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kirk and Jenny

looks like we are rejected

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Filed: K-1 Visa Country: Philippines
Timeline

I do not know if this will help anyone. It seems like we were rejected because Jenny did not have a picture of her and her ex-husband who deserted her and her child 5 years ago putting her brothers and then me in the position of supporting her and her child. Everything else was fine. I will fly over there and marry her soon. I will then come back and liquidate assets and emmigrate to the Philippines. I do not know if this is stating that presumptive death even though stated by the embassy is a valid show of singleness or not. I think we will never know the real reason for rejection. Anyway, I do not know if this helps anyone, but might be a reason to try annulment instead of presumptive death. Good luck to all of you and thanks for all the help this forum has been.

Take care,

Kirk and Jenny

Date I-129F Sent : 03/17/2006

Date I-129F NOA1: 04/03/2006

I-129F RFE(s) : 08/10/2006

I-129F RFE Reply(s) : 08/17/2006

Date I-129F NOA2 (Approved) : 08/18/2006

Date Package Received By NVC : 09/05/2006

Date Sent to Embassy: 09/18/2006 assigned number MNL2006743xxx

Date Embassy received 09/26/2006

letter-touched 10/17/2006

information on medical and interview 11/17/2006

Packet with Information 11/29/2006

Medical 1/12/2007

Interview 1/19/2007

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Filed: K-1 Visa Country: Brazil
Timeline
I do not know if this will help anyone. It seems like we were rejected because Jenny did not have a picture of her and her ex-husband who deserted her and her child 5 years ago putting her brothers and then me in the position of supporting her and her child. Everything else was fine. I will fly over there and marry her soon. I will then come back and liquidate assets and emmigrate to the Philippines. I do not know if this is stating that presumptive death even though stated by the embassy is a valid show of singleness or not. I think we will never know the real reason for rejection. Anyway, I do not know if this helps anyone, but might be a reason to try annulment instead of presumptive death. Good luck to all of you and thanks for all the help this forum has been.

Take care,

Kirk and Jenny

Kirk and Jenny,

I am very sorry to hear about the iterview.

And the denial was for lack of a photo? No one has a photo of the 2 of them together? Did you receive a 221-g? Did it state anything that made sense? Sounds like the CO decided that proof of the beneficiary's status of being "free to marry" was not met.

If an annulment is an option, why don't you have her take that route? You believe that you can challenge the decision by the Consulate. Ask them what your options would be. No need to just give up. The fight ain't over yet.

Fernanda's Timeline

K-1

June 2, 2006 - Mailed K1 Petition

Jun 28, 2006 - NOA1

Oct 05, 2006 - NOA2 - APPROVED after 122 days

Dec 05, 2006 - Received Packet 3 from Consulate

Dec 11, 2006 - Medical Examination in Belo Horizonte

Jan 10, 2007 - Returned Packet #3 to Consulate (SEDEX-10)

Mar 13, 2007 - INTERVIEW SUCCESS! We have our K-1 VISA !!

POE & Texas Wedding

Mar 27, 2007 - POE Houston, TX. No questions. Gone in 10 minutes.

Mar 28, 2007 - Marriage License app

April 4, 2007 - Our Wedding Day!

April 12, 2007 - Apply for SS card with married name

April 20, 2007 - Received SS card

AOS

June 4, 2007 - Mailed AOS

June 6, 2007 - USCIS received

June 11, 2007 - NOA1 for I-485

July 18, 2007 - Biometrics completed

July 20, 2007 - Case transferred from MSC to CSC

July 31, 2007 - AOS Approved - 57 days - Without an Interview!

Aug 06, 2007 - Received Green Card in the mail today!

Jan 8, 2009 @ 8:18PM - Our son was born tonight !!

I-751 - Remove Conditions

July 11, 2009 - Certified Mail to VSC I-751 Package

July 14, 2009 - Check cleared bank

July 20, 2009 - NOA1 & 1 yr extension - Receipt date is July 14. Case# assigned

Sept 1, 2009 - Biometrics completed

Nov 25, 2009 - I-751 is approved. No Interview.

Dec 14, 2009 - 10yr Green Card arrived !

