Embassy MNL ignores legit expedite

[TYPHOONBOB 5]

First and foremost, thanks for reading and possibly advising.  We are married, living in the Philippines together since 2017, never left and am on a spouse visa as an American living abroad, we have a US CRBA son age 6 and own property, bank accounts, credit, literally everything is both names.  In the past week had a week overlap which was from a prior divorce, the overlap happened because of an attorney error, already addressed and flushed the old application, we remarried IMMEDIATELY Utah together on our sofa yet USCIS still wanted us to start over, we had gotten to the last interview without knowing about rhe overlap since my paperwork from divorce was bifurcated I didnt give dates any thought until they informed us at the embassy we needed to amend at uscis or refile.  All this was 2023 and was with expedite.

 

Now, 2025 we hired an attorney to deal with it since my health is failing, my wife's tumor is huge and our son doesn't know a word of tagalog AND I have a job offer that expires in October that I am to be physically there for appointments.  

 

First they emailed the MNL embassy for DCF request, then they FEDEX the same request a month ago, all have been ignored.

 

I want to bring docs and follow protocol to meet in person at the embassy but I cant seem to get a way in or figure out how to compel them to respond to the obvious life or death situation, we have 2 letters, one for me, one from my wife doctor, her case they cant treat here blah blah, same with mine. 

 

Any ideas?

[Lemonslice 5,150]

2 hours ago, TYPHOONBOB said:

First and foremost, thanks for reading and possibly advising.  We are married, living in the Philippines together since 2017, never left and am on a spouse visa as an American living abroad, we have a US CRBA son age 6 and own property, bank accounts, credit, literally everything is both names.  In the past week had a week overlap which was from a prior divorce, the overlap happened because of an attorney error, already addressed and flushed the old application, we remarried IMMEDIATELY Utah together on our sofa yet USCIS still wanted us to start over, we had gotten to the last interview without knowing about rhe overlap since my paperwork from divorce was bifurcated I didnt give dates any thought until they informed us at the embassy we needed to amend at uscis or refile.  All this was 2023 and was with expedite.

 

Now, 2025 we hired an attorney to deal with it since my health is failing, my wife's tumor is huge and our son doesn't know a word of tagalog AND I have a job offer that expires in October that I am to be physically there for appointments.  

 

First they emailed the MNL embassy for DCF request, then they FEDEX the same request a month ago, all have been ignored.

 

I want to bring docs and follow protocol to meet in person at the embassy but I cant seem to get a way in or figure out how to compel them to respond to the obvious life or death situation, we have 2 letters, one for me, one from my wife doctor, her case they cant treat here blah blah, same with mine. 

 

Any ideas?

 

I think they might be wondering why you did not return to the USA for treatments in the past two years.  As much as they can expedite, it is still longer than a flight back home.  You might have to pick up and leave before your spouse, if it is a life and death situation.  

[TYPHOONBOB 5]

9 minutes ago, Lemonslice said:

 

I think they might be wondering why you did not return to the USA for treatments in the past two years.  As much as they can expedite, it is still longer than a flight back home.  You might have to pick up and leave before your spouse, if it is a life and death situation.  

Because we are one, we have not been apart and its detrimental to our son, he has severe latchkey issues, besides the letter is for my wife and her treatment is not available in the Philippines as noted by her Philippines physician.  I could return but it creates a hardship because we are dependent on each other in a wildly personal way that I dont necessarily wish to convey here, lets just say we have separation issues and it is well documented by my doc of 25 yrs and my psychology doc here of 5 yrs.  Returning would pose a safety issue for me, and my family. Our son, right or wrong doesn't know tagalog and wouldn't travel without her, he panics when she is not even in the house.

 

Anyway, just know id love to just leave, that'd be easy... but I will not separate for any government, no way.  

[Boiler 46,919]

Very unusual for an expedite to be approved based on the medical issues of the beneficiary.

 

Just to get it right you married before you divorce had been completed, filed an I 130 that was refused because your marriage was not valued.

 

You remarried, then what did you file another I 130 or are you going DCF?

[Lemonslice 5,150]

2 minutes ago, TYPHOONBOB said:

Because we are one, we have not been apart and its detrimental to our son, he has severe latchkey issues, besides the letter is for my wife and her treatment is not available in the Philippines as noted by her Philippines physician.  I could return but it creates a hardship because we are dependent on each other in a wildly personal way that I dont necessarily wish to convey here, lets just say we have separation issues and it is well documented by my doc of 25 yrs and my psychology doc here of 5 yrs.  Returning would pose a safety issue for me, and my family. Our son, right or wrong doesn't know tagalog and wouldn't travel without her, he panics when she is not even in the house.

