Consulate Review: Manila, Philippines
Review Topic: K1 Visa
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| Event |
Description |
| Review Date : |
July 2, 2013 |
| Embassy Review : |
Note: I wrote this on June 25th. But posted it only today, July 2nd, 2013.
I’ve only decided to write about this US Embassy Manila / Consulate experience today (June 25th and releasing it online after my visa gets issued... [EDIT: still not issued. Still being held at AP]) because I’d like to do this as calmly and objectively as possible (at least try to be), and of course, avoid further possible “delays” that might arise from me speaking up.
Short story: My fiancé, Christopher, was here for my interview and we showed up at the Manila US Embassy New Office Annex Building (NOX1) and was neither denied nor approved. I (the Beneficiary) was belittled by Consular Officer. They kept my passport and we got a 221(g) sheet asking for more financial documentation from him. Denied co-sponsorship, he's graduating soon.
EDIT: We sent his updated employment letter, job offer; He's past the 100% poverty guidelines and barely short of 125% but when I called July 1st, the IVUnit Person on the phone said, he doesn't make enough as the CO noted. Asked to call back again on Wednesday but no guaranteed updates.
FULL STORY below.
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On June 13th 2013, day after Independence Day here in Manila, we headed to the US Embassy in Manila armed with 19lbs. of paperwork – copies of our I129F Fiancée Petition, Medical Result (CD), DS Forms, Affidavit of Support, NSO Documents, NBI Clearance, My Education and Work Credentials, and of course, Proof of Relationship (Correspondences) that made most of the 19-pound weight.
We arrived at NOX1 by 7:15am, asked the guard where K1 applicants lined up and were immediately motioned by him go to the Fiancée/Spouse line. The line was quite short compared to the other Immigrants and tourist applicants’ lines. I took out my DS-Forms which were labeled by post-it’s on the side for easier viewing, Passport and Appointment letter. The lady receiving the documents at the line placed my passport in a ziplock bag and pointed to the doors where we’re supposed to go through. US Citizen’s pass through a different door than applicants. We both went through separate doors and got scanned, our bags x-rayed, and I was led out through a line outside the security room. Christopher, however, just passed through and was just waiting for me outside where he can see me lining up. Outside was a line to a window where queue numbers are given. I was asked to present my passport, confirmation letter and DS Forms, was given a number (6135) and then was instructed to drop all my documents at Window 39 inside the building. It was the new annex building, clearly different from the one I had my tourist visa renewal at back in Feb 2011. There were 2 doors, and we went in the right-most one. Another security check, bags manually checked by guards and passed through a scanner. After that, I asked where window 39 is and the “greeter” said he can drop my documents at window 39. He then said, look for seats at the right-most end of the floor and watch the announcement board for our number to be called as well as the window number beside it. It was very spacious, not cramped like the old building. There was ample leg area, too. Time check, 7:30am.
Another “greeter” was announcing / instructing everyone that there are 4 main steps in the application process.
1. Biometrics
2. Pre-screening (with a Filipino Consular Officer)
3. Interview (with an American Consular Officer) and;
4. Releasing / Instructions at Window 72
The “greeter” said that Steps 1 and 2 can be interchanged. We might be called first to do pre-screening first, and then do biometrics, or the other way around. By 8:00am, our number was called to Window 43 for Biometrics, Male American (possibly a Consular Officer too) asked for my name, my petitioner’s name and my birthdate. He then instructed me to put 4 of my fingers on my right hand on the biometrics scanner, then my left, and finally my left and right thumbs at the same time. We were then told to sit down. Christopher was with me the whole time, though he wasn’t asked of anything on the biometrics window.
An hour passed by, it was already 9:00am when we were called to the pre-screening window. It was Window 50 this time. We both were greeted by a nice Filipina and asked me for my NSO Certified Documents – My Birth Certificate and CENOMAR, and my NBI Clearance. She gave me back my personal copy. She asked Christopher if he was my petitioner and he said yes he was. She then asked for the Financial Documents. We handed in his I-134, 2011 and 2012 ITR’s, W2’s from 2010 to 2012. We also had a co-sponsor. It was a very long shot, but nothing to lose anyway. Some CO’s approve co-sponsors and some don’t. Christopher has just got done with school and recently moved to a full time managerial role. He learned of his promotion literally just 2 days before he flew to Manila. The documents that we have, of course reflected a low income in 2012 because he lived with me here in Manila for 3 months, hence our decision to use a co-sponsor. We had an employment letter but it didn’t reflect his promotion either. Our co-sponsor is his fraternity brother. He’s an engineer and was making way above the poverty line. Again, a very long shot, because he’s not related to any of us, biologically speaking. The Filipina Consular Officer didn’t mention anything about not accepting a co-sponsor on a K1 Visa application, so we thought our papers were already good. She asked if we had evidences of our relationship like correspondences and photos. We showed her the bag where the 19-pound papers were and said we had photos too, from 2011 till present. She laughed a bit and told us to just show it to the American Consular Officer who was going to interview us. Then we were asked to sit down and then wait for the next step, the interview.
