in order to help me with stuff as there are restrictions that I cannot do outside with the baby like groceries plus he was worried.  Lockdown was still new at that time.  I have no relatives with me especially with the lockdown situation.  

After all our inquiries, emails, calls to NVC and US Embassy and we got nothing but wait.  Depression and frustration especially for him being away from me again three times since pregnancy and now he's missing our baby's growth, he's worried of her development coz of this lockdown. 

Bringing her in America with him was an option but nobody is going to take care of our daughter while working. His mom and bros are working too.  (Our daughter by the way is already a US citizen(dual) with passports from both countries, we completed the CRBA last January, 2020.

He plans if we can visit him and his momma in US as a tourist while we wait for my interview for holidays and for our daughter's 2nd birthday to be held.  And also in order for his momma to spend time with me and her granddaughter. So I called US embassy Manila customer service 2 days ago to check if we can apply for tourist visa with a waiting K1 interview sched. And the customer service said yes I can apply after she put me on hold to "check her resources". 

I am not sure about this bec when the times we called NVC and US Embassy Manila, they were very nice and told us yes our case should be expedited but email response is different.

Anyways my questions are, is it okay to send an expedite request again to NVC for the 3rd time.  And second question, what is my chance of getting a tourist visa? I am unemployed since 2019 after I gave birth, no properties etc, only thing I would come back is for my K1 Visa interview.  I told these also to the cust Rep in Manila Embassy.

 

Thanks a lot! 

[Chancy 6,241]

49 minutes ago, Lyn84 said:

My fiancè and I has a 1 year old daughter, we are currently here in Manila since last week of July.  We have been waiting for my interview sched and even emailed NVC and  Embassy Manila at least twice to expedite our case and we also had called them but we got no luck.

 

Do you already know your case number from NVC?  What reason did you use to request for expedite?  USEM told another VJ member that they are accepting expedite requests for K1 applicants who have a US citizen minor child.  If you already have your case number, send your expedite request to USEM, not NVC.

 

56 minutes ago, Lyn84 said:

what is my chance of getting a tourist visa? I am unemployed since 2019 after I gave birth, no properties etc, only thing I would come back is for my K1 Visa interview.

 

USEM still have not resumed routine tourist visa services.  Although you may submit your application now, it would be pointless as you cannot get an interview until they resume services.  Even after those services resume, your odds of getting a tourist visa is close to zero.  According to US law, to be granted a tourist visa, you need to convince the consul officer that you do not have immigrant intent.  With a pending K1 case and no ties to the Philippines, that would be an impossible hurdle for you to overcome.

 

[Lyn84 9]

2 hours ago, Chancy said:

 

Do you already know your case number from NVC?  What reason did you use to request for expedite?  USEM told another VJ member that they are accepting expedite requests for K1 applicants who have a US citizen minor child.  If you already have your case number, send your expedite request to USEM, not NVC.

 

 

USEM still have not resumed routine tourist visa services.  Although you may submit your application now, it would be pointless as you cannot get an interview until they resume services.  Even after those services resume, your odds of getting a tourist visa is close to zero.  According to US law, to be granted a tourist visa, you need to convince the consul officer that you do not have immigrant intent.  With a pending K1 case and no ties to the Philippines, that would be an impossible hurdle for you to overcome.

 

Hi Chancy,

 

Yes we do have our case number, we sent an inquiry to NVC in August at first, that was after 30 days of waiting from the approval time from USCIS. We were just checking the status of our case since we have not heard from them. Their response was that they can't send our case to US Embassy Manila coz their routine services are suspended. But they never gave our case number. 

So we sent an email to US Embassy Manila, pertaining our case to also see if were qualified for emergency, at first they did not understand so we sent another email to embassy in detailed and they replied to us that they noted our case for interview but can't provide a date.  We got our case number from the subject heading of the US Embassy's response.  We assume it is our case number it says MNL2020******K1.

 

We have been going back and forth in sending emails from August to October. We only got the same response looks like a template from NVC.  Then last Sept we received an automated email from US Embassy service desk that they have closed our inquiry back in August.

 

Yeah regarding the tourist visa, I am not confident of my case, have no ties for me to go back here even though I have travelled outside Phils twice l, still I am not sure.  But the cust Rep said that yes I can apply.  I don't know maybe it is a little different now bec of the delays due to an unforseen event (covid).

[flicks1998 1,044]

I agree with Chancy.  Dont waste the time and money on the tourist visa.  You need to get NVC to somehow forward your case to USEM.  Once USEM gets your case, they will give you an expedite interview, but note "expedite" means probably 6-12 weeks into the future.  My fiance has an expedite interview on December 3rd and I wrote to USEM in September asking for this based on myself having a US citizen child, plus part of my work involves COVID vaccine etc. I sent documentary evidence on both cases to them.  My son is not the child of my fiance though but I have custody of him and at the moment he is sitting on his butt doing nothing in the Philippines.  I arrive back on the 29th of November to put some structure that he is sorely lacking.  

 

If you write to NVC attached your children's US passport and CBRA (it seems you have two kids), so send both.  If you dont have both send whatever you have and push them.  I was living in the PI for a long time and only returned to the US for my sons schooling, I told USEM this in my email to them and also told him he will miss the entire 2nd grade as I will not put him in school anymore there.  USEM never responded to me, but they did write to my fiance a month later from when I wrote. 

[Lyn84 9]

Hi flicks1998,

 

Thank you for sharing your experience.  I am happy to hear that she got an interview date which gives us hope for our case.  We don't care when our interview date for as long as there is already a set or specific date.  At least we have something to look forward to, waiting for uncertainty when, is depressing but have to wait for them. 

We tried all that, the last email we had sent was to NVC attaching our daughter's passport and her CRBA (I only have one (1) child).  But before we emailed NVC, we called them first then was asked to send another expedite request but was warned that we will probably get the same response in that case we should contact embassy which we did but nothing.  All they say is that they can't do anything until NVC forwards our case to them.  

And yes, we also suggested politely in an email if they can request to NVC to forward our papers but they said they have no jurisdiction to that.  So it is like NVC can't forward coz embassy has suspended routine visas on the other hand embassy can't do anything until NVC forwards it to them. 

Anyhow, the tourist visa thing is just out of frustration, we would try anything just not to be apart while we are waiting for my interview sched, especially for him and our daughter since we don't really know when things are going to start again. He kept quitting his nursing job to be with us plus he has to support us here money wise while he's working where he also has expenses.  We couldn't get ahead if he keeps quitting his job, he plans on working more till 2021.  Apparently working in covid has an advantage in his field.  Thanks for the advice. 

Maybe we will try again in sending an email to NVC since he's already back working, it might make a difference now. 

I don't know if they've read our emails or if they have understood or maybe we just don't know how to compose an expedite letter request. All they sent to us was like a general template that is copied and pasted then made some additional info. Do you think it is fine if we address it to a supervisor at NVC?

Edited November 20, 2020 by Lyn84
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