prindell

Yes you can file a spousal visa from the Philippines, but one requirement is having resided in the Phils for 6 months or more, then you can do a DCF which are very quick. Most of the 6 months would be used waiting for your marriage certificate to be recorded with PSA, this can take upwards of 4 months.

We decided to file a second K-1 petition, which was approved. We are currently waiting for the delivery of the visas (yay!). But for the benefit of anyone reading this thread and considering to go the DCF route, I thought I'd add some information that I learned about marrying and doing a Direct Consulate Filing (DCF).

During one of my visits to the US Embassy for information and waiting my turn at the window, the USC and his wife ahead of me, were attempting to do a DCF. I could hear the conversation and gleaned the following: The USC married and had been residing in the Philippines with his wife for the required six months. As proof of his resident status, he provided a rental lease, utility bills in his name and his passport with the arrival date and tourist visa extension greater than six months. The CO refused his petition stating that he was a "tourist" in the Philippines for six months, but not a resident.

Had I decided to get married and do the DCF instead of filing another K-1 petition, I probably would have made the same mistake. If you are planning to do the DCF, make sure you go to the Bureau of Immigration and change your status from tourist to temporary resident. At least to this CO, it makes all the difference and the day by day reality of residing here is insufficient proof.

All the best.

Ya we will ya on this adventure over a beer one day...

Looking forward to it!

The honest answer is NO if you never filed an IMMIGRANT petition before. Keep it honest... always. Answering YES would be incorrect if it was a K-1 visa

Don't worry on it too much, you answered YES to the next question which shows the CO you are being honest.

Thank you! Your response confirms my own thinking-- the other question, "Have you ever been refused a U.S. Visa..." addresses the issue of previous non-immigrant petitions while the question, "Has anyone ever filed an immigrant petition on your behalf..." is specifically addressing immigrant petitions. Between the two questions, both immigrant and non-immigrant petitions are covered. The confusion came in because I'm aware that the CEAC website (case status) puts K-1 cases under the Immigrant category, so I was not certain they weren't doing the same with this question, but I think I got it figured out and your confirmation was pivotal.

I would say yes to that questioN, since they would have records of the origial submission on file in their computer system so it's best to come clean if you know what I mean.

Do a new one and throw the other one away and print the confirmation page to bring to the interview .

I totally understand where you're coming from--better to give information that isn't needed, than to not give information that is. Even so, in my thinking, the other question, "Have you ever been refused a U.S. Visa..." addresses the issue of previous non-immigrant petitions and thus, the question, "Has anyone ever filed an immigrant petition on your behalf..." is specifically addressing immigrant petitions (?). The replies and counter-replies have really helped me to get the deeper understanding and meaning of the questions. I think and hope I have reached the correct conclusion. In any case, thank you so much for your help.

List all visa applications that you have submitted prior to this current one. Does not matter whether approved or declined. Must list all.

Drats. We submitted the DS-160 about an hour before coming across this post. We answered "no" on the premise that K-1 is a non-immigrant visa and the question asks about prior immigrant visas. We did, however, answer 'yes' to the prior question, if we've ever had a visa refused, because our first petition resulted in refused visas, so the information on the 'prior' filing is in essence provided by this question. Do you think it's worth doing a new DS-160 to change our 'no' answer to the prior immigrant petition?

2. "Has anyone ever filed an Immigrant Petition on your behalf with the USCIS?" just to clear this one out, does it include the k-1 visa or is it asking if there were any petitions filed prior to that? Has another person (past BF, fiance or family member) filed a petition for a visa for you?

A bit confused on this one as well. We're on our second K-1 petition (which was approved and recently assigned a Case #), first one was refused. Same petitioner. Should we answer 'Yes' to this question, even though K-1 fiancé(e) visas are considered "non-immigrant"?

Thanks

damn , you guys made this simple thing so complex. The Answer for the question was " No" .

I realize this post is a year old, but rather then begin a new post, I'll append and hope someone can help me here:

We have submitted a second K-1 petition, since the first ended with the visas being refused due to an error on the I-129F form. Second petition was approved and given a case #. Now, we're filing the DS-160 again, so do we select 'yes' for this question (Has anyone ever filed an immigrant petition on your behalf...). I'm inclined to answer yes, however the question asks about an "immigrant" petition, while K-1s are considered "Non-Immigrant" petitions. Thus, I don't know how to answer. Note, I did answer yes to the previous question; "Have you even been refused a U.S. Visa..." and provided a brief explanation.

