Manila Embassy Interview

[cguytx 0]

Dave, congrats on the approvals!!!! what a good feeling.

On another note after suffering near heart attacks reading several statements over the last 10 months of going through this process about rules and procedural changes I adopted the "Trust but Verify" logic. 99% of the time after hearing something new in the forums I would call USCIS, NVC, or USE directly and find that is was not the case. So Trust but VERIFY anything you "hear" from others. There are plenty of members in this forum who have been down this road, some even twice ;-).

Stephen

I am happy to report that my two step-kids' CR-2 interviews yesterday were successful! Maybe this little snippet of good news will help to get everyone off that NOA2 extension letter thread that has occupied so much bandwidth in the last 24 hours!!

For the keeper of the timelines, I never logged the kids as their case was unusual and the timeline was rushed as a result... definitely not typical!

Yesterday was not busy at the IV Unit, but I saw lots of smiling faces as folks came out of the interview rooms.. Let's hope it is a pointer to a successful January and February for us VJ-ers!!

Good luck everyone!!

[cguytx 0]

Funny sidenote to that form. I submitted one to NVC as I moved to a new address a week before our interview in Nov 06. I just now got a confirmation letter from NVC about the new address....they sent the confirmation letter to my OLD address and us post office forwarded to me...ha morons.

You will file a new bio sheet for AOS and can submit the new mailing address with her I94 form that will be stapled into her passport with visa on PEO as well. I wouldn't sweat it but ultimately it is your decision.

I think I found a new place to live for me and my sweetie when he gets here. Ok so now what do I have to do that he is not actually going to be living at the address i listed on the 1-129F paperwork now? Is there some change of address form... I am not moving till after his interview, after um, Feb 8th. Then what do I submit? any answers?? thanx! the beaurocratic disaster has just begun.. LOL!

Edited January 11, 2007 by cybernutguy

[Michael and Milahjean 0]

Try these guys:

http://www.teamlbc.com/

I've heard they are reasonably priced. I may need to do the same in April.

Mike

Congratulations to Dave Horton with your step kid's interviews!

Just an FYI update with regard to shipping documents internationally.

On Monday, at about 9:30am California time, I mailed off 1.2 lbs of documents (Affidavit of Support, copy of I-129F, etc) to Jinky through the U.S. Postal Service using Global Express Guaranteed at the cost of $54. She received it, hand delivered by a FedEx agent today (her Thursday), my Wednesday evening at approximately 8pm...that was less than 3 days!

Had I gone directly through FedEx, the cost would have been $164...so I saved over $100.

I know some here in this thread said they've tried this service without reliable success, however, I would point out that you must make sure you are getting the 'Guaranteed' Global Express where the label has a FedEx logo on it. The U.S. Postal Service works with FedEx for this service, which is comparible to FedEx's speed but for a fraction of the cost.

Just wanted to pass that along and hopefully save other's here some money.

[Michael and Milahjean 0]

Ooops...my last post was supposed to reference John amd Marlene's post regarding shipping of a package from Phils to USA. Sorry for the confusion.

Mike

[Dean iWait 0]

I'ts not automatic.

Gary,

It is automatic...unless there is a problem in which case the embassy will notify you that you need to send them more info or something....you should never send the embassy anything they don't ask for.

Jazzy

Maybe you can help out here and point us to the source of your information that it's automatic. That might end the debate and keep us from sending useless faxes and letters.

Gary,

As i stated early there is nothing written in stone...there is no chapter and verse for this...if you call the embassy or even the NVC they will tell you that it is extended...especially if you already have an interview scheduled outside of the 4 month period....its just the way its done.

Jazzy

Jazzy,

Again I agree with you thats it's very routine for the embassy to revalidate the approval. I will drop this anytime you want to stop saying it's automatic. I just take this whole procees very seriously and I'm sure you do to. So let's try to learn from each other here ok? I would try decaf if this was something that actually upset me or got me mad or emotional but it's not. I'm also not pretending to be an expert on the subject because I got my information on this subject from an expert. I'm wondering if you will even read the following article, but it's from a good immigration attorney with 27 years experience and I trust his opinion on this issue. As far as chapter and verse I beleive the FAM is the only chapter and verse we have to go by on this subject. In my humble opinion I still don't think you should tell people it's automatic when you aren't familiar with their individual case. Here is an article from Marc Ellis (ellis island here on VJ):

K-1 Conundrum (Double or Nothing-Revocations)

K-1 and K-3 visas are odd fish. They are non-immigrant visas. Yet they e processed at consulates as IV’s . Not only that, K-1’s and K-3’s have definite life-spans. A K-1 for instance expires after four months. It normally takes more than four months from the time of DHS approval for a beneficiary to be interviewed at the consulate. Thus, by the time the beneficiary in our fact situation shows up at the window, the petition approval is no longer valid.