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Filed: Country: Philippines
Timeline
I do not know if this will help anyone. It seems like we were rejected because Jenny did not have a picture of her and her ex-husband who deserted her and her child 5 years ago putting her brothers and then me in the position of supporting her and her child. Everything else was fine. I will fly over there and marry her soon. I will then come back and liquidate assets and emmigrate to the Philippines. I do not know if this is stating that presumptive death even though stated by the embassy is a valid show of singleness or not. I think we will never know the real reason for rejection. Anyway, I do not know if this helps anyone, but might be a reason to try annulment instead of presumptive death. Good luck to all of you and thanks for all the help this forum has been.

Take care,

Kirk and Jenny

Kirk, I'm sorry to hear that...man. I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

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Filed: Other Timeline
.... I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven, what is the consulates usual position on this type of scenario?

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Filed: IR-1/CR-1 Visa Country: Turkey
Timeline
I do not know if this will help anyone. It seems like we were rejected because Jenny did not have a picture of her and her ex-husband who deserted her and her child 5 years ago putting her brothers and then me in the position of supporting her and her child. Everything else was fine. I will fly over there and marry her soon. I will then come back and liquidate assets and emmigrate to the Philippines. I do not know if this is stating that presumptive death even though stated by the embassy is a valid show of singleness or not. I think we will never know the real reason for rejection. Anyway, I do not know if this helps anyone, but might be a reason to try annulment instead of presumptive death. Good luck to all of you and thanks for all the help this forum has been.

Take care,

Kirk and Jenny

Amazing the power our government has over our lives. On a technicality, you lose the right to be with the woman you love.

I wish you luck......

Were it me...I'd raise hell to no end. (don't know how much good it'd do). But I'd be at the embassy's door...day in and day out...contacting my congressmen in between. I wouldn't rest until I and my spouse were granted the visa you seemingly deserve.

Good luck.

It's stories like this and others that give me the "willies"......when it comes to our own case which has yet to be adjudicated.

:thumbs: ....to you.

April 16, 2004 Married in Saint Augustine, Florida.

March 7, 2005 Wife left for Istanbul to serve J-1 2 year HRR. Was a very bad day at Black Rock.

May 23, 2006 USCIS receives application for I-130

June 12, 2006 Noa1

Sept 7, 2006 Noa2 I-130 approved

Oct 10 ,2006 Received fee bill from NVC

Nov 13 ,2006 Received Packet 2 DS-230

Jan 4, 2007 Mailed Packet 2 to NVC

Jan 22, 2007 RFE from NVC aaarrrrgggghhh!!!!!!!!

Feb 28, 2007 NVC received "checklist" response and original documents for the RFE

March 13, 2007 Case completed at NVC! Whoooohoooo!! Ankara, here we come!!!!

March 15, 2007 Case fowarded to Ankara Embassy

April 4, 2007 Interview. Wife gets handed the little green paper. Not good. Need to submit a few more things.

April 9, 2007 Items mailed back to Embassy. Crossing fingers, rubbing the "rabbit's foot", etc,..that this may FINALLY be the end.

April 14, 2007 Visa delivered! Wife is finally going to be on her way back home!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

April 20, 2007 Wife enters through JFK. The days of grabbing my dinners at the WalMart deli....are now officially over!!!

Stay tuned to this channel for further updates..........

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Filed: Country: Philippines
Timeline
.... I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven, what is the consulates usual position on this type of scenario?

That's my concern. I have no knowledge of what the CO will do. On the DS-156 we had to fill out for Job (Jinky's boy) - question 37 asks if any of the following relatives live in the U.S. or are a U.S. Citizen. The biological father is a Philippine National living here in the states, but it is unclear what his status is - Jinky believes he is here illegally. She has contact with him and we could get his written consent if needed, but Jinky was satisfied with her sister-in-law's legal advice.

After reading this topic I am once again concerned that this may cause a snag.

Not sure what to do? Jinky could possibly go to a government agency that will verify that she has full legal custody of the child. I believe that should satisfy any issues the CO might have...I hope. :unsure:

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Filed: Country: Philippines
Timeline
I do not know if this will help anyone. It seems like we were rejected because Jenny did not have a picture of her and her ex-husband who deserted her and her child 5 years ago putting her brothers and then me in the position of supporting her and her child. Everything else was fine. I will fly over there and marry her soon. I will then come back and liquidate assets and emmigrate to the Philippines. I do not know if this is stating that presumptive death even though stated by the embassy is a valid show of singleness or not. I think we will never know the real reason for rejection. Anyway, I do not know if this helps anyone, but might be a reason to try annulment instead of presumptive death. Good luck to all of you and thanks for all the help this forum has been.

