KTMguy

Im really confused! I found out last night that my finacee signed a waiver form after her second interview. She didnt know what it was until last night when I showed her the form. I called the for an update on our case and the operator said there was talk of a waiver in the notes. She said yes a waiver was added to the medical when it was sent to the CDC. I thought I had to fill out the waiver? I never have received anything about us being in the waiver process. I was also told by the Embassy that our case was sent to the CDC for an advisory. Why would they send a I-601 with it? Would the counselor fill out the form for us and then submit it or does the CDC have to approve a waivers in medical case before we can be offered it?

I have been doing some research about waivers and it seems like health waiver are different then criminal or overstay waivers were you have to prove extreme hardship to get them approved. Medical waivers are also approved or denied by the CDC from what I have read. Has anybody here done a health waiver? It looks like if you are offered a waiver for health reasons you would submit an I-601 to the counselor and they would send it to the CDC. I have not read anywhere that you have to prove extreme hardship with medical waivers the conditions are as I understand it is that if they approve your waiver is to follow what CDC makes as a recordation on how to handle the health problem but im unsure. I’m no lawyer and some of the legal stuff is hard to translate. I have talked to several lawyers but they seem to have never have done a Health related waiver. Can anybody help me understand the procedures of a health waiver?

greetings

can they do anything if you go and marry her instead?

I can marry her with no problems but we will still have the St. Lukes medical report and the issue that has casued us with the Embassy and getting a visa. The only option I have if we cant over come this is for me to move there and that is my plan in the future but that is after my kids are out of school and they are on there own.....about 15 to 20 years way.

I think a waiver is in my future and I was wondering if my waiver is denied are you allowed to submit another waiver again or are wiaver only allowed when offered to you. Also if a waiver fails can I restart the K1 or K3 process, submit a waiver at the same time and alos be prepared to disprove the reason for the denial or would it be easier to admit untrue guilt to what they think and seek treatment on behalf of my fiancée? I’m just trying to be prepared for the worst so at least I know my options. I think I have a very good case for a waiver approval though!

That's good news you have about them just getting an advisory for an approval... They're not sending back the entire petition for revocation... However... when this medical exam was done, was there a choice of doctors? Are there more than 1? If you're willing to pay the fee, have many doctors look at it and tell what they think... Just how bad medical advice is sometimes given in the states, you can go get a second opinion from a doctor.

Morocco4ever, you're a very strong woman and I admire it, thanks for your information.

Thx Icy...but I have my moments I break down and fall apart...lol

I do think you are right though, I don't think they sent it back to the CIS. This is good news! I am guessing that they issued the 212 but because it was so long ago they kept the passport because they know it will still be approved after the review. Of course, remember, this is just my guess. Just keep strong, call the DOS for status updates, gather up all the evidence you can think of to prove that this incident happened as you stated, and it sounds more importantly WHEN it happened. Gather letters from people that can testify that she is mentally stable from as many people as you can. Even get an independent evaluation done. Who knows, maybe this is all going to be unnecessary, but it is better to be over prepared.

I really want to give them another opinion but I’m unsure how to get that to the embassy. It seems like our chance to do that passed with her last interview. If I had known what the interview was about I would have defiantly tried to offer another doctors opinion to the counselor. Maybe they will ask her to come back when the advisory comes back with an answer but at that point maybe it’s too late to change the decision if it’s not in our favor anyway. Unless we are offered the waiver and a waiver is not going to prove anything about my fiancee mental state that justs an attempt to show how much loosing her will affect my kids life and my life. I have been talking with my senator about this and she is trying to find out what is happening. It doesn’t seem fair to judge someone on what one doctor thinks there history is without knowing there current health too and a 25 minute interview with a physiologist is not long enough to evaluate the past, present or future. I wish there is someway I could get them to allow us another interview to prove her condition is not what they think. I have known her almost three years and never have I thought she had any sort of mental problems. She is always up beat and thinks positive. Even now she is thinking positive but I tell you the truth it’s hard for me to think real positive. It’s a real rollercoaster ride of ups and downs right now. I’m going to need to see a doctor pretty soon and probably should just incase this comes back as a waiver. Probably should have my kids go too. They were really disappointed to hear she wasn’t able to come yet and I had to prepare them for the worst too so I told them she may not be able to come to the US.

