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Karabast39

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Posts posted by Karabast39

  1. 22 minutes ago, SandyR said:

    This was the number others have used and listed in the tips and tricks.  It is the only one I have been using for the past month and a half since I have been calling almost non-stop!  Call and press #1 to get to operator.  probably long wait now - I'm on 22 minutes so far.  but they do answer.  I think the other is for non-immigrant?

    Thank you for that. 0888 is for non-immigrant (K-1s are non-immigrant visas).  I am now on hold. 

    0700 is for Immigrant, so this makes sense. Sadly, they post a call center time for the 0700 number even though it will never lead to an actual person.  Thanks again for the 0888.  

  2. On 12/20/2021 at 10:56 AM, CovidSucks21 said:

    That definitely sounds reassuring.  I spent 5hrs trying to get a hold of the embassy yesterday only for them to tell me the same thing.  "Show up.  Bring your paperwork.  If we need more we will tell you. "  They wouldn't really say any more than that.  I'm keeping her appt.  If her cenomar comes in it comes in.  If not she has 2 expired to show.  Her Dubai one we will not even try to get since it's pain the ###.  The Taiwan she has doesn't have an expiration on it so I'm leaving it as is.  She will be bringing her passport to show that she hasn't returned to those countries.  I really hope that is enough.  I wish I could be there to help her through it because I know she will be worried.  WISH ME LUCK!

     

    Recent State Department guidance for adjudication stipulates that police clearances are currently valid up to two years, regardless of the expiration date that may be on the document itself. If she's refused 221(g) for a current CENOMAR, then it's just a matter of submitting it via 2GO after the interview.  Or the officer may request one directly submitted/delivered by PSA itself (to avoid any fraud).  

  3. On 12/8/2021 at 12:32 AM, bmfj said:

    Looking at the K1 numbers from Aug-Oct, and It’s a small sample size, but from Aug to Oct there is around a 213% increase in processing. If you account for the time it takes to send/email/call for interview notices plus the few extra days for the medicals, then Nov’s numbers should be far more than the 229 they did in Oct. At a 100% increase, It’s still far short of Sept 2019 which was 567. Even at 567, I’ve seen estimates of well over 7,500 backlog. And that was stats from June. Now could be 10,000+. They’d need to be knocking down 1000 a month to seriously cut into that stack. I’m sure the USEM is under pressure with the lawsuit and Biden’s immigration agenda. Probably why they inserted the new Charge de Affairs in Sept. 

    LOL, this had nothing to do with why there was a new Charge de Affairs.  The tour of the previous one -- who was the Deputy Chief of Mission-- had simply come to an end.  U.S. Embassies everywhere are clearly mandated by the State Department to tailor operations to protect the health and safety of their employees based on their local COVID environment.  Consular's visa operations are currently tiered to the importance of national interest, with tourists being the lowest rung of the ladder (imagine a 100,000+ B1/B2 backlog.)  U.S. Embassy Manila has lost employees to COVID, employees have lost family members to COVID, they've remained open despite very difficult conditions, local lockdowns, and hiring freezes in Consular Affairs due to the dramatic drop in visa fees (consular operations are almost exclusively visa fee-funded, not taxpayer funded).  There is a limit to how many people they can have in the waiting room at one time while maintaining social distancing, which limits how many they can schedule. There are other extenuating factors to which you and I are both ignorant.  Calm down. 

  4. 13 hours ago, Walter94 said:

    That's helpful, thanks. I think it's a no-brainer at this point to scrap the pending K1 and do the CR1 route instead. The backlog for K1 interviews in Manila is so massive that it'll probably take years to even get an interview. At least the USCIS makes an effort to be efficient with spousal visa cases.

    The other major consideration is that it's taking USCIS more than six months to process advanced parole, etc. for the K-1 once he/she enters and marries. That's a long time to get to permission to work, travel, etc.  Much better just to enter with a valid I-551 right away.   

  5. 16 hours ago, Walter94 said:

    Where did you see that the US Embassy in Manila is currently processing K1 cases from Nov 2020?

     

    https://visawhen.com/consulates/manila/k1

     

    According to this site, the backlog is currently at just under 10,000 cases and growing by roughly 400 every month. Even since they "resumed" processing cases in July of this year, they've only been averaging about 100 per month. At this rate it would take years and years for them to get to cases submitted more recently. Even if, by some miracle, they got back to normal processing time TOMORROW (which won't happen), it would still take almost two years just to get back up to speed. 

     

    Again, I might be missing something here... but it looks really really bad for anyone trying to get their Filipina fiance here to America on a K1.

    Yes I'm aware of this. The Zoom marriage would allow me to visit her in PH on a 9a visa, and then I could file the I-130 afterwards.

    They grant some expedite requests in urgent cases.  (Ones where a U.S. citizen child is involved are likely the highest priority.)   

    Your Utah plan seems sound in theory. 