Thank you

Yeeeeah Congrats!!!

Thanks, so much!!!

There are still people from last year waiting for result for their I-129F so they are working on them

Thanks for the encouragement and like I said in the previous post, "... who knows, perhaps it's being worked on as we speak". Guess what... it was! We received an electronic notification today that the petition was APPROVED on April 7! Now I can update my timeline and provide visajourney with some actual TSC results. Yeheey!

My fear is that they have redirected all their manpower to get caught up on all the other immigration cases (I-130's etc) and they're not too worried about a lone I-129F case and they'll wait the five months or until they otherwise have to. But, who knows, perhaps it's being worked on as we speak. I sure hope so, it's been a long haul and I'd really like to get back to the USA while my home is still standing. Thanks for the well wishes. All the best to you, too.

your receipt number doesn't start with WAC right?

Actually, yes it does, but as stated a couple times already, that's because it was originally routed to CSC, but on Feb. 22 2016, it was transferred to TSC. I realize that this must be really rare and you're thinking I must be mistaking somehow... I wish that I were. I have attached the transfer notice to validate my claim. Thanks again for your assistance.

Because people think when they sent they package to the Lockbox in Texas then it's at the Texas service center and they do not correct in the timeline.

All on rigor's list is only based on what's entered in the timelines of the VJ members.

Sorry haven't heard of anyone other then those from before March 27th 2015.

Yeah, I figured I was grasping at straw in hopes to find other, actual, TSC filers. It would be nice to have a few other timelines to watch, if nothing else, just so I don't feel so all alone.

Thank you for your time in reading my posts and for your considerate and helpful replies.

You will be the first one I have heard of being sent to TSC after that date. Your second petition is a new one so don't see why they should sent it to TSC just because the other one was sent there but I can be wrong of course.

Lucky me. LOL But this is the reason for my post inquiring about the TSC adjudication prediction dates. If there are no I-129F petitions being processed by TSC, how are the estimate dates arrived at?

Is our petition truly the only one sitting at the TSC? Any body else out there?....

Are you sure you are sent to TSC?? They haven't done I-129F since March 27th 2015 do to backlog.

What does it say on your NOA1 mail you got?

The Texas lockbox and texas service center are two different things just a lot of people confuse them as one.

Yes, unfortunately, I'm sure. Our first petition was sent to TSC with an NOA1 date of March 23 (2015)... we just missed the cut-off and were stuck in TSC for 168 days while we watched others who filed after us, for the next four months, get adjudicated before us. Anyway, water under the bridge... that petition ended with the visas being refused due to error on the petition discovered during the CO interview.

We are now in the midst of our second petition which was originally routed to CSC, but transferred to TSC a month later. I can only surmise the reason for this is because TSC handle our first petition. In any case, we are again sitting in TSC while watching others, who file after us, getting approved at CSC, where we were originally routed. I'm truly happy for them, but it's so painful for us... so much for "first come, first served".

This is our second petition.

From everything I can find, Texas Service Center is not processing I-129F petitions currently (?) I am not finding any visa-journey members that are being adjudicated through TSC, all have been transferred to California Service Center (or originally routed there, but confuse the Texas Lockbox with the Texas Service Center and thus, error on their timeline entries).

Are we the only applicants that actually have our case sitting (and sitting and sitting) at the TSC?

How are the timeline prediction dates estimated? Are there some actual instances of K-1's being processed by TSC?

Just trying to get some idea of when we might expect to see some actions taken on our case, which I believe was transferred to TSC from CSC because our first petition went through TSC.

Thank you.