Hello all,

I’m back. I went to the Embassy last week and what I found out is that my fiancées medical report was electronically sent back to the US for what is called an advisory. The person at the embassy that helped me said that this means it will come back approved or they will probably offer a waiver. I tried to get some info as to what her medical said but they wouldn’t comment on that but they did tell me the only evidence they had was the medical report for St. Lukes. He did tell me the problem was that she slashed her wrist. I said slashed her wrist! Then I grab my fiancees arm and held to the window and asked does this look like a slashed wrist. He just shook his head in a no fashon and said I dont know what to tell you but you need to wait for the advisory answer. It didnt seem like I could change the course of things so im hoping for an approval but if we are offered a waiver can anyone tell me what we are in for and how long they take to process. I was told I have a very good case for a waiver approval. It still strange what happen here because everything I read says that she should have been rejected on the spot and handed her passport and papers back. So im still sure there must be some doubt as to what happened with her scars. I have also been doing some search around to see if I could find a similar case and I did. It was even at the Manila embassy. This person had tried to take there life serveral times and it was documented with doctors reports. Of course they were denied but they tried a I-601 waiver and it was rejected too. I read the reason for the waiver rejection and it stated by the guide lines set up by the Centers of disease contol to be considered in remmisson you have to be free of mental episodes for 5 years. The time period there trying to say my fiancee slashed her wrist was 15 years ago. This case happend last year and by what I read they should approve our petition but I bet they will go hard safe route....a waiver!

Well I had no problem getting by the gaurds at the embassy and they even allowed my fiancee to enter without a problem. All the gaurds were filipino and when I got in I didnt see any americans working there. They were all filipinos but I guess because they were filipinos does not mean that they were not american citizens. It just seemed wierd not to see one white person there.

Just got off the phone and there has been an update to our case......of course this is after I back here in the US but it looks like they are offering me a waiver (I-601). I don’t understand this whole waiver process so any advice or guidance would be appreciated.

I was mislead by the person I talked to about the update to our case. I called again today to recheck what I was told by the operator yesterday about the wavier becasue she sounded unsure about what she was saying. The operator today said that the case is still in work and there is nothing about a waiver yet but I would still like to here about any cases or waivers with mental illness that dealt with suicide attemps or hurting one self and beating the 212. I need to prepare for the fight I think because they seem not to want to let us get a second opinion or allow a more through mental testing.

Thanks

Just got off the phone and there has been an update to our case......of course this is after I back here in the US but it looks like they are offering me a waiver (I-601). I don’t understand this whole waiver process so any advice or guidance would be appreciated.

Hello all,

I’m back. I went to the Embassy last week and what I found out is that my fiancées medical report was electronically sent back to the US for what is called an advisory. The person at the embassy that helped me said that this means it will come back approved or they will probably offer a waiver. I tried to get some info as to what her medical said but they wouldn’t comment on that but they did tell me the only evidence they had was the medical report for St. Lukes. So im hoping for an approval but if we are offered a waiver can anyone tell me what we are in for and how long they take to process. I was told I have a very good case for a waiver approval.

You know I found it very strange at the Embassy because all I could see were philipinos working there. From the gaurd to the person that helped me at the window they were all philipinos. The only americans were in the waiting area with me waiting there turn at one of the windows.

I just got a ray of hope!! I have been calling all week to find out the status of the petition because I wanted to make sure her petition had not left Manila. All week there have been no updates....which is a good sign. Today i called and there is an up date! It sounds like they want futher medical proof. So that alines with what I have been saying"there much be a doubt" other wise this was grounds for all out denial. Im feel a bit better know we have a chance so next week im meeting with embassy to find out what they need and we are off to the best doctor I can find there!

