Interview failed....Manila Embassy...

[eros_EX_Plumber 0]

I need a favor for some fellow VJ that have received a while SLIP.....

Is there any way you can scan it and post after removing the your personal info........

I am trying to understand what this means;

212(a) 5 (A) You are NOT qualified under LABOR certification requirements

(that is where the X supposedly is)

What the HELL is labor certification has do do with a FIANCE VISA ?

It sure has nothing to do with my job...that is for certain...

my mind is going trough a million toughs right now.....

and I am afraid I may have to change my screen name to

EROS THE SCAMMED

EROS THE IDIOT

EROS THE FOOL

i've seen the phrase labor certification used in a few instances here on vj:

http://www.visajourney.com/forums/index.php?showtopic=32563

(post #2)

http://www.visajourney.com/forums/index.ph...p;#entry2133982

(post 12)

given what you've told us, it might be best if you start a new thread in the waivers forum:

http://www.visajourney.com/forums/index.php?showforum=113

get all the information you can regarding what the denial was for, including the exact phrasing on the papers she was given so people can properly advise you in the above forum.

more info on what causes a labor certification exclusion.

http://www.americanlaw.com/exclude6.html

i'm mystified about the entire situation you are in, but i wish you good luck.

Thanks Charles, I will follow your advises......

The Health care section do not apply to her since is not a nurse ....or want to be one eitheir...

Edited September 24, 2009 by ErosandSally

[badger 0]

How long was the overstay. And yes i think it is a criminal offense if you overstay and keep working without proper papers.

[AMTDP 0]

I'm so sorry to hear that...maybe she was nervous at that time and she didn't notice that she took the wrong one.i'll pray for you guys...just pray and pray..God bless!!

Well.... here is what I was able to get out of an hysterical fiance....

it all goes back to a GOOD CONDUCT certificate of Bahrain..... the one we spend 5 months try to correct.

THE CERTIFICATE from HELL..... i call it....and rightly so...

They send it with the WRONG birth date on it the first time....so we requested again...some IDIOT there screw it up.

They finally send us the corrected one.....

Now there is so much i can do....but there is no medication for ...."lack of use of brain and common sense"...

I explained over and over, make sure you take with you the CORRECTED ONE with you...so will not get confused...maybe just destroy the WRONG one....

So which one you all think she took with her.....take a wild guess !!!!!!!

So the words...she hear...

who is this person with the wrong birth date on this certificate for Bahrain?....

she explain to them that they send the wrong certificate and later they send one that is correct...

But Guess what....she cant find it in her all documentation she took with her.....she must left it at home....

the final words from embassy was.... INTERVIEW FAILED...YOU CAN GO HOME NOW....

Now I really do not know what do next....what the next steps should be...

I am really not sure how to deal with this anymore.....

just too tired and sick about it...along other health problems i have already to deal with...

[aarons 0]

Hi Eros..Im sorry to hear about your news..think positve..you did not talk well to your fiance are you?for every problem there is a solution..never give up! With you at my prayers...God bless..

[hellINTIM 9]

I need a favor for some fellow VJ that have received a while SLIP.....

Is there any way you can scan it and post after removing the your personal info........

I am trying to understand what this means;

212(a) 5 (A) You are NOT qualified under LABOR certification requirements

(that is where the X supposedly is)

What the HELL is labor certification has do do with a FIANCE VISA ?

It sure has nothing to do with my job...that is for certain...

my mind is going trough a million toughs right now.....

and I am afraid I may have to change my screen name to

EROS THE SCAMMED

EROS THE IDIOT

EROS THE FOOL

can i asked u wat kind of visa u apply? just fiance visa or immigrant visa?

[calico1 1]

EROS,

You have been absolutely shell shocked, and I know all here can feel your pain. Only you can know if a strong love exhists between you and your fiance' and if it does..don't give up...it must seem like a hopeless, impossible situation right now..as your pain subsides a little bit, and God knows you have a ton right now..you will better be able to focus on the immigration troubles.. and this may still all work out. My deepest regards go out to you and Sally... God Bless

[RVIANE♛ 5]

I need a favor for some fellow VJ that have received a while SLIP.....

Is there any way you can scan it and post after removing the your personal info........

