a@c

You do a lot of judging of other people's relationships, but yet you don't want to be judged for your relationship....you know what that's called?

Hypocritical...!!!

..........and all is not lost, there are 195 other countries in the world for the 2 of you to live together.

im not going to waste my time on saying what i think here.

There is hope, the embassy has called us and asked for additional information. So, I think we have a second chance. We are gathering additional documentation to submit to the embassy.

this is the rest of the email from the MNL embassy to the Senators office:

This is in reply to your September 17, 2014 inquiry regarding the visa concerns of your constituent, AD.

As you are aware, the applicant was interviewed by a consular officer on September 15, 2014, and was refused a visa under Section 221(g) of the Immigration and Nationality Act (INA). The adjudicating consular officer carefully reviewed the case and determined that the interview with the applicant, together with the documents available, did not provide sufficient evidence of a bona fide relationship.

We understand that your constituent would like to schedule another visa interview for the applicant. As we have completed our review of the case and a final determination has already been made, we are unable to accept additional information or documentation from the petitioner or the applicant.

We are returning the visa petition for LA to the U.S. Citizenship and Immigration Services (USCIS) office, through the State Department’s National Visa Center (NVC), for appropriate action. When the USCIS is in receipt of the petition, the petitioner may contact the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

I think its too late now to get more evidence to get a second interview..

so whats the best option?

here is a copy of my story: y Fiancé Petition was recently denied on 9/15. My fiancé went to the interview and we thought we were totally prepared for. I met Lucila late 2005 or 2006 to to the best of my recollection, we were introduced through a mutual friend. At the time I was going through an adoption of my daughter..and needed someone to help take care of her and there was a spark between Lucila and I. Lucila gladly accepted and moved in shortly after. Acting as a Nanny and a friend to me. Things progressed into a romantic relationship between the 2 of us.. and have been together for about the last 8 years, since about 2006. We have traveled to Hong Kong, Singapore and all over the Philippines. I did hire a live in Nanny ( Maria Rosario Lado) as this is how our family developed. Lucila was my daughters other mother and my lover and best friend. When we applied for a b1b2 visa around 5/2010 to come to the US for the Holidays, it was of course denied as she did not have enough to show that she would return to the Philippines. (although, I lived and worked in Manila from 5/2003- 2/2014). I felt that after the DOMA ruling I could return to the US and petition my fiancé to join me. Sadly, that was not the case. She was denied based on the b1b2 Visa, although we did claim it in our application and noted it was denied we did not go into detail.

well either I;

a; Refile a new petition which, could take 5-7 months

b: Get Married somewhere they allow SSM and wait a year for processing

c: wait for the previous petition to be returned to the UCIS, add more information and actually fly out to Manila for the interview. ( this could be the shortest route).

Am I missing something? I would post the time line but honestly its long, we have raised a child together who will be 10 tomorrow without her other mom. we have a long history... i provided as much evidence as I could think of and then some. I am seriously open to ideas.

we contacted our Sentor the day after it was denied, and its is a LGBT issue.. think about it.. had it been a Man who had a Women working for him.. applied for a workers visa and was denied.. then decided to announce they were fiancee after spending so much time together I think it would be approved. I do think its a LGBT issue, I think its discrimination and a human rights issue quite honestly.

Is Brazil still an option with all of the possible changes? Also I do appreciate your help. Know that I am not trying to be defensive. I just got off the phone with my lawyer who wants to take it to the LGBT media.. he feels its just been handling so poorly. He is aggressive and I know we will somehow get through this.

also, when I spoke to the UCIS today they said they approved it once so they would likely approve it again once its sent back to them. What are the chances of this happening?

So do we just re-apply, making sure all of the dates from the denied b1b2 match up ? or go to Brazil get married and then apply? what are the best chances.. this is such an exhausting process. what are the chances with a second interview with a denial on file we would get approved?

dwheels, dear girl,

If the Filipina cannot get to the US, then how can this poor same-sex couple get married? The Philippines will certainly not marry them. For both parties to get visas to a country where they COULD marry (and it looks like Brazil is the only current option) is difficult and expensive. And, the possibilities for a USC to bring a same-sex partner to the US is only one year old.

If they've been together for 10 years, it might still be hard to prove this, as they might not have been able to do anything (legally) together in the Philippines to prove they are together.

Also - I myself COULD have gotten married to my Australian partner three years prior to DOMA's demise, but my immigration attorney said NOT to - as it would affect my partner's safety in trying to enter the US on the Visa Waiver Program.

So...go easy on this couple for not marrying. They have had the option denied them in the US until last year, and then when they tried, it blew up in their faces.

OP - please tell me that your immigration attorney is a SPECIALIST in same-sex cases in the US...