 

Anyway, just know id love to just leave, that'd be easy... but I will not separate for any government, no way.  

I understand what you are saying, but they probably have communication from all of your requests over the years, and will wonder "what is urgent now?"

 

Right or wrong, you will have to convince them.

 

Best of luck to you and your family. 

[TYPHOONBOB 5]

13 minutes ago, Boiler said:

Very unusual for an expedite to be approved based on the medical issues of the beneficiary.

 

Just to get it right you married before you divorce had been completed, filed an I 130 that was refused because your marriage was not valued.

 

You remarried, then what did you file another I 130 or are you going DCF?

To be clearer, PD 2021, expedited after DQ May 2023 and medical and interview July... during the interview she asked about something I didnt know the difference of, a divorce decree vs stamped divorce paperwork, there was a signed by Judge date a week after we were given an all clear by my useless attorney.  My divorce was brutal and 2 yrs, hence why it was bifurcated, the settlement involved substantial capitol.  Anyway it was to be amended, MNL called me to say we did nothing wrong and to simply hopefully amend at uscis since upon discovery we immediately married again to show commitment.  Fast forward ... uscis revoked we were advised to let it die, and to start over on a EXCEPTIONAL circumstance.  I have not had communication with the embassy in over a year, the prior time was when I asked for my docs back but that was it.  There were no long chains of emails, just now with the attorney.  We qualify in every aspect of DCF, if for no other reason than my wife.  I would post picture but its not in good taste.

 

So, simply not answering a fedex or email is reprehensible, inhumane. 

[TYPHOONBOB 5]

23 minutes ago, Lemonslice said:

I understand what you are saying, but they probably have communication from all of your requests over the years, and will wonder "what is urgent now?"

 

Right or wrong, you will have to convince them.

 

Best of luck to you and your family. 

Thanks... i want to know how to get in,  speak to them.  After the overlap I got some treatment but not all, we settled in, we had contracted in 2020 ro build a home and paid for it in 5 yrs, construction was escrowed with MegaWorld and we just signed off on order to construct.  We had a good year and left the past behind ... that is until this myoma she has swelled to what looks like 8 months pregnant.  The paradigm shifted back to expedite rather than simply filing again, thats why we hired this so called DCF attorney... and option 2 is he will file at the field office in Tampa, and walk it through in a rather of months. 

 

That's why I'm asking where I can go to bring the actual i130 as I understand it must be done in person, then they decide.  The fedex.was incomplete .. only had the request.  

[Dashinka 25,467]

1 hour ago, TYPHOONBOB said:

Thanks... i want to know how to get in,  speak to them.  After the overlap I got some treatment but not all, we settled in, we had contracted in 2020 ro build a home and paid for it in 5 yrs, construction was escrowed with MegaWorld and we just signed off on order to construct.  We had a good year and left the past behind ... that is until this myoma she has swelled to what looks like 8 months pregnant.  The paradigm shifted back to expedite rather than simply filing again, thats why we hired this so called DCF attorney... and option 2 is he will file at the field office in Tampa, and walk it through in a rather of months. 

 

That's why I'm asking where I can go to bring the actual i130 as I understand it must be done in person, then they decide.  The fedex.was incomplete .. only had the request.  

So you have an active I130 filed with USCIS?  I have not heard of a successful case of transferring an I130 that has already been filed at USCIS to a consulate.

[JeanneAdil 6,905]

4 hours ago, TYPHOONBOB said:

Thanks... i want to know how to get in,  speak to them.  After the overlap I got some treatment but not all, we settled in, we had contracted in 2020 ro build a home and paid for it in 5 yrs, construction was escrowed with MegaWorld and we just signed off on order to construct.  We had a good year and left the past behind ... that is until this myoma she has swelled to what looks like 8 months pregnant.  The paradigm shifted back to expedite rather than simply filing again, thats why we hired this so called DCF attorney... and option 2 is he will file at the field office in Tampa, and walk it through in a rather of months. 

 

That's why I'm asking where I can go to bring the actual i130 as I understand it must be done in person, then they decide.  The fedex.was incomplete .. only had the request.  

I 130 for spouse is not filed at US office and even if expedited would not be walked thru in months

 

DFC is filed at embassy 

normal I 130 is mailed to US lockbox 

 

Original I 130 had expedite / that one is no longer a case

and so far, you have not filed a new one?  If not, there is not a case to expedite

Edited May 1 by JeanneAdil

[Boiler 46,919]

2 hours ago, Dashinka said:

So you have an active I130 filed with USCIS?  I have not heard of a successful case of transferring an I130 that has already been filed at USCIS to a consulate.

It seems this case has been going on nearly a year so I assume that that an I 130 has been filed, at least the OP has a Lawyer.