     

    I quibble a bit with the statistics on that site, Manila was doing a lot more than 484 cases a month before the pandemic.  They kept up with the demand as the number of I-129Fs increased (worldwide) in the last few years, getting close to 1,000 cases a month.   But you're right, they won't be anywhere near that level of processing for a while.  I see some threads about successful visas from the Utah online marriages.  So long as you consummate it before the I-130, should be good. 

  6. Happens all the time-- Filipino comes to the United States on a B1/B2 and divorces their Filipino spouse.  USCIS considers the U.S. divorce valid and does not question a U.S. divorce decree-- they don't dig into residency requirements and such to see if the judge *should* have granted the divorce or not.  When it comes to the visa application in Manila, it honestly depends on the adjudicating consular officer and their current management (officers' tours are only 2-3 years and they may not spend all that time in the same unit and have varying degrees of interest in immigration law).  I have seen consular officers who were lawyers and dig into the state's residency requirements and such.  If they reach out to the Consular Affairs' legal department for guidance, they'll be told that a U.S. divorce is a divorce.  If they don't want to reach out, they may write their own revocation memo arguing the divorce wasn't valid or recognized in the Philippines and send it back to NVC to send back to USCIS for revocation.  Sadly, for K-1s, those cases just expire on a shelf.  For CR1/IR1s, USCIS always reaffirms them since the divorce is valid in their eyes-- but then years have gone by and you're still without a visa.  

  7. 13 minutes ago, Walter94 said:

    My I-129F has been at the California center since late March...I should be getting the NOA2 any day now. But from what I've seen, the backlog for K1 interviews at the US Embassy in Manila is so insanely long that it will likely take YEARS just for my fiance to get her interview, even after my petition is approved by USCIS!

     

    I'm thinking that my best option would be to do the Utah Zoom marriage and then start all over with a CR-1 visa. As I understand it, the delays are not very long for getting the CR-1 once the USCIS processes the case. I'm in California, and I see that the processing time at the CSC is currently 26-34 months for an I-130 visa. However, it's shorter for other centers, and I've read that it's rare for the CSC to handle an 1-130 case for a US citizen trying to bring a foreign spouse to America. Can anyone confirm whether this is true? I'm thinking even in the worst case scenario where my case gets sent to the California center, it would still probably take less time than waiting for the K1 backlog to clear at the embassy.

     

    Are there any facts I'm missing here? I'm seriously leaning toward going this route,  but I want to make absolutely sure I'm doing the right thing before I make the jump.

     

    Thanks

    My understanding is that Manila is currently scheduling K-1s with I-129F priority dates of November 2020, so I don't think you're looking at years.  You can also request an expedite once you get to the DS-160 stage.  

  8. On 11/27/2021 at 12:01 PM, erikarandy said:

    UPDATE: Received an email yesterday from my State Representative, with Subject Title "Good News". She was able to contact the Embassy and spoke to them about reviewing the case again. And, they concluded that, they found the wet stamp on the back to be sufficient to proceed with the case. My fiance's case has been approved for printing and she should receive her passport with visa, in the upcoming weeks. When I informed my fiance' at first, she didn't believe me. hahaha But I showed her the email and convinced her it was real and we went crazy happy! If you are having any issues with your visa journey, don't be afraid to contact your State Representative. (Senator and/or House Representative) they really want to help you. Thank you, everyone for all the information and support, Randy and Erika

    Yes, the fastest way to get a case reviewed more closely is to contact a representative immediately once the 221(g) is received.  The consulate is required to respond in some capacity within three business days, and most take the response seriously when it's something specific, like your case.  Congrats on getting it done quickly.  

  9. On 11/30/2021 at 1:34 PM, ACN777 said:

     

    Hi everyone,

    I need some advice.

     

    Soo my fiancé is in the Armenian military , he’s an officer (lieutenant) and I’ve pretty much put together our i129f.

     

    I asked my mom in Los Angeles to contact an immigration attorney just to review my application and he told her him being in the military is a big red flag and the paperworkneeds to be answered very carefully , but that he can do it all for $4,500 dollars.

     

    Is he a con artist or should I consider this ? Are active foreign military members barred from immigrating to the United States? He would obviously withdraw prior to immigrating but not prior to visa approval. It’s not like the Armenian military is a terrorist organization or anything. 

    I don't know why you would worry about it at the filing stage.  If you submit all the required documents, let USCIS do the processing and send you the RFE if needed.  Nobody has any way of knowing what flags may come up on him when he goes for his actual visa interview, but there is no need to worry about that at the I-129F filing stage. I wouldn't let a lawyer scare you into an unnecessary $4,500 expense.  

  10. According to the pivot table in the February Filers spreadsheet, about 1/3 of the K1s that have seen action have received RFEs.  Has anyone reading this thread gotten an RFE?  I'm curious in the breakdown of RFEs by country or region.  I suppose USCIS' standard of evidence is higher for countries with known reports of marriage-immigration fraud.  I'm curious, specifically, if anyone petitioning a fiance from the Philippines on this thread has gotten an RFE this month.  Thanks, and a huge Thank You! to those who update that spreadsheet every week.  