Sukie in NY

Sukie,

I thank you for your kindness, yes I do a have a very strong Immigration attorney. I hope to hear this next week what our next step us. The day it was denied he called the senators office as well as some other people in power. ( Not sure who). I really do hope they see this for what it is.. my small family, I just want us to be together without having to live in the Philippines like I did for 10 years. I miss so much, my mom getting old.. my older brothers wedding my closest brothers passing.. .not to mention many more. It just does not seem fair. So, I hope we see some thing positive sooner than later.

there is a lot of great advice and I will take it.. but there is also a lot of negativity that quite frankly I don't need or have to listen to. I am not blind and I can see there are genuine people trying to help.

helpful comments are appreciated but I am done being called a lier. That got old real quick.. so anyone with HELPFUL advise please continue to post.

I'm not suggesting the relationship is not legitimate. To get a K-1 visa, however, you have to be able to prove that legitimacy to the US government and appropriate consulate/embassy. This is where the OP ran into problems, and now she is here trying to find out why.

What is in it for the consulates to lie or refuse visas to otherwise deserving applicants? Nothing. The vast majority hold no ill will towards people trying for a US visa and do not discriminate based on race, sexual orientation, age or anything else. And we all know posters can twist the details of their story when posting about it on VJ (not to say that's happened in this case, but it's possible). I still am not sure we have the OP's entire story about the relationship and the events leading up to the denial.

Finally, and I'll say this again, IF she tried to paint a picture of her fiancée being nothing more than a nanny for the purposes of bringing her to the US even for a few weeks on a tourist visa and even on the advice of a lawyer in the Philippines, that IS misrepresentation, that IS a crime, and it DOES have consequences, which we might be seeing now.

To the OP: you mentioned raising a child together with your fiancée. Is that child legally your daughter?

My question to you and anyone else with common sense, how many people would MARRY a Nanny for the sake of having a Nanny. Seems crazy, I hope the Embassy would see it that was as well. NO matter how desperate anyone is, Marrying so you could have a full time Nanny to a child who no longer needs one seems insane. Use your brains people. This is love, Ive never been married before but I will walk to the edges of earth to make sure we are together.

212(a)5(a) is what checked, also the check next to the waiver, just says with this type of denial we can't do a waiver and then the disposition of the case. Saying it will be sent back to UCIS.

This "nanny situation is a HUGE problem for you".,.,.,.,.,as it is a huge red flag to me.

I just wish you had presented your situation in a more precise manner, as members had to ask too many questions, andto me, was poorly explained.,.,.,.,.,

To me.,.,.,,this "nanny" visit for 3 weeks..,.,if I understand corectly, and the "nanny" visited.,.,.,.,""is your problem""

The "Nanny" did not visit, the b1b2 was DENIED. I personally don't care if you think it was poorly explained.. with all of these questions like rapid fire you would not be able to keep up either. And as I stated before and will do so again, I asked that she "act as a nanny" while here. I lived in Manila for 10 years.. most b1b2 visas were because people were trying to bring there nannys for a visit. I can assure you all that this is a legitimate relationship.. more so than most people who meet someone online fly over there to take some pictures to petition their "wife" to come over here.

and yes, my daughter is legally mine. If the CO thought there was any mis-representation or if they thought we were lying ( as so many of you have said) they would have marked that on the denial form and not that there was not a bonafide relationship. The CO didn't see it that way or did not mark it down as that. AND had she been approved for the b1b2 she would have watched our daughter while I was working so that is not a LIE.

Ok, so just to set something straight, I know you all are trying to help.. but be polite to don't respond at all. We are dealing with enough,when I applied for the b1/b2 it says to act as a nanny for 3 weeks. ( I still have all of the documents submitted) . not that she WAS my nanny ( I had one and have evidence of this as well). And yes we had a relationship prior to then.. In Manila you could not say to act as my babysitter while I work.. so there . Yes, we were together and have been for as long as I can remember. I lived and worked there for 9 years so we could remain together. As per the Philippine lawyer, Nanny was what she thought would be best on the application since I lived/worked and Maintained a residence in Manila and was ONLY Coming home for the holidays. I am trying to figure out what will happen next and not be grilled over and over again. That is not what this forum is for.. I will rely on my lawyer. Thanks for those that were helpful.

had it been misrepresentation we could file an appeal.

no they never said mis-presention, it was just "not a bonafide relationship"

et me ask you this.

When you started have an exclusive relationship?0 No
When she applied for B2 visa? 05/10
Did she apply B2 visa to work as a nanny in the US while she was in relationship with you or no? yes
What did she put on her application? Did she mention your name? yes

what so you mean? there was no re-presentation at the time.

like my lawyer said, many people marry their secretary.. it happens. I just hope we can work through this as fast as possible. I can't bear to be without her.

thanks Guys!!! xoxox

so easier to apply in Brazil and get married there? will she still have to go through the process in Manila or Brazil?

she was denied obviously, but it was for a 3 week vacation from my job in Manila.

i think your right,the CO said the dates didn't match up.. we have been together for 8 years but this was in 2010. so the dates didn't match,

but the visa said she was "acting as a nanny" while I traveled for work.Not that she WAS my nanny.. as I had one in Manila.

I will hope my lawyer can figure it out.

"nanny" is the word they use in the Philippines. I could not say stay with OUR child, while I was working. The Philippines is like a prison to get anyone out one must use their terminology.

any idea how long it takes to get sent back to the UCIS?

thanks again!