Originally I thought this was a 221g, but you said it was a 212. Are you sure? A 212 is more serious, and you will need to work immediately on an appeal. Have you looked at the link concerning 212's? I don't have it off hand, but you need to read it.

Yes im sure it is a 212 but the weird part is that they didn’t just denier her. When I read about 212 problems most all are flat out denials. The Embassy commented about her condition being a very long time ago but he still can’t approve it. So he was talking about the time period when her husband and son died im sure. Which was about 14 year’s age. Most of the scars she has happened after that time period but she does not have a whole bunch and they are not on her wrist. She has never showed me a behavior that would make me believe she would hurt her self or another. She did say when the doctors saw the scars they said.....you have scars and bad thing happen in your life...you much have mental problems! It sounds like profiling to me and your guilty in there eyes already. There is a reason for all the scars and they all happened at different times but one happened right after her husband’s death. It involved the mother in law. She never liked my fiancée....she said she is to poor and she didn’t want her son to marry her. After her husband died the mother in law came to her home while she was at work and removed all of my fiancée and late husbands things and claimed them as hers. My fiancée was very mad! Who wouldn’t be but she didn’t have a physical fight with her. In the struggle to get her things she was cut. I think it was a kind of wrestling match to get back her things but imp insure of all the details. I will find out more when I get there. She told this story during her medical but I think she probably was being to honest about what happened. The others are typical accidents. The only ones that look strange are the ones on the upper part of her forearm. They are pretty straight and clean cuts. There are about four of them. This happen about 6 mos ago she tripped on a path that had roots coming out of it. Her foot caught the root and she fell forward on some broken glass. I saw her online shortly after it happened. Her knee was scraped and her shoe was damaged. I’m sure this happened just like she said and was not self inflicted but they are the only ones that could appear to be self inflicted. She had others there with her when it happened to so we could get a statement if needed. I wonder if the mother in law could have got wind of her getting the visa and wrote a letter or something to try and make trouble??

I have talked to a couple lawyers about this and they tell me since they didn’t deny her that they probably send this back for an advisory but it may not be that too. If it’s sent for an advisory then it will probably be eligible for a waiver. Which I hear waiver are hard to get approved and takes a good about of heart ship on my behalf. They won’t care what happens to her only me and my kids. Fortunately if it comes to that the lawyers say I have a good case but nothings for sure. If that does not work she is band from getting a visa forever. She will be labeled mentally ill! That doctor really screwed us!

I’m defiantly having my own mental issues right now!!! I’m so depressed about the out come. Our out look is not real bright and I hope to have better news when I return. I leave tonight for manila and im hope this is not the beginning of the end for us! She told me last night that she would wait there for me until I retire if I wanted her too. She just wants me to come visit her every year. I didn’t have the heart to tell her that I can’t live like that and my retirement is at lease 20 years away! Like I said before she is a good gal and does not deserve this.

This is a warning to all. If there is a mental review lie and don’t associate scars in a time period with tragedy even if that is when they happened and if they ask you about scars make them sound really innocent. My fiancée was a little too open and honest I think. She just didn’t want to lie she told be and now look what she got! Also none of the above my work because it sure feels like she just fit the scenario they wanted and already made judgment but if the truth can be associated with a possible destructive or abusive nature then it defiantly won’t help to be honest.

Originally I thought this was a 221g, but you said it was a 212. Are you sure? A 212 is more serious, and you will need to work immediately on an appeal. Have you looked at the link concerning 212's? I don't have it off hand, but you need to read it.

Morocco4ever,

I was told I can't file an appeal to a K1 only a K3. I thought about getting married while I am there if things dont look good for the K1 but the lawyers I talked to advised me not too and that its real important to get this fixed because she will be on file at the hospital and the embassy as ineligible becasue of mental condition. If I reaply with a K3 its will be near impossiable to fix this at that time. Let me know if you know different. I did get ahold of Ellis too. It took a call to bangkok and he was quite helpful.

Thanks

Thanks all.