41.81 N6.2 Validity of a K-1 Petition (TL:VISA-581; 09-03-2003)

An approved K-1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of DHS with an explanatory memorandum. [see 9 FAM 41.81 PN7 for revalidation procedure.)

So in our fact situation above, let us assume the approval of her sponsor’s petition has lapsed at the time of the interview. And it will not be revalidated unless and until the consular officer is persuaded on the merits of her visa application.

Reading the above passage, the FAM seems to place a built-in presumption against the intentions of the couple if the processing time for the K-1 petition has been delayed, even for reasons beyond their control. That presumption grows more persuasive, the longer the petition is delayed. 9 FAM 41.81 N6.2 also mandates that if the consular officer does not believe the couple intentions, at the interview, he or she must return the already expired petition approval with an explanation to DHS.

What is the point of returning an expired petition to a DHS Service Center? It’s hard to say. Perhaps it’s simply an information exchange between the two agencies or perhaps it’s professional courtesy. But this is a part of the process that poses great danger for petitioners. This is the place in the process where a 212(a)(6)©(i)[1] Misrepresentation trap has been set by the FAM

I continues if you want to follow the link below.

http://www.ilw.com/search/documentFrame.as...req=Marc+Ellis+

[2 Hearts 0]

PW,

Maricel received a message on December 21st that DHL had delivered Packet 4, but she was unable to pick it up since she was spending the holidays with family. I am happy to say she received the Packet 4 also at St. Lukes this week (as promised by USE) when she successfully completed the St. Luke's Medical Exam.

We are so happy to be on the final stretch of a long road. Now, we are just focusing on her USE interview date next month (February 20th).

I tend to follow this Manila thread as a silent participant, but I truly have benefited from the wonderful information and sharing that takes place here. I particularly would like to give kudos to you, PW, for maintaining the list (a thankless job) and to Uling (for a wonderful signature chaulked full of invaluable info). I too hope the thread stays positive.

Good luck to all!

[Alanlvsjudy 0]

the article by Mr Ellis is meant to cover all embassies, If you'll look at the letter or P3 letter from the manila embassy it says we want to ASSURE you...blah blah AS LONG AS YOU BOTH REMAIN LEGALLY FREE TO MARRY AND INTEND TO DO SO blah blah...

SO what would they be assuring us of if it were not that as long as you still intend to marry that they will revalidate???????

Jazzys right, its automatic

but hey send all the faxes letters telegrams candygrams you want, but for crying out loud

LET IT GO!

[one...two...tree 2,762]

the article by Mr Ellis is meant to cover all embassies, If you'll look at the letter or P3 letter from the manila embassy it says we want to ASSURE you...blah blah AS LONG AS YOU BOTH REMAIN LEGALLY FREE TO MARRY AND INTEND TO DO SO blah blah...

SO what would they be assuring us of if it were not that as long as you still intend to marry that they will revalidate???????

Jazzys right, its automatic

but hey send all the faxes letters telegrams candygrams you want, but for crying out loud

LET IT GO!

Just my two cents - since the Manila Embassy often schedules the interview date after the 4 month expiration, and they felt it the responsability of the petitioner to ask for an extension they would make a point of that on their website, but they don't. Does anybody have an idea how many K1 Visas they interview for in a month? I'll take a wild guess and say it's got to be in the hundreds. Kind of silly to then think they'd be sending petitions back to DHS because they didn't ask for an extension.

[garya505 2]

the article by Mr Ellis is meant to cover all embassies, If you'll look at the letter or P3 letter from the manila embassy it says we want to ASSURE you...blah blah AS LONG AS YOU BOTH REMAIN LEGALLY FREE TO MARRY AND INTEND TO DO SO blah blah...

SO what would they be assuring us of if it were not that as long as you still intend to marry that they will revalidate???????

Jazzys right, its automatic

but hey send all the faxes letters telegrams candygrams you want, but for crying out loud

LET IT GO!

We did not received any letter with that wording. Where did you see that?

[jazzy 0]

Dean,

I read the article you posted. It kinda supports what i've said. He says that by the time the "interview" comes around the petiton has expired...blah blah blah....its up to the consular...blah blah blah. The thing is...everything is up to the consular, whether the petition is expired or not you still have prove to the consulars satisfaction that you have an ongoing relationship, and your intent is to marry. Also the date of this article is back in 2003, some things have changed since then. The fact still remains that the embassy does automaticly extend the time frame when its no fault of the petitioner or benificiary that the time frame has lapsed.