Reading this thread has raised some concerns for me as some here are using the term "originals". I hope someone can confirm or answer my question. My understanding is: The court keeps the original forms on file (or on microfiche in days long ago), thus it is impossible for anyone but the courts to have "an original". The court clerk mailed me a copy of the Judgment and the Notice of Entry of Judgment. The Notice of Entry of Judgement includes, as part of the form, a "Clerk's Certificate of Mailing" that states "I certify that I am not party to this cause and that a copy of the foregoing was mailed first class, postage prepaid, in a sealed envelope addressed as shown below, and that the mailing of the foregoing and execution of this certificate occurred at (place) on (date)". It is then signed or rubber stamped with the clerk's signature. My question is: Does this make my copies "Certified copies" or "Original copies"? .... or do I need to request a copy from the court that has a special seal or embossment indicating that it is a certified copy? Moreover, if the latter is required, will that cause problems at the Interview, since they wouldn't be exact copies of what I filed with my petition? (I filed copies of the original-copies that I received directly from the courts when my divorce(s) were complete.

Thank you.

Thanks for the update, and best wishes to you for a smooth and speedy visa journey.

We sincerely appreciate your wishes and support. Thanks! (can't wait to turn all our timeline blocks to 'blue') ;-) Congratulations on your achievements!

Once again, "Thanks" to all whom replied and contributed to this thread.

As promised, I am posting again to provide an update as to the final conclusion of this matter.

My State Representative's staff was extremely helpful in providing us with the final status of our case in relatively short time, compared to having to wait the "minimum" of 180 days for USCIS to provide the status, otherwise. In contrast, my two State Senators offices were pretty much useless as they were unwilling to assist and just gave us the run-around.

Anyway, the matter has concluded pretty much as we were told it would, by the fine folks in this Visa-Journey forum. Following is an excerpt from the letter my Representative's staff was able to get from USCIS:

"The period of validity has now expired; therefore, in accordance with 8 C.F.R. 214.2(k)(5), all USCIS action on this petition is concluded."

This status update wasn't too disappointing for us as we had decided to take everyone's advice and file a new petition, which had been routed to the California Service Center this time, so we were anticipating that it would be adjudicated in the very near future. However, this afternoon, we learned our new case was transferred to another USCIS office (presumably Texas), so this is another delay as I assume our case will fall to the rear of the queue again for the office that just acquired jurisdiction over our case and the past month of waiting has been for nothing. <sigh>

We continue to remind ourselves that there is a reason for everything... just be patient and trust in God; all will work out in His perfect timing.

I had three previous marriages and listed them all on the form as I did it with a pdf manipulator and by changing the font was able to get all three past wives on there and then I added a page just in case along with all three divorce decrees as I was worried about this too. I am at the NOA2 approved stage.

When I mention this people say no no no but I think I would call my senator and ask for some help here.. This would seem to be a prime case where you could use some intervention.

My other curiosity is that you were there for the interview but most petitioners are not. I wonder what would have happened if you had not been there? Maybe they would have let it go or maybe the same result?

And IMO, who cares if you just have the last two cases.. stands to reason that you got divorced the first time too.

I think the Service Centers have people who use good judgement instead of declining applications on technical errors. In reviewing my first application, I had several errors (no names on back of passport style photos, copies of only the ID and first visa pages of my passport, instead of all pages) and I was still approved. I think too, they realized that I was free to marry, based on the last two marriage having divorce decrees (and knowing I couldn't have had those marriages if the prior ones weren't legally ended).

I've heard it said that things usually go better if the petitioner is present during the interview (as it helps solidify the relationship). No way to know if not being there would have had made a difference as my fiancée would have answered the question to 'how many times has your fiancé been married before', the same way I did--truthfully.

I contacted my Senators and the lone staffer reply (after several back and forth emails) just said it's my decision to make--I can either wait (180 days) for an answer on the reconsideration and disposition of the original filing or I can file a new petition. She was not willing to make any inquiries. However, the staffer from my Congressman's office, first response was, "An inquiry has been submitted. I will contact you again when we hear something". I will update again when I hear from her again.

Thanks for the interest and comments. All the best in the rest of your journey!

Here is a link with explanations of the difference between 221g, 214 and 212a http://lawandborder.com/options-after-a-consular-officer-denies-your-visa-application/

Any of the 3 is given, so if not a 221g then you received the 212a.

It can be just a boilerplate standard template or there is more to it, try to find out with FOIA .

Are there any health issues she has ? Any criminal issues you had in the past ?

Beneficiary issues are private and that is why it is crucial for her to sign a privacy release for FOIA or else they will not inform you of a reason

having to do with her.