I am trying to understand what this means;

212(a) 5 (A) You are NOT qualified under LABOR certification requirements

(that is where the X supposedly is)

What the HELL is labor certification has do do with a FIANCE VISA ?

It sure has nothing to do with my job...that is for certain...

my mind is going trough a million toughs right now.....

and I am afraid I may have to change my screen name to

EROS THE SCAMMED

EROS THE IDIOT

EROS THE FOOL

can i asked u wat kind of visa u apply? just fiance visa or immigrant visa?

he kept saying FIANCEE VISA so i guess that means they applied for fiancee visa and not immigrant visa

[Lingladyinred19 13]

Sorry to hear that...

For I know the plans I have for you," declares the Lord, "plans to prosper you and not to

harm you, plans to give you hope and a future." - Jeremiah 29 verse 11

have faith in god..

There is a reason for this.. Just pray

God bless u

[edp333 9]

Eros, I would suggest calling the Manila visa unit right at 7:30 AM Manila time. This is the best time to get someone to answer the phone. The number is 011-632-301-2000 ext 5184. If you hear the recording press 1 before the recording ends. Keep this cycle up until someone answers the phone.

If you let the recording end, you will be switched to the general phone number and will have to call again. Be persistent and ask questions like, "who can I speak with that knows?"

[Rocky_nBullwinkle 6]

oohhhhh i see.. so the mitake is from the certificate from bahrain...

eros u can try to call the use to give explanation maybe they will listen to u...

bcoz if sally is the only one will go there it will be 50-50% that they will listen to her.. bcoz according to u.. the co told her already she is deny... go home now... they already stopped the process bcoz of the wrong docu. think this is a serious problem with the embassy its not a small mistake....

just try to call them ok.. maybe u will find the answer if they will give her another chance to submit the right docu...

goodluck!!!

Right. Call the US embassy in Manila. Find out the reason why she screwed up. Her case is not an isolated one. There is still something that can be done. Am I right?

[eros_EX_Plumber 0]

To all.....it is FIANCE visa K1.....

what it is on the White Slip ....Today...( I cant Trust it anymore !!!!! unless i see it with my own eyes) yesterday was different.

the X is on the following;

YOU ARE NOT QUALIFIED UNDER THE CURRENT CERTIFICATION REQUIREMENTS....

YOU HAVE NO PETIONABLE RELATIONSHIP TO THE PETITIONER.......

her English is not great.....I told her (and again she DID NOT not listen!!!!) to ask for TAGALOG interview...knowing how great her English really is...

Screw up number 1....... Police Certificate with wrong Birth date.....

Screw up number 2...... Does you FIANCE have kids? she answer NO and then she retracted because she did not understand and give the name of my 2 kids correctly....

according to her she did not understand the question correctly, while she know very well I have 2 kids and spoke and chatted with both of kids in last 3 years....

Now there is "so much I can do" to help someone.....i really done my best and have no regret because I really out my heart and soul in this relationship.....

I will call the embassy tonight....Friday Morning Manila time....maybe a get a clearer picture..

I am to the point in my life when I cannot no longer fight so many battles on so many fronts....

fighting a foreign government bureaucrat in the middle east, a Fiance that does not listen, problems with language, an embassy interviewer maybe was on a bad day, worrying daily about my job, a divorce that left a scar bigger then my all body...etc,etc

something has to give.... and my health is slowly giving away.....

just returned from a CT scan in the imaging center.. trying to figure out what is wrong....

I apologize about my rants and expressions but just wanted to let anyone know that this relationship was started and during it... with all the best intentions...and feelings...

I really need to think hard and deep inside of me on what do next.....

because if we have problems with a fiance visa.....i see NO DIFFERENCE trying to get her here on a married visa (IR/CR1)

Thank you all for reading my sad story....

Edited September 24, 2009 by ErosandSally

[Deputy Purple 1,294]

the X is on the following;

YOU ARE NOT QUALIFIED UNDER THE CURRENT CERTIFICATION REQUIREMENTS....

YOU HAVE NO PETIONABLE RELATIONSHIP TO THE PETITIONER.......

I'm putting aside everything else but believe me I understand many of your issues as I was divorced for almost 10 years prior to marrying Anna and I've been raising my 2 daughters (not 14 & 17) alone since even before that divorce.