Take care,

Kirk and Jenny

Amazing the power our government has over our lives. On a technicality, you lose the right to be with the woman you love.

I wish you luck......

Were it me...I'd raise hell to no end. (don't know how much good it'd do). But I'd be at the embassy's door...day in and day out...contacting my congressmen in between. I wouldn't rest until I and my spouse were granted the visa you seemingly deserve.

Good luck.

It's stories like this and others that give me the "willies"......when it comes to our own case which has yet to be adjudicated.

:thumbs: ....to you.

As unfortunate as the situation was, as Kirk realized afterwards, an anullment is what was needed in his fiancee's case. The downside is the anullment process is long and difficult in the Philippines. Simply presuming the husband is deceased would not be sufficient.

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Filed: K-1 Visa Country: Philippines
Timeline
Kirk, I'm sorry to hear that...man. I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven_and_Jinky,

If Jinky has CENOMAR then no need to worry about it. My son is illegitimate too but his bio-father has a signature at the back of my sons BC under ADMITION OF PATERNITY and listed in his BC as FATHER. The consul isn't going to ask any paternal consent. I had a paternal consent with me during the interview, we spent money to get the signature of my sons bio-father but all of it is useless. Just tell Jinky to bring photograph of her and her son when Job was still a baby. I mean like aged 2 months to 3 yrs old. Just a picture of them together. Also ask Jinky if her son was late registered or not coz then if he is late registered the pre-interviewer is going to ask for Baptismal Certificate.

RiggerAF

OUR JOURNEY

K-1/K-2

04-04-2006 - NOA1

09-04-2006 - NOA2

09-16-2006 - NVC received

09-26-2006 - Received in MANILA EMBASSY

01-18-2007 - INTERVIEW - -APPROVED

02-02-2007 Zeraline and Zeahne Arrived in Hawaii

AOS

09-18-2008 - Sent AOS Application

09-25-2008 - NOA Received

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Filed: Other Timeline
.... I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven, what is the consulates usual position on this type of scenario?

That's my concern. I have no knowledge of what the CO will do. On the DS-156 we had to fill out for Job (Jinky's boy) - question 37 asks if any of the following relatives live in the U.S. or are a U.S. Citizen. The biological father is a Philippine National living here in the states, but it is unclear what his status is - Jinky believes he is here illegally. She has contact with him and we could get his written consent if needed, but Jinky was satisfied with her sister-in-law's legal advice.

After reading this topic I am once again concerned that this may cause a snag.

Not sure what to do? Jinky could possibly go to a government agency that will verify that she has full legal custody of the child. I believe that should satisfy any issues the CO might have...I hope. :unsure:

I can't quite fathom that with all the members of this board petitioning for Filipinas this question has not been answered before.

Have you raised this question on the boards, Steven?

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Filed: K-1 Visa Country: Philippines
Timeline
.... I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven, what is the consulates usual position on this type of scenario?

That's my concern. I have no knowledge of what the CO will do. On the DS-156 we had to fill out for Job (Jinky's boy) - question 37 asks if any of the following relatives live in the U.S. or are a U.S. Citizen. The biological father is a Philippine National living here in the states, but it is unclear what his status is - Jinky believes he is here illegally. She has contact with him and we could get his written consent if needed, but Jinky was satisfied with her sister-in-law's legal advice.

After reading this topic I am once again concerned that this may cause a snag.

Not sure what to do? Jinky could possibly go to a government agency that will verify that she has full legal custody of the child. I believe that should satisfy any issues the CO might have...I hope. :unsure:

I can't quite fathom that with all the members of this board petitioning for Filipinas this question has not been answered before.

Have you raised this question on the boards, Steven?

DS 156 question number 37... Simply answer NO. Kids won't be questioned during the interview. According to my experience the pre-interviewer asked me for my son was his birthdate, birth place, if i live with his bio-father, pictures of my son and my fiance. So no worries about it and simply put NO to avoid any complications.you are unsure about his status anyway.