You have 6-12 months until you know the answer through NOID/NOIR and perhaps FOIA only then can you submit a rebuttal.

Can't move forward without knowing the reason as it does not appear to be a general 'lack of bona fide' issue, though it may.

Interesting read. Thank you. I attached the form we received (the only thing we received). It may be a 212a of sorts, but not of a specific 'number'. The only thing marked is the "Other" option, then a hand-written "X" on the Disposition of your Case option. The consular agent specifically stated that we have a "rock-solid" case and there is no question about our relationship being bona fide and no problems with the medical--everything was great, except my failure to list 'all' my previous marriages on the I-129f and G-325A forms, though I did provide the divorce decrees for all previous marriages at the interview.

I should have the new petition ready to submit by Friday (going to the Embassy on Wednesday to have them preview it and make suggestions, if permissible). Do you think it's okay to file the new petition before the first one has been formally withdrawn? I'm still hoping to get favorable results from the congressman's inquiry, but haven't heard anything on that yet and don't want to postpone the filing of the new petition for too long.

A 221 g sheet is given for refusal, AP and when additional documents are requested, so yes a 221g sheet should have been given in your situation because the visa was refused.

Hmm, we didn't receive one, only a form letter with 14, 212(a) options and 2, "Disposition of Your Case" options, of which no 212(a) were checked but one of the Disposition of Your Case, stating: "Your petition is being returned to the U.S. Citizenship and Immigration Services (USCIS) through the National Visa Center (NVC) for reconsideration and disposition. Further inquiries should be directed to the USCIS office that processed your petition" along with the reason: "Petitioner has two Undisclosed marriages". As of this date, CEAC is still showing the case as "Being Transferred" (28 days with this status, so far).

I dont think there was a 221g, correct? This was a refusal not a 221g?

Correct, there was no 221g. It was a refusal based on discovering an error on the petition, so they sent back the petition to be reviewed and the disposition determined.

I just put I-129 fiancé on the cover letter and attached a sheet with the previous petition number and date and outcome and also submitted a letter narrating our relationship timeline and the refusal and re filing including the previous NOA's and 221g refusal sheet plus my correspondence emails with the CO and senators.

Awesome. Thanks for the great information.

Thanks for clarifying, hoping they can request a review with a positive outcome from the section chief.

Yes, us too! (thanks)

Would you happen to know how I should label the cover letter for the second petition... the example shows, "Nature of the submission: I-129F ORIGINAL SUBMISSION" Even though this is a second filing, would it still be considered an 'original submission'? Thanks

It makes no sense for your congressman to ask for an expedite and extension of expiration date. He was supposed to request a second interview

so you can submit more evidence and most of all the prior divorce decrees.

Senators/ congressmen do not have insight into what exactly is the best next move, they aren't lawyers.

YOU would have to know what would bring best results for your case and then inform the senator's aide of exactly how YOU want them to proceed,

not just rely on their 'advice'. I am throwing that in there because many make the mistake of telling the senators their story and then leaving it in his hands

to 'fix it'. Not so ! Too late for you but for the benefit of others reading I want to point that out.

The petitioner must understand the best next step and guide the senator's aide to what that is. Expediting was not it. Extension was not it.

Requesting a second interview with you on the premises with more evidence (divorce decrees) could have been it. In my opinion it was handled

the wrong way by the senator.

I wish you the best for your next petition. Front load.

As always, 'thank you' for your very helpful replies. Just to clarify, I was present during the original interview and provided all marriage/divorce papers at that time. In hindsight, I should have immediately requested to speak with a supervisor, but being a layman and in a state of bewilderment with receiving the news of refusal, we just gathered our papers and headed for home to soak in what had just happened.

By the time I submitted the original post to this thread, I think it was too late to hope for anything more from the Embassy, but was hoping congressman assistance might result in having my petition actually reviewed, re-approved and returned to the Embassy for further processing.

Just received a message from the 2nd (of three) congressman's offices this morning. This reply feels more hopeful that they understand what needs to be done. In the off-chance they can actually effect a positive direction, I'll let them proceed while I'm in the process of completing a new I-129f petition. I'm leaving all options open as long as I can.

Thanks again.