  11. 4 hours ago, Mademoiselle7 said:

    Hello,

    So I’ll be using a joint sponsor in case it’s asked for. I’ve been out of work for 1 year. I do have other means of income which should meet the requirement. However , I want my fiancé to be prepared and of course I wouldn’t want anything holding us back, so I’ve decided to add a joint sponsor, in case they look for more information.

    My question is is the i-864 needed at the interview ? It says on line that a joint sponsor is to come pledge a i-864 form.

     

     

    Anyone have any knowledge on requirements for joint sponsor or steps to take ?

     

    Thank you

    Your fiance(e) should take the I-864 to the interview along with the joint sponsor's IRS tax transcript.  Even though an I-864 isn't needed for a K-1, a Consular Officer takes into account the "totality of circumstances" and can consider a joint sponsor as credible evidence the applicant will not become a public charge concern. 

  12. 15 hours ago, JPAZ said:

    We attended my fiancées K1 visa interview today in Bogota. We transferred her case from Moscow given the current embassy situation. The interview went well, all of our documents were in order. However at the end of the interview the CO gave us a white slip saying we are in administrative processing and we are refused based on 221g and that they needed to make some extra checks. We had been waiting 20 months for this, and this just feels like another stab in our stomachs. My mental health has been absolutely obliterated by this process, and now to go back to a black hole  is just excruciating. Sorry just venting. I just want to be with who I love.

    See this info on travel.state.gov about Administrative Processing.  It's a delay, but not the end of the world. 

    Administrative Processing Information (state.gov)

     

  13. It sounds like you have provided all that is required, and all that is possibly available.  Keep in mind the consular officer is usually not a lawyer, likely in their first or second tour overseas, and has likely never had to request a "certified true copy" of a document before or know what that or an apostille or anything else of the sort is.  They are under time crunch pressures to make a decision quickly while also looking for fraud. He/she may simply have been trying to find anything to delay the case.  Once you got the 221(g) you should have immediately contacted a congressional representative with the details.  A congressional email will get the file back on the refusing consul's desk for review faster than anything else.  They can then check with someone more knowledgeable about documents and legal procedure.  

  14. As part of the exam, she'll have a psychological questionnaire to fill out and she needs to be completely forthright and honest.  It's up to the panel physician to determine whether she's inadmissible or not.  I have seen some inadmissible for various mental health disorders and alcohol.  It's very difficult for a Consular Officer to break that news to an applicant, he/she may choose to do so in a privacy booth.  In any case, it would not be a permanent ineligibility, but may require re-examination after a year, similar she showed signs of serious alcohol abuse. 

  15. On 9/30/2021 at 7:14 PM, Liz66 said:

    The AA######## is the application ID. When I go to the site it gives no status. I attached a screenshot. I also received a picture of the document my fiance received the day of the interview.  It says denied based on section 221g. 221g could be administrative processing requiring additional information but she was not specific to what information was needed.. I read that it can take 6 months before the update the site. Do we keep chasing the Rabbit in the hole or do we just get married over there.

     

    IMG-20210924-WA0000.jpg

     

    This tells you what you need to know.  They have returned the petition to USCIS and it is now done; it will now sit on a shelf and expire.  The good news: He did not have an ineligibility such as a criminal record that makes him ineligible under 212(a).  He is refused 221(g) and the petition returned to USCIS, which almost always means they either found the relationship not credible, or found that either the applicant or the petitioner are not qualified for the petition.  Are you sure you're not still married yourself?  Did you actually meet within the two years prior to filing the petition? Are you completely convinced he's not married? That's where I would start.  

  16. 14 hours ago, Allaboutwaiting said:

    If you've had previous applications, the misrepresentation can be related to that old one, not necessarily the most recent one.

    Per the letter, the 6C1 came from another agency, so that is most likely DHS and could not be from a previous visa application (because that would be the same agency).  The Consular Officer simply upheld the 6C1 as he/she does not have the authority or ability to ignore or magically delete that.  At some point in his life, the applicant was found to be mispresenting himself to a government authority.  If you do not know all about that already, that should be a red flag for you.  

  17. 2 hours ago, Chancy said:

     

    As others have repeatedly pointed out, having no status on CEAC is NOT normal, even for cases that are actually denied.  Please find out all the details about the visa interview from your fiance before you proceed with any marriage plans.

     

    This.  If your fiance says he didn't receive a letter from the consular officer who interviewed him, then he's lying.  It's the law and every embassy in the world is strict about it.  Refusals are verbal and in writing.  The letter will tell you if his case is being returned back to USCIS or if he's got some ineligibility-- maybe a criminal hit in the system, or maybe something indicated from his medical exam.  Either you or your fiance are not providing all the information in this case.  Best of luck to you.  

     

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