You the she wasn’t even asked about wanting to hurt others or her self. This all started it seem because of a few scars on her arm and the fact that she lost a son and a husband. The question centered around manly her husband, son and if she was the sole provider of her daughter. It almost seems like she was profiled....scars, death, widowed and hard times = depression and self-abuse. There was no criminal record for her or anything I know except this that could have resulted in a diagnosis of a mental disorder.

Also she was not allone! There were many.... as she put it.... at St. Luke with the same problem but they were all denied but she was not yet. Which leads me to believe that there was not proof enough but the Embassy chose not to make the choice.

Bad times for us! My fiancee had her interview and only to find out that she is mentally ill. This was a shock to her and completely not true but this is what came for the 30 minute session with a phycologist at St. Lukes.

She was not denied the visa but they didnt approve it and the embassy decided to transfer the papers back to the US for final word. Which I hear is denied!

Here is what was mark on the paper she received for reason why....

You have a physical disorder that has led me to behavior that has posed a threat to the property, safety or welfare of other of yourself or others, and this behavior is likely to recure or lead to other harmful behavior.

Does this mean she can never be eligibible for a visa?

I knew I would get some great ideas here.

Thanks everyone

First let me say that I for one do believe that your girl is not a drug abuser. I have had first hand experience with the suspicions of these consulates. They take one innocent comment and change it into fraud, send your petition back, and cause you many months of misery from a total misunderstanding.

Now as far as the paper, they will not address the situation, which is wrong, but thats what they do. Ours simply states that it was sent back to the CIS for further review, no specifics as to why. We worked very hard to find out what it was, and our senators office finally got out of them that they doubt the validity of the reltionship. From what I have learned they have sent it back with a request to revoke the initial petition. This is a very time consumming process, and there are things you can do in the meantime while waiting. Of course my first suggestions stands, try to get them to change their minds before they send it back.

Step one, call you congressman or senators office. They have people someone that works with immigration, and as long as you get one that is willing to work with you then they can help greatly. They can unsure that the petition is sent back timely, and possibly give you a little more detail as to the reason.

Second, you need to file a FOIA (Freedom of Information Act). According to the website this takes 20 days to process, but due to backlogs they are taking much longer. I would plan on 6 months. I filed mine in December and they are just starting to work on it. With this they are suppose to give you notes from the consulate about the interview.

Third, and I think you need to think carefully about this, your fiance now has a record of a 221g. If you file a new petition again then it will show that there is a 221g that is unresolved. This one will be judged on that one as well, so what is the point?

There is a lawyer that frequents this website. He is highly skilled on returned petitions. I think his member name is Ellis_Island, or something similar. If you could do a search on his member name here in Visa Journey I am sure that he could help you. Of course he isn't free, but I find his rates to be very reasonable.

Again, I wish you the best of luck

Thank you. I have some more info.....my fiancee scaned and emailed me the paper she received when she left the embassy. It is a 212....now it say she is ineligible for a visa because of a mental disorder! Does that mean forever? Also the she never did get back any of her papers or passport and she was told that this would be sent back the US for the final approval or rejection. Why would she not be eliginle and still the petition is being sent back to the US? She saw many there getting denied but they all got there passports back....Im confused now! What is going on! Also her mental evaluation consisted of a 20 minute session and all the question were about her late husband and sons death.

Didn't you mention that she was required to go back to the embassy on Apr25th for a 2nd interview?

How did it go?

Regarding your question..Maybe you can tell them you have lost your passport and don't know what to do??

If you're confirmed that your case has been put on AR I don't think there's anything much you can do about it..they'll probably just tell you the same thing as they told you b4.

But anyway, good luck!

Thanks.

Click here to find out how the interview went!

http://www.visajourney.com/forums/index.php?showtopic=7361

Maybe you can look under American Citizen Services or something and see if anything strikes you. Like, you can say you need something notarized by an American notary or something. I really don't know what the consulate is like in Manila... sorry.

The other thing is... once inside, do you think they'll talk to you about your case?

Good luck!