We waited more than 2 hours before our number got called again; it was already 11:30am. We headed to Window 62, and were greeted by a Male American Consular Officer, possibly aged late 20’s early 30’s. He immediately asked my fiancé if he was my petitioner and Christopher said yes he was. The Consular Officer proceeded on to talking to Christopher about our financial documents, declining our co-sponsor’s papers (Because we were applying for a K1 visa, that co-sponsors aren’t allowed for that type of visa) and questioned him about his previous earnings (his current pay stubs that we weren’t able to print out because the printer broke the night before) and how he would provide for me "IF" we got married. To which he replied that he's working full time now and was recently promoted and then told the consular officer that I would be working as well after I get my work permit. At that point, the consular officer wasn't really hearing out any of our explanations and Christopher was told to take a seat. The CO then turned his attention to me and told me that my fiancé is not earning much based on his submitted documents. He kept on telling me that we’re supposed to prove his current sustained income. I told him, “When we get married, I will be working too. We’re going to be working together as husband and wife.” He still wasn’t hearing me out. In my mind I was thinking, he’s supposed to look at my age, my capability to work, my education. So I insisted, “Sir, can you please take a look at my work credentials? These are all addressed to the State Department.” (These were my resume, certificate of employment from my current job stating all the positions I’ve held in the company from Designer to Manager and my current income, Statements from my Clients from US, Dubai and Manila and Portfolio.) He didn’t read any of it, just looked through it and I quote, “Your work and employment might be good here, but it does not matter in the US. Even your combined income simply won't do.” I was floored. I was furious and couldn’t move. I graduated from one of the country’s prestigious universities; I’ve been working since 2000 (even through college) in my chosen field and excelled in it; I am a manager of a team in a digital advertising / web development company and I was belittled by the Consular Officer. He asked me how many times Christopher has visited me in the Philippines. I said, “This is the 4th time, and I spent Christmas with his family in the US in 2011.” A lot of things was running through my head at this time, he continued on asking questions, "What's his course in college?" I told him, "He majored in Airport Management. He specializes in that area." I forgot to say "He's from the College of Business and Public Administration with a concentration in Airport Management." I was freaking out, trying to control my emotions. He asked me again, “What are his hobbies?” I said, “He likes tinkering with electronics, computers and sound systems. He used to play video games but he already sold his gaming console. He also likes to travel a lot like me.” Then he dropped 2 flyers (1 in English, 1 in Tagalog) about domestic abuse on the document slot. They’re required to inform us about it. And then told me to retrieve my old passport with my US Tourist Visa (which was supposed to expire Feb 2021) and told me that he already cancelled it. I was in shock, again. I didn’t think they’d cancel it already, even if I don’t have the Fiancée Visa yet. He then told me to wait for my number to be called again on window 72 for instructions.
I went back to where Christopher was sitting and held his hand. He was obviously furious. We were talking and he was angry and didn’t realize his voice was getting louder. I kept on telling him to calm down and lower down his voice. I told him that we’re supposed to wait for our number to be called again. He stood up and went back to Window 62. I don’t know what happened here because I couldn’t see nor hear him. I just sank at my seat and was already tearing up. He went back to me and was even more angry and continued to hold his hand. I told him, we’re going to comply with whatever he’s asking of us. And that we should print out his latest pay stubs. We were caught at lunch break and were motioned to get out of the building and wait at the snack/waiting area.
Christopher stormed out of the Embassy trying to look for a Computer Shop where he can print his pay stubs and I was left in the waiting area. The other K1 applicants were asking me about what had happened. Christopher came back after what seemed almost an hour and we headed back inside the building by 1:30pm.
We got inside and took a seat near the releasing window. At 2:00pm, my name was called and we were given a 221(g) sheet at the Releasing Window number 72. The person behind the window explained to us that we need to present proof of my petitioner’s Current Sustained Income, and we showed him his pay stubs. The person asked us why we didn’t show this to the Consular Officer earlier. Christopher said that he had to go out and print it during the lunch break. Our case was then given back to the Consular Officer. We were told to sit down again.
After 10 minutes, the window directly in front of our seats opened and the CO that interviewed us earlier just pointed at me. I guessed that he wanted to talk to us both. We headed to Window 67. The Consular Officer explained that what Christopher printed out is still not enough proof, that he needs more documentation. Christopher again explained that his promotion and pay increase wasn’t reflected in that pay stub. The CO explained that he needs to determine his current sustained income before making a decision and proceeded onto apologizing to Christopher, saying he didn’t mean to demean his status or question his finances, it’s just that he needs proof – numbers he can calculate to determine if he has surpassed the poverty line. He also mentioned that he, as the Consular Officer, needs to look at the “totality of the circumstances”. I flared up. I had to say something. I said, “I mean no disrespect, Sir, but you have belittled me. I never told my fiancé about what you told me earlier, this is the first time he's hearing this after you made him sit down. You have demeaned and belittled me. I had to practically beg you to look at my credentials. You say you look at the totality of the circumstances, but you clearly didn't. You told me ‘Your employment doesn't matter in the US.’ I am a graduate of the University of the Philippines. I have a very good job. And on top of that, I do freelance work.” At that point the CO was shocked about my outburst. I broke down in front of them, then he said, "But the rules are clear with the poverty line." I said, "I know that, And I clearly understand that. But all I ask is an apology from you. You have been apologizing to him, What about to me and how you talked to me earlier? All I ask for is an apology." He said sheepishly, "I apologize and it was never my intention to belittle or demean you. " Christopher was also surprised about this. But he kept his cool. The CO explained to us that we basically have a year to prove or send these financial proofs he's asking of us. Of course, we don't intend to settle this in a year's time. He also said that, it is within his discretion whether the proofs we send are enough. He further explained that the 221(g) is neither and denial nor an approval. He just has to ask for more documents before making a decision on our case. With that, we left the embassy deflated, with a white 221(g) sheet and the instruction letter where “current sustained income” from petitioner is needed. We got out of the Embassy at almost 3pm. They also kept my passport.
