K-3 visa application

[beachboy 0]

This dissertation is to help others by understanding what we have gone through in this process as well as to seek assistance from others who have traveled down this path.

My wife and I were married in the Philippines almost a year ago. We filed an I130 in August. At the US embassy in Manila, we got lots of confusing, contradictory, conflicting and false information regarding my wife's immigration to the US. I was told that I needed to return to the US in advance of my wife to establish domicile. The sheet I was given cited three immigration statutes, which I later discovered have nothing to do with spouse visas. They are for visitor visas. Also, I don't need to establish or prove domicile. I could do that at that time. Other trips to the embassy netted similar results, which concluded with me returning to the US alone anyway.

USCIS received our I-130 and in December, I was given information that I needed to file I-864, which I did. Then, we learned that my wife needed to file DS-230, which she did. No one ever provided us with instructions, which when found proved to be quite confusing, resulting in at least two mistakes on each form. The corrected forms are now with the NVC in New Hampshire.

A month ago, I received documentation from USCIS that our case was being handled by the California Service Center, although Texas is closer. NVC said that we would be notified within two weeks as to the status, when to expect an interview letter and the rest of the procedure. That was three weeks ago. After I received that documentation, I went to the USCIS site to review the status of our case, and found that the documents they sent to me were returned undeliverable and that in six months they would trash our application and we'd need to start over completely. I called USCIS immediately and was told that the documents were resent successfully. The notice is still on the website.

We are so frustrated at the bureaucracy and confusion. Instead of just the State Dept. overseeing everything, Homeland Security is also involved. This creates confusion, since by their own admission, neither department communicates with each other and neither are familiar with the procedures of the other. Information required is redundant and help is next to non-existent. The websites for both USCIS and NVC are long, confusing and hard to navigate. They ask for suggestions but almost never implement any of them, especially if it involves simplification.

Immigration attorneys are also ignorant. I have discussed this with at least six lawyers and can't get the same answer out of any two of them for the same question. Some say that we need to file I-129 now; others say not to, since it's a fiance visa, not a spouse visa. It's also an extra $400. We've already paid $355, $70 and $400 respectively. When does the money machine stop?!? And when does the bureaucracy stop?!? We still need to pay for the medical exam for her ($213) and the interview ($???). Why does a fiance visa get a woman here in a matter of three or four months, but we have to wait more than a year to get a spouse here? Isn't that backwards?

We really don't know what to expect next, what the timeline is and when we can expect the interview? Any suggestions would be greatly appreciated.

The only attorney that gave me decent answers is Audra Benhe of Los Angeles. She has a blog on the USCIS website. I have met with her and she is pretty straight forward.

[pushbrk 13,184]

This dissertation is to help others by understanding what we have gone through in this process as well as to seek assistance from others who have traveled down this path.

My wife and I were married in the Philippines almost a year ago. We filed an I130 in August. At the US embassy in Manila, we got lots of confusing, contradictory, conflicting and false information regarding my wife's immigration to the US. I was told that I needed to return to the US in advance of my wife to establish domicile. The sheet I was given cited three immigration statutes, which I later discovered have nothing to do with spouse visas. They are for visitor visas. Also, I don't need to establish or prove domicile. I could do that at that time. Other trips to the embassy netted similar results, which concluded with me returning to the US alone anyway.

USCIS received our I-130 and in December, I was given information that I needed to file I-864, which I did. Then, we learned that my wife needed to file DS-230, which she did. No one ever provided us with instructions, which when found proved to be quite confusing, resulting in at least two mistakes on each form. The corrected forms are now with the NVC in New Hampshire.

A month ago, I received documentation from USCIS that our case was being handled by the California Service Center, although Texas is closer. NVC said that we would be notified within two weeks as to the status, when to expect an interview letter and the rest of the procedure. That was three weeks ago. After I received that documentation, I went to the USCIS site to review the status of our case, and found that the documents they sent to me were returned undeliverable and that in six months they would trash our application and we'd need to start over completely. I called USCIS immediately and was told that the documents were resent successfully. The notice is still on the website.

We are so frustrated at the bureaucracy and confusion. Instead of just the State Dept. overseeing everything, Homeland Security is also involved. This creates confusion, since by their own admission, neither department communicates with each other and neither are familiar with the procedures of the other. Information required is redundant and help is next to non-existent. The websites for both USCIS and NVC are long, confusing and hard to navigate. They ask for suggestions but almost never implement any of them, especially if it involves simplification.

Immigration attorneys are also ignorant. I have discussed this with at least six lawyers and can't get the same answer out of any two of them for the same question. Some say that we need to file I-129 now; others say not to, since it's a fiance visa, not a spouse visa. It's also an extra $400. We've already paid $355, $70 and $400 respectively. When does the money machine stop?!? And when does the bureaucracy stop?!? We still need to pay for the medical exam for her ($213) and the interview ($???). Why does a fiance visa get a woman here in a matter of three or four months, but we have to wait more than a year to get a spouse here? Isn't that backwards?