You need to think how did she fail to demonstrate Your "Bona fide" Relationship?

What evidence did she have to present?

- Proof that you had met in person with the last 24 months.

- Proof of ongoing communications such as chat logs, e-mails & letters/cards posted to her.

- Proof of any ongoing financial support from you to her.

- Proof of your engagement such as engagement ring, receipt for the purchase of the engagement ring, engagement party pictures, notice of engagement sent to family & friends.

- Affidavit of knowledge of your relationship from people in both your lives.

- Recent Letter of Intent to Marry.

I could understand how a CO would see her lack of English Communications Skills as a sign that in 3 years you guys haven't built a real relationship as communications really is key to a solid relationship. How good is your Tagalog? How do you communicate if you don't have a common language to speak in?

Do not jump to the conclusion that she has spent 3 years scamming you, they can get here much quicker on a scam relationship and if she was just looking for a quick plane ticket she would have jumped ship at the first sign of trouble.

When my wife gets frustrated, stressed or angry with me she shuts of all communications and I hate that too. I think it's a female thing more than anything else as I've had previous girlfriends do the same thing (both Asian & American).

[morocco4ever 63]

I certainly hope that you haven't been as harsh on her as you have been towards her here. I am sure she feels bad enough already.

My husband was denied a visa because he made the mistake of telling the CO that he had 2 relatives in the US. A sister and an ex brother in law. They got confused and thought that these 2 were married then divorced, and in fact the ex brother in law was from a different sister. Basically he was accused of having his sister pay me to marry him.

It took us and additional 15 months after the returned petition to get the visa. I never once made my husband feel bad for saying the wrong thing. Why beat him up when he is already doing it to himself?

I could give you guidance to assist you in this, but to be honest I don't see the necessary love and conviction necessary to get through this. I suggest that you take care of your health needs first, and when you are ready to commit yourself to someone enough to fight the battle you should try again. Although I don't think it would be fair to ask her to wait. Just my honest opinion from someone who has already been there and done it.

[Zen Den 18]

I need a favor for some fellow VJ that have received a while SLIP.....

Is there any way you can scan it and post after removing the your personal info........

I am trying to understand what this means;

212(a) 5 (A) You are NOT qualified under LABOR certification requirements

(that is where the X supposedly is)

What the HELL is labor certification has do do with a FIANCE VISA ?

It sure has nothing to do with my job...that is for certain...

my mind is going trough a million toughs right now.....

and I am afraid I may have to change my screen name to

EROS THE SCAMMED

EROS THE IDIOT

EROS THE FOOL

hello eros. this is what i found under the USEM website about inadmissability.

212 a (5)A says this:

The doc specifies all specific instances where an applicant will be inadmissable.

in sum, it starts...

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

1. health related grounds

2. criminal and related grounds

3. security and related grounds

4. public charge

and then

(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-

(I) is a member of the teaching profession, or

(II) has exceptional ability in the sciences or the arts.

(iii) PROFESSIONAL ATHLETES-

(I) In general.-A certification made under clause (i) with respect to a professional athlete shall remain valid with respect to the athlete after the athlete changes employer, if the new employer is a team in the same sport as the team which employed the athlete when the athlete first applied for certification.

(II) Definition.-For purposes of subclause (I), the term "professional athlete" means an individual who is employed as an athlete by-

(aa) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage; or

(bb) any minor league team that is affiliated with such an association.

(iv) LONG DELAYED ADJUSTMENT APPLICANTS- A certification made under clause (i) with respect to an individual whose petition is covered by section 204(j) shall remain valid with respect to a new job accepted by the individual after the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the certification was issued.

(B) Unqualified physicians.-An alien who is a graduate of a medical school not accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States) and who is coming to the United States principally to perform services as a member of the medical profession is inadmissible, unless the alien (i) has passed parts I and II of the National Board of Medical Examiners Examination (or an equivalent examination as determined by the Secretary of Health and Human Services) and (ii) is competent in oral and written English. For purposes of the previous sentence, an alien who is a graduate of a medical school shall be considered to have passed parts I and II of the National Board of Medical Examiners if the alien was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date.