That is where the letter from my senator comes in and she says once you in its no problem. Its the gaurds that are hard to deal with and the americans there will be very helpfull once im inside. My senator is emailing the consulate about our case too but nothing is forsure but she says she will try everything she can to make them talk with me if I have a problem. I found out that if the case gets sent back here for review it can take up to a year to get answer. So this is worth a try! The issue is not that big we just need a chance to bring proof.

Im heading to Manila this Friday in attempt to resolve the issue with my fiancee's visa. I talked with my senetor and she is going to give me a helping hand with this but she tells me the guards are very strick on who they let in and if I say im here for my fiancee's they wont let me enter. So im looking for some good sounding reasons to enter.

I was thinking something like my life was treatened but I want to here some other creative ideas.

Thanks

Here is the thread with my fiancee's visa issue

http://www.visajourney.com/forums/index.php?showtopic=7361

Thanks everyone. I assure everyone my fiancée is wrongfully diagnosed! She leads a very simple life in Cagayan De Oro with her daughter, mother, father and bothers. She never worked as a Bar Girl or hooker and she is very GOD fearing and respectable. She is a good gal. I have known her for three years and have visited her 5 times. She has had a few large trials in her life but she has overcome them just fine. I have never seen anything to make be believe or even question that would lead me to believe what St. lukes determined in a few hours with her. Yes the scars defiantly were the trigger and it was not the tattoo scar that caused them to wonder. It was the four on her lower arm that seemed to be the problem but hey stuff happens and there are only four. Plus you can tell they happened at the same time. So I would think having many of the same type of scars on your arms happening at different times would make you wonder but one time incident! Get real! No pattern there! If this trialed in a court of law they would laugh at evidence for this diagnoses but this is the embassy and you are guilty until proven innocent! Someone here commented that they believe some finds joy in causing problems for these women and I think they are right. Maybe its jealousy because they believe that these girls get the easy ticket to the US. I can only wonder! My fiancée when to St. lukes in a futile attempt to get help and while she was there she said many foreigners were there with there fiancées and they had same problem as us. So im not alone in this!

This sounds very much like what was on the paper she was given at the interview....

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior

There was nothing said on this paper about drug use as far as I know. Only time shabu came up was during the evaluation.

I’m at a crossroads here and not sure where to head with this. I talked with a couple Immigration lawyers yesterday and one told me to go there and the other told me that this will turn out to be a denial and the embassy probably won’t let me in to even talk about it. The one that said it was a denial actually has an office there in Manila so I guess his info is good but who can be sure. You hear so many different things. Now Morocco4ever said that he has seen people change the Embassy’s mind but The advice from the lawyer with the office in Manila said my best and fastest bet was to retract that petition and start over because if it gets sent back to the US there will be a long delay and probably rejection! Then I would have to start over anyway! I hate the sound of that after all this!

So im not sure what to do......spend the money for a trip to go to the Embassy and try to change there minds to give us another interview but I just got back four weeks ago and im not made of money and if it fails then I have to start spending again or do I cancel the petition, start over and prepare for St. lukes mental evaluation with our own doctors report or just sit back and wait to see what happens when the papers arrive here in the US. I’m almost thinking the second way is cheaper and maybe even quicker in the long run.

I’m not so sure that this is good. This is our second interview and she has passed the requirements for the visa. Our problem is St. Luke’s and there blanket response to suspected mental heath problems. My fiancée has no issues with her mental heath but she has a scare on her arm and that is what started this whole mess with the Embassy. When she went for her medical everything went well but the doctor saw the scare about half way up her arm. She has about four 1" slices in the fleshy part of the arm that happened when she fell on some glass last fall because of this they wanted to do a mental evaluation to make sure she is not suicidal. The other reason was that her husband died of cancer and also her oldest son died with complication at the hospital. This all happened a decade ago but they wanted to make sure she didn’t suffer from depression. No problem because she DOESNT and I know this for sure because my first wife had depression issues so im very familiar with it! I know that must have been a very bad time for her but she is a very happy caring person. She has a wonderful daughter to prove that but anyway she thought the talk with therapists went very well. She explains about her scare and that of course she was not happy to loose her husband and son at that time but she has no mental problems because of that. The report that was written made no mention of what my fiancee told the therapists! It only stated that she could be harmful to other and herself and it looked like a canned response that was not individualized at all. So at the interview they told her that per petition will be sent back to the US for further review and they will let her know about the visa.