Jazzy

[robhankins 0]

Dean,

I read the article you posted. It kinda supports what i've said. He says that by the time the "interview" comes around the petiton has expired...blah blah blah....its up to the consular...blah blah blah. The thing is...everything is up to the consular, whether the petition is expired or not you still have prove to the consulars satisfaction that you have an ongoing relationship, and your intent is to marry. Also the date of this article is back in 2003, some things have changed since then. The fact still remains that the embassy does automaticly extend the time frame when its no fault of the petitioner or benificiary that the time frame has lapsed.

Jazzy

When the same thing happens exactly the same way at the same place thousands of times in a row without exception over the course of years, it is "pretty fu%^ing automatic". That's the way the "smart money" would go.

[Pinay Wife 47]

You posted the email of the embassy, Gary. Here it is. That's why I was wondering why you would still want to send a request to extend the validity of petition when the embassy already assured you that it routinely extends NOA2. You only need to prove that you remain legally free to marry and intent to marry is still there. You can signify intent to marry either verbally during interview or in writing by submitting updated Affidavit of Intent to Marry.

You may receive a letter (sometimes referred to as packet 3) from the Embassy, but many do not. They didn't send my fiancee anything so I emailed them and they replied after a while. Here's the text of the email, which I understand is similar or the sane as what is in the letter if (you get it).

"We received the fiancé(e) visa petition (I-129F) from the State Department's National Visa Center (NVC) on October 17, 2006. No appointment has been scheduled as yet, but we have already included the applicant on the list of qualified applicants awaiting an interview schedule. Because of our heavy volume of fiancé(e) visa applications, the waiting time for a visa interview at present is approximately between 120 - 150 days from receipt of the petition in Manila.

We will inform the applicant of the interview date as soon as it is scheduled. We will mail the applicant an appointment packet with information and instructions to apply for a visa about 30 days before the scheduled interview. We will also send you a copy of the appointment letter.

We want to assure you that while an approved fiancé(e) petition is originally valid for four months from the date of its approval, a consular officer may revalidate it for an additional four months. This revalidation is routine as long as you and the beneficiary remain legally free to marry and continue to intend to do so within 90 days after the beneficiary is admitted into the United States.

A list of immigrant and fiancé(e) visa cases that have been scheduled for an interview is available at our web site at http://philippines.usembassy.gov/wwwh3023.html. You or the applicant may check the interview date at this Internet address, where appointments scheduled for the current month and the following month are listed according to case numbers. The list is updated in the middle of each month.

If the applicant would like to inquire further about the status of the visa case, she may contact the Embassy's Visa Call Center at telephone 1-909-101-7878. This number is for subscribers of PLDT and Smart telephone touchtone landlines with national and international distance dialing features (NDD or IDD access). Callers in the USA can contact the Call Center at 1-888-877-9888. The Call Center is open Monday through Friday, from 8:00 a.m. to 6:00 p.m. (Manila time). There is a fee assessed to callers by the Call Center for its services"

Edited January 12, 2007 by PatientlyWaiting

[charlie_brown 0]

You posted the email of the embassy, Gary. Here it is. That's why I was wondering why you would still want to send a request to extend the validity of petition when the embassy already assured you that it routinely extends NOA2. You only need to prove that you remain legally free to marry and intent to marry is still there. You can signify intent to marry either verbally during interview or in writing by submitting updated Affidavit of Intent to Marry.

You may receive a letter (sometimes referred to as packet 3) from the Embassy, but many do not. They didn't send my fiancee anything so I emailed them and they replied after a while. Here's the text of the email, which I understand is similar or the sane as what is in the letter if (you get it).

"We received the fiancé(e) visa petition (I-129F) from the State Department's National Visa Center (NVC) on October 17, 2006. No appointment has been scheduled as yet, but we have already included the applicant on the list of qualified applicants awaiting an interview schedule. Because of our heavy volume of fiancé(e) visa applications, the waiting time for a visa interview at present is approximately between 120 - 150 days from receipt of the petition in Manila.

We will inform the applicant of the interview date as soon as it is scheduled. We will mail the applicant an appointment packet with information and instructions to apply for a visa about 30 days before the scheduled interview. We will also send you a copy of the appointment letter.

We want to assure you that while an approved fiancé(e) petition is originally valid for four months from the date of its approval, a consular officer may revalidate it for an additional four months. This revalidation is routine as long as you and the beneficiary remain legally free to marry and continue to intend to do so within 90 days after the beneficiary is admitted into the United States.