[Dashinka 25,467]

3 hours ago, Dashinka said:

So you have an active I130 filed with USCIS?  I have not heard of a successful case of transferring an I130 that has already been filed at USCIS to a consulate.

To be clear, I meant transferring an active I130 with USCIS to a consulate for DCF.  Of course I130s will reach a consulate eventually during regular processing.

[TYPHOONBOB 5]

3 hours ago, Boiler said:

It seems this case has been going on nearly a year so I assume that that an I 130 has been filed, at least the OP has a Lawyer.

 

2 hours ago, Dashinka said:

To be clear, I meant transferring an active I130 with USCIS to a consulate for DCF.  Of course I130s will reach a consulate eventually during regular processing.

I'm sorry if I was not clear enough, it took USCIS almost 8 months to finally close & revoke.  We had a death (my mom), some illnesses (me), treatment that just cant seem to be managed here... so we tried to just deal with our mess, take a break from the highly stressful mess, and focus on our little family... that is until my wifes myoma has gotten unbelievably big, hysterectomy here, vs medicine and less invasive in Florida, its a medicine not available in the Philippines btw...and she's 35.  Anyway, we did a great job with explaining the overlap and all that.  I hired this attorney Mr Manny of Manny, Gordon, Zeller... for specific DCF and I'm kind of frustrated he didnt send MNL the request and include all the doc, ie complete package for them to decide, all he included was request, reasoning, doc letter for my wife and that I'm a long time resident on a spouse visa.  

 

His plan now is DCF and send the complete package since MNL has ignored an email and 2 weeks later a fedex, not a peep not a decline, not an acknowledgement, nothing...

 

So in summary there is no case to expedite, if the DCF fails they will take it to USCIS field office in Tampa and figuratively walk it through the process by following it with people they know there until its accepted, then expedite, then NVC blah blah... 

 

I'm sorry, this is very hard to explain in detail.  

[TYPHOONBOB 5]

3 hours ago, Boiler said:

It seems this case has been going on nearly a year so I assume that that an I 130 has been filed, at least the OP has a Lawyer.

Yes we do thanks, I really didnt want to hire one but, they can navigate better in theory.  It's so easy to do your own and frankly giving them the answers on their answer sheet to fill out at their office was harder than logging in USCIS and doing it all online.  It is what it is... 

[Dashinka 25,467]

17 minutes ago, TYPHOONBOB said:

 

I'm sorry if I was not clear enough, it took USCIS almost 8 months to finally close & revoke.  We had a death (my mom), some illnesses (me), treatment that just cant seem to be managed here... so we tried to just deal with our mess, take a break from the highly stressful mess, and focus on our little family... that is until my wifes myoma has gotten unbelievably big, hysterectomy here, vs medicine and less invasive in Florida, its a medicine not available in the Philippines btw...and she's 35.  Anyway, we did a great job with explaining the overlap and all that.  I hired this attorney Mr Manny of Manny, Gordon, Zeller... for specific DCF and I'm kind of frustrated he didnt send MNL the request and include all the doc, ie complete package for them to decide, all he included was request, reasoning, doc letter for my wife and that I'm a long time resident on a spouse visa.  

 

His plan now is DCF and send the complete package since MNL has ignored an email and 2 weeks later a fedex, not a peep not a decline, not an acknowledgement, nothing...

 

So in summary there is no case to expedite, if the DCF fails they will take it to USCIS field office in Tampa and figuratively walk it through the process by following it with people they know there until its accepted, then expedite, then NVC blah blah... 

 

I'm sorry, this is very hard to explain in detail.  

OK, so it seems you are requesting a DCF based on your wife/beneficiary?  Might be a tough climb.  Earlier you said you have a job offer upcoming.  You need to base the DCF request on that.  Still may not work, but more likely as generally DCF requests are based on the petitioner's situation.  I will leave my comments as to the lawyer to myself other than my overall feeling of if a lawyer (or visa service) claims they can speed things through the system, I would never use them.

 

Good Luck!

[appleblossom 3,887]

20 minutes ago, TYPHOONBOB said:

So in summary there is no case to expedite, if the DCF fails they will take it to USCIS field office in Tampa and figuratively walk it through the process by following it with people they know there until its accepted, then expedite, then NVC blah blah... 

 

 

OK, so there is no current I-130 that has been filed? I’d think your chances of DCF are very good then, but based on the job offer rather than your wife’s health (as said above, usually only the petitioners health is relevant). 

 

If DCF fails then taking it to an office is Tampa is pointless, it just needs to be filed and then expedited - and don’t forget you must also expedite at each other stage i.e. with NVC and the consulate for interview.

 

 

Edited May 1 by appleblossom