© Uncertified foreign health-care workers Subject to subsection ®, any alien who seeks to enter the United States for the purpose of performing labor as a health-care worker, other than a physician, is excludable unless the alien presents to the consular officer, or, in the case of an adjustment of status, the Attorney General, a certificate from the Commission on Graduates of Foreign Nursing Schools, or a certificate from an equivalent independent credentialing organization approved by the Attorney General in consultation with the Secretary of Health and Human Services, verifying that-

(i) the alien's education, training, license, and experience-

(I) meet all applicable statutory and regulatory requirements for entry into the United States under the classification specified in the application;

(II) are comparable with that required for an American health-care worker of the same type; and

(III) are authentic and, in the case of a license, unencumbered;

(ii) the alien has the level of competence in oral and written English considered by the Secretary of Health and Human Services, in consultation with the Secretary of Education, to be appropriate for health care work of the kind in which the alien will be engaged, as shown by an appropriate score on one or more nationally recognized, commercially available, standardized assessments of the applicant's ability to speak and write; and

(iii) if a majority of States licensing the profession in which the alien intends to work recognize a test predicting the success on the profession's licensing or certification examination, the alien has passed such a test, or has passed such an examination.

For purposes of clause (ii), determination of the standardized tests required and of the minimum scores that are appropriate are within the sole discretion of the Secretary of Health and Human Services and are not subject to further administrative or judicial review.

(D) Application of grounds.-The grounds of inadmissibility of aliens under subparagraphs (A) and (B) shall apply to immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(B).

...i don't understand either how she "failed" the interview and the CO marked her white slip x on the grounds of 212 a (5) A because it doesn't apply to her

...i hope you do call the USEM asap to get the details...good news is her case is not yet 221 (g) which means denied

...read also the whole provision here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

...don't lose hope...it's not over til it's over...call your fiancee's friends and family is wouldn't talk to you still.

...if she loves you she'll get over the shock/sadness and apply for a new copy of the document.

...you've spent 3 yrs for this, what is 6 weeks more to apply for the doc again, if you have to.

god bless!

[rheanick 42]

To all.....it is FIANCE visa K1.....

what it is on the White Slip ....Today...( I cant Trust it anymore !!!!! unless i see it with my own eyes) yesterday was different.

the X is on the following;

YOU ARE NOT QUALIFIED UNDER THE CURRENT CERTIFICATION REQUIREMENTS....

YOU HAVE NO PETIONABLE RELATIONSHIP TO THE PETITIONER.......

her English is not great.....I told her (and again she DID NOT not listen!!!!) to ask for TAGALOG interview...knowing how great her English really is...

Screw up number 1....... Police Certificate with wrong Birth date.....

Screw up number 2...... Does you FIANCE have kids? she answer NO and then she retracted because she did not understand and give the name of my 2 kids correctly....

according to her she did not understand the question correctly, while she know very well I have 2 kids and spoke and chatted with both of kids in last 3 years....

Now there is "so much I can do" to help someone.....i really done my best and have no regret because I really out my heart and soul in this relationship.....

I will call the embassy tonight....Friday Morning Manila time....maybe a get a clearer picture..

I am to the point in my life when I cannot no longer fight so many battles on so many fronts....

fighting a foreign government bureaucrat in the middle east, a Fiance that does not listen, problems with language, an embassy interviewer maybe was on a bad day, worrying daily about my job, a divorce that left a scar bigger then my all body...etc,etc

something has to give.... and my health is slowly giving away.....

just returned from a CT scan in the imaging center.. trying to figure out what is wrong....

I apologize about my rants and expressions but just wanted to let anyone know that this relationship was started and during it... with all the best intentions...and feelings...

I really need to think hard and deep inside of me on what do next.....

because if we have problems with a fiance visa.....i see NO DIFFERENCE trying to get her here on a married visa (IR/CR1)

Thank you all for reading my sad story....

The CO could interpret the interview as fraud since she was not able to answer the question regarding your kids correctly and she had the wrong document. These are two items confirming that the relationship is not real as perceived by the CO.

The issue is more of her not understanding english combined with the anxiety of the interview.

The only practical thing i could suggest is for her to learn english. She should try to be fluent with the english language.

Another option is for you to learn her dialect for better communication. Communication is a big factor in a relationship.

Sorry to hear about your case.