A list of immigrant and fiancé(e) visa cases that have been scheduled for an interview is available at our web site at http://philippines.usembassy.gov/wwwh3023.html. You or the applicant may check the interview date at this Internet address, where appointments scheduled for the current month and the following month are listed according to case numbers. The list is updated in the middle of each month.

If the applicant would like to inquire further about the status of the visa case, she may contact the Embassy's Visa Call Center at telephone 1-909-101-7878. This number is for subscribers of PLDT and Smart telephone touchtone landlines with national and international distance dialing features (NDD or IDD access). Callers in the USA can contact the Call Center at 1-888-877-9888. The Call Center is open Monday through Friday, from 8:00 a.m. to 6:00 p.m. (Manila time). There is a fee assessed to callers by the Call Center for its services"

Even if you're not a lawyer, "will" and "may" are two totally different things.

If you don't believe me, tell your boss you "may" be at work tomorrow.

Edited January 12, 2007 by charlie_brown

[Pinay Wife 47]

And to put to rest "routine" and "automatic". Here's what the dictionary says:

ROUTINE ~ a regular course of procedure; habitual or mechanical performance of an established procedure

AUTOMATIC ~ largely or wholly involuntary, especially reflex; acting or done spontaneously or unconsciously

Since we are talking about a procedure here that requires conscious effort and not an involuntary action done spontaneously, "routine" would be the appropriate word to use. Plus of course, it's the word used by the embassy. The only requirement for NOA2 to be revalidated is for one to remain legally free to marry and that the intent is there. Request to revalidate is not a requirement.

Now, can we bury this issue already and start anew? Please? Pretty Pretty Woman Please?

Edited January 12, 2007 by PatientlyWaiting

[Alanlvsjudy 0]

the article by Mr Ellis is meant to cover all embassies, If you'll look at the letter or P3 letter from the manila embassy it says we want to ASSURE you...blah blah AS LONG AS YOU BOTH REMAIN LEGALLY FREE TO MARRY AND INTEND TO DO SO blah blah...

SO what would they be assuring us of if it were not that as long as you still intend to marry that they will revalidate???????

Jazzys right, its automatic

but hey send all the faxes letters telegrams candygrams you want, but for crying out loud

LET IT GO!

We did not received any letter with that wording. Where did you see that?

Interesting indeed Gary where DID I see that....

Quick question, Manila received my packet on Dec. 27th. Is it still possible to track any further activity after that and what is the best way to track it? How long does it usually takes before my fiance & I will receive a letter from them stating that they have my packet and it's in good hands (hopefully ) .

Thanks

You may receive a letter (sometimes referred to as packet 3) from the Embassy, but many do not. They didn't send my fiancee anything so I emailed them and they replied after a while. Here's the text of the email, which I understand is similar or the sane as what is in the letter if (you get it).

"We received the fiancé(e) visa petition (I-129F) from the State Department's National Visa Center (NVC) on October 17, 2006. No appointment has been scheduled as yet, but we have already included the applicant on the list of qualified applicants awaiting an interview schedule. Because of our heavy volume of fiancé(e) visa applications, the waiting time for a visa interview at present is approximately between 120 - 150 days from receipt of the petition in Manila.

We will inform the applicant of the interview date as soon as it is scheduled. We will mail the applicant an appointment packet with information and instructions to apply for a visa about 30 days before the scheduled interview. We will also send you a copy of the appointment letter.

We want to assure you that while an approved fiancé(e) petition is originally valid for four months from the date of its approval, a consular officer may revalidate it for an additional four months. This revalidation is routine as long as you and the beneficiary remain legally free to marry and continue to intend to do so within 90 days after the beneficiary is admitted into the United States.

A list of immigrant and fiancé(e) visa cases that have been scheduled for an interview is available at our web site at http://philippines.usembassy.gov/wwwh3023.html. You or the applicant may check the interview date at this Internet address, where appointments scheduled for the current month and the following month are listed according to case numbers. The list is updated in the middle of each month.

If the applicant would like to inquire further about the status of the visa case, she may contact the Embassy's Visa Call Center at telephone 1-909-101-7878. This number is for subscribers of PLDT and Smart telephone touchtone landlines with national and international distance dialing features (NDD or IDD access). Callers in the USA can contact the Call Center at 1-888-877-9888. The Call Center is open Monday through Friday, from 8:00 a.m. to 6:00 p.m. (Manila time). There is a fee assessed to callers by the Call Center for its services"

Edit to say I posted this before I saw the other posts I was not intending to hammer a

nail thats already been driven...pardon me please

Edited January 12, 2007 by Alanlvsjudy