We really don't know what to expect next, what the timeline is and when we can expect the interview? Any suggestions would be greatly appreciated.

The only attorney that gave me decent answers is Audra Benhe of Los Angeles. She has a blog on the USCIS website. I have met with her and she is pretty straight forward.

You still appear to be thoroughly confused. First clue is that your're posting about your CR1 visa process in the K3 visa forum. If you've already paid the $70 and $400 fees, your case is at NVC, part of Dept. of State, not the California Service Center, part of USCIS. No attorney has a blog on the USCIS website. If you think they do, then you've made a huge error.

Study the CR1 guide here and then learn about specific procedures in Manila to determine the timing but generally you can expect an interview within a couple months of NVC completing its work on your case. If you sent the DS 230 and supporting documents and earlier the I-864 and supporting documents, NVC should complete your case very soon.

[TomD 4]

I dont know the total accuracy of the above post but I feel his frustration. I was told much the same thing by the same US Embassy that I needed to return to the US and start the filing process from my home here. This meant that I had to leave PI and I did about 6 weeks later. Then when I got here I could not even speak to anyone on the phone number published on their website. I sent an email complaining about it and got an appology which didnt help because they basically told me to try again and I did and still could not speak with anyone. I agree with most of what the person who initiated this thread stated with regards to the process. I to am confused and frustrated with it. I feel that our so called goverment workers are less than compatent and the web sites are not very clear or easy to follow. If things were that great with our goverment departments and servants this website would not be needed.We should not feel that we have accomplished a great thing by getting our wives permission to come to our own country. It also should not take the lenght of time it takes to get this done. Period!!! However we have little choice but to try our best and get through this with the help of the good folks who offer it here.

[Darnell 8,479]

I can sense yer frustation, but -

forewarned is fore-armed, always.

Domcile is always an issue, so if you weren't able to prove it up on INTERVIEW DAY, the of course you have to go back to USA.

RE the rest of it.

My God - it's so confusing, I wonder who is to sue who for false information?

I notice you joined VJ today, so - I'll ask you to read the GUIDES section here, and undertand that processing for the petition and subsequent visa.

For this -> A month ago, I received documentation from USCIS that our case was being handled by the California Service Center - something is wonky - if you are IN USA and yer wife is in the PI, the casefile should have been sent to USEM MANILA, and not the CSC. For this to happen, IMO, you would have had to royally #### up the paperwork, and make USCIS AND NVC believe that yer wife was IN the USA, and not the PI.

If yer lass is IN the PI, I strongly suggest you contact NVC again, via telephone, and explain to them that your wife is supposed to be interviewed at Manila, and NOT in the USA. Once you can convince an NVC tele-operator of that, ask them to transfer the casefile to MANILA, with any expedite that they can do.

Sorry for the confusion you've lived through, so far. IMO, if the casefile finished up at NVC, it should never go back to CSC at all. There is one small exception (on purpose) and that is IF NVC decided that there were reasons to have the casefile re-adjudicated/reviewed at USCIS/CSC. You really should call NVC and find out why the casefile was transferred back to California. The first Human you talk to may not know the answer - ask for a visa specialist at NVC. If a Visa Specialist is still stupid, then ask for a supervisor.

If you can't get any further resolution, I strongly suggest you contact the USCIS ombundsman's office, and let that liason staffer figure out 1--where the casefile is, 2--why the casefile wasn't transferred to Manila and 3--how to get the casefile TO Manila. The ombudsman's office is great for fixing this type of ####-up, but you have to contact them, and be pro-active in all of yer communications with them.

Good Luck ! let us know how it all turns out, ya?

***moving to CR-1/IR-1 procedures forum, as this really is a CR-1 / IR-1 visa issue , not any K-3 issue***

Edited April 19, 2010 by Darnell

[sachinky 465]

You have a case #? Presumably starting with MNL? Call NVC as soon as they open -- here's the number 603-334-0700 and then get an update on your case status. They're open M-F 730AM to 12 MINDIGHT EST.

Your post is very confusing or you're very confused.

Good luck! Keep us posted.

[Filipinawife0210 15]

I agree that the entire process can be confusing, but the guides on this site have eased most of my confusion. If I have any questions, I ask. Now, as far as the petition going to USCIS, if you originally sent it to the Chicago lockbox, they forward it to the CSC based on where you live in the states, i.e., I live in South Dakota, so mine will be forwarded to the Nebraska SC. I understand this completely. From there, it will go to the NVC, and once complete, they forward everything to the US Embassy. The Embassy in Manila is a cluster. I attest to that whole heartedly, as it took me 4 hours of waiting in a tiny room packed with 60 people and their Filipina brides/fiances to get my Affidavit in lieu of LC to M. I was confused as to where to go from the get go. Twould be nice if they hired Americans to direct traffic in there...But I digress.

My advice would be to sit back, take a deep breath, and relax. I know how it feels to be away from your love. I'm there as we speak, but I know that with the help of the good folks on VJ, We will make it through the process....

Peace!