I swear this process is set up to let you fail!! We could have prepared for this but the letter stating that she needed to go back for a second interview but told us nothing to prepare for. We could have had a second opinion if we would have known.

Has anybody out there had there petition sent back to the US like this? How long did it take? Is there anyway to fight this with a second opinion?

Was she issued the 221g? If so, what did it say? Did it say it is being sent back to the Department of Homeland Security, or the CIS for further review?

She did get a 221G on her first interview but no 221G this time. They just told her that her papers will be sent back to the US for review and to wait for a letter from them. I’m trying to find a flight to Manila that leaving tomorrow. I want to talk to the visa department personally and I’m also having my fiancee get another therapist to test her mental state so I can bring that as more proof that she has no mental issues. I warn others of this happening because there was another there waiting for her interview that had the same problem......scares and mental heath association! Her case was handled just like my fiancées.

A warning to all.....

If anybodys fiancee has any form of mental evauation it probibly would pay to bring another opionon to your interview besides the one given at St. Lukes just incase.

I’m not so sure that this is good. This is our second interview and she has passed the requirements for the visa. Our problem is St. Luke’s and there blanket response to suspected mental heath problems. My fiancée has no issues with her mental heath but she has a scare on her arm and that is what started this whole mess with the Embassy. When she went for her medical everything went well but the doctor saw the scare about half way up her arm. She has about four 1" slices in the fleshy part of the arm that happened when she fell on some glass last fall because of this they wanted to do a mental evaluation to make sure she is not suicidal. The other reason was that her husband died of cancer and also her oldest son died with complication at the hospital. This all happened a decade ago but they wanted to make sure she didn’t suffer from depression. No problem because she DOESNT and I know this for sure because my first wife had depression issues so im very familiar with it! I know that must have been a very bad time for her but she is a very happy caring person. She has a wonderful daughter to prove that but anyway she thought the talk with therapists went very well. She explains about her scare and that of course she was not happy to loose her husband and son at that time but she has no mental problems because of that. The report that was written made no mention of what my fiancee told the therapists! It only stated that she could be harmful to other and herself and it looked like a canned response that was not individualized at all. So at the interview they told her that per petition will be sent back to the US for further review and they will let her know about the visa.

I swear this process is set up to let you fail!! We could have prepared for this but the letter stating that she needed to go back for a second interview but told us nothing to prepare for. We could have had a second opinion if we would have known.

Has anybody out there had there petition sent back to the US like this? How long did it take? Is there anyway to fight this with a second opinion?

Well my fiancee just had her second interview and I was right the problem was because of the mental evauation! The second interview was no interview though! They asked her no question all they did was read the medical. The part about her mental evaluation. Then they said they will have to send her package to the US to see if they will let her have the visa. Has anybody else had a case like this? I have never heard anything like this. They usally give the visa or not but I never heard about a petition being sent to the US for evaluation of appoval!

The letter finally arrived and it’s not much help in telling us what the reason is for having a second interview. It basically says to show up for an interview on the 25th at 8 AM. I sure wish they would give a little written description on what they need to interview her about. I’m still think its question about the medical but It makes me worry that she will arrive there for the interview and then they ask her for something like more proof or a document. She won’t have it of course because there is no way for us to prepare for something when we don’t know the reason. So another AR and then wait again!!! This whole process seems to be set up for failure more then success. Good thing we have sites like this to discuss the problems that are encountered along the way. Otherwise I’m sure there would be allot more denials!

hi,

CENOMAR is a CERTIFICATE OF NO MARRIAGE...an authenticated certificate issued by NSO.

Thanks Jazzy.