Christopher left the Philippines on June 19th, Wednesday morning. We already requested his employer for an updated Affidavit of Employment stating this current position, that it’s a full-time position, and his hourly rate. He also was able to acquire his Job Offer Document, stating the same and the start date of his position. He scanned these documents and sent it to me through email on the evening of June 21st. The next day, I headed out to 2Go Mall of Asia to send out the 221(g) packet to the Manila US Embassy, Immigrant Visa Unit.
Our 221(g) sheet only asked for "Evidence of Current Sustained Income from Petitioner" but we decided to send in the following:
-Cover Letter from Christopher
-Employment Letter stating: Position, Full-time, Hourly Rate and Remarks from Regional HR
-Job Offer stating: Promotion, New Position, Full-time, Hourly Rate and Start Date of new position (June 20th) from 2 Managers at the company
- Official Work Schedule Screenshots
- Correspondence Email between me and Christopher, him just explaining the documents
-Previously submitted Employment letter (At the interview; As reference, same Regional HR)
-Updated Petitioner's G-325A (information doc) reflecting promotion
-Beneficiary and Petitioner's Letter of Intent to Marry (Just in case; they never asked us for this at the Interview
-My Current Employment Certification
-My International/Offshore Freelance Work Credentials (Letters of Clients from Dubai, US, Manila addressed to the State Department + Portfolio)
-My DFA Authenticated University Records
We sent these documents on June 22nd, Saturday and based on 2Go’s e-Trace, it has already been received by the Manila US Embassy yesterday, June 24th, Monday. Now, we currently are waiting for updates on our case. There is no exact time frame on how long this Administrative Processing is supposed to be. We just have to hope that what we sent in is already enough.
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[EDIT]
Still on AP as of July 2, 2013. Posted below is my conversation with the IV Unit Person yesterday over the phone.
This was how it went: (Mostly and Originally in Tagalog; Translated for everyone else.)
Erika: Good Afternoon. I just want to inquire about our case if our 221g documents were already received?
IVUnit Person: Do you have a Case Number?
Erika: Yes, it's XXXXXXXXXX
IVUnit Person: Are you -NAME-?
Erika: Yes, -FULL NAME-
IVUnit Person: Is this you?
Erika: Yes Ma'am.
IVUnit Person: Who is your petitioner?
Erika: -FULL NAME of Petitioner-
IVUnit Person: Ok, well, based on the consular officer's computation when he reviewed your case last Friday (June 28), his annual salary is $XX,XXX (barely shy of 125% poverty guidelines) and it's not enough.
Erika: Not enough?
IVUnit Person: Yes, His pay rate times 40 hours times 52 weeks in a year.
Erika: Excuse me? Wait. The Consular Officer specifically said we should reach the 100% of the poverty guidelines of 2013. Which is 15,000++.
IVUnit Person: Yes. that's actually 15,510.
Erika: So then, let me get this straight, $XX,XXX is still not enough?
IVUnit Person: That's what the consular officer noted here.
Erika: Wait, I'm sorry, I really just have to get this straightened out. 100% is 15,510. He computed $XX,XXX plus? (Above 100% obviously)
IVUnit Person: Let me look for the consular officer if he's still here.
Erika: Ok.
...waited for 5 minutes...
IVUnit Person: The consular officer is not around anymore. I was advised by the caseworker here to just forward your concern to the consular officer tomorrow. and maybe you should call back on Wednesday.
Erika: Ok... but again, he computed $XX,XXX++ correct?
IVUnit Person: Yes.
Erika: Isn't $XX,XXX++ greater than the 100% which is $15,510?
[IVUnit Person must've realized I was right, after asking her over and over again. It's simple math: 5 is greater than 4. As well as 8 is greater than 7.]
IVUnit Person: Whatever you're contesting with me, is what I'm going to tell the consular officer. I cannot give you any answers. All I can do is recommend it for review again.
Erika: Ok. So I'm just going to call again on Wednesday?
IVUnit Person: Yes, but I cannot assure you that there would be an update by then.
Erika: Ok, then I'll call on Wednesday. Thank you.
IVUnit Person: Thank you for calling.
Still on AP. For I don't know how long. This is breaking my heart every single day. To know that we complied with what the Consular Officer said, but still getting pushed away.  |
| Rating : |
Very Poor |
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