Edited by RiggerAF

OUR JOURNEY

K-1/K-2

04-04-2006 - NOA1

09-04-2006 - NOA2

09-16-2006 - NVC received

09-26-2006 - Received in MANILA EMBASSY

01-18-2007 - INTERVIEW - -APPROVED

02-02-2007 Zeraline and Zeahne Arrived in Hawaii

AOS

09-18-2008 - Sent AOS Application

09-25-2008 - NOA Received

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Filed: Country: Philippines
Timeline
Kirk, I'm sorry to hear that...man. I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven_and_Jinky,

If Jinky has CENOMAR then no need to worry about it. My son is illegitimate too but his bio-father has a signature at the back of my sons BC under ADMITION OF PATERNITY and listed in his BC as FATHER. The consul isn't going to ask any paternal consent. I had a paternal consent with me during the interview, we spent money to get the signature of my sons bio-father but all of it is useless. Just tell Jinky to bring photograph of her and her son when Job was still a baby. I mean like aged 2 months to 3 yrs old. Just a picture of them together. Also ask Jinky if her son was late registered or not coz then if he is late registered the pre-interviewer is going to ask for Baptismal Certificate.

RiggerAF

Thank you! Yep, the biological father is also listed on the back of the BC as well....thank God. I will tell her to bring photos of her and Job when he was small as the registration info. Thanks again...you calmed my nerves a bit! Hope your nerves are calmer from the fire earlier! :star:

.... I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven, what is the consulates usual position on this type of scenario?

That's my concern. I have no knowledge of what the CO will do. On the DS-156 we had to fill out for Job (Jinky's boy) - question 37 asks if any of the following relatives live in the U.S. or are a U.S. Citizen. The biological father is a Philippine National living here in the states, but it is unclear what his status is - Jinky believes he is here illegally. She has contact with him and we could get his written consent if needed, but Jinky was satisfied with her sister-in-law's legal advice.

After reading this topic I am once again concerned that this may cause a snag.

Not sure what to do? Jinky could possibly go to a government agency that will verify that she has full legal custody of the child. I believe that should satisfy any issues the CO might have...I hope. :unsure:

I can't quite fathom that with all the members of this board petitioning for Filipinas this question has not been answered before.

Have you raised this question on the boards, Steven?

Yes, but the only response I got at the time was from someone who hadn't been through the interview and I didn't think the info was reliable.

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Filed: Country: Philippines
Timeline
.... I hope we don't run into any snags with Jinky's 5 year old son. She was never married and has the CENOMAR document, but I am concerned they may ask for the biological father's written consent for his son to leave the country because his name is listed on the child's Birth Certificate.

Jinky has a sister-in-law who is a top law student - she told us we have nothing to worry about because the biological father has no legal custody of the child.

Steven, what is the consulates usual position on this type of scenario?

That's my concern. I have no knowledge of what the CO will do. On the DS-156 we had to fill out for Job (Jinky's boy) - question 37 asks if any of the following relatives live in the U.S. or are a U.S. Citizen. The biological father is a Philippine National living here in the states, but it is unclear what his status is - Jinky believes he is here illegally. She has contact with him and we could get his written consent if needed, but Jinky was satisfied with her sister-in-law's legal advice.

After reading this topic I am once again concerned that this may cause a snag.

Not sure what to do? Jinky could possibly go to a government agency that will verify that she has full legal custody of the child. I believe that should satisfy any issues the CO might have...I hope. :unsure:

I can't quite fathom that with all the members of this board petitioning for Filipinas this question has not been answered before.

Have you raised this question on the boards, Steven?

DS 156 question number 37... Simply answer NO. Kids won't be questioned during the interview. According to my experience the pre-interviewer asked me for my son was his birthdate, birth place, if i live with his bio-father, pictures of my son and my fiance. So no worries about it and simply put NO to avoid any complications.you are unsure about his status anyway.

If she answers NO, that would not be truthful because his biological father lives here in the states. I'd be scared of that causing a denial should they find out that in fact he does live here. What do you think they will require if the biological father is here in the states?

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im so sorry to hear what happened...

am i understanding it right that you state that since the father is missing for 5 yrs then u state the reason that he might be dead or "presumptive death"???

correct me if im wrong (i might be wrong) but i think in phil., one could only assume someone is dead if the person has been missing for 7 years or after 7 yrs of not showing up/missing in the family, then you can file for abandonment/annulment??? thats what ive always heard... its better to seek legal advice in phil on whats the next step...

truly hope everything will work out in the end...

Citizenship N-400

4/15/2010- sent my N-400 via fedex overnight

4/16/2010- signed and delivered

4/29/2010- check cleared

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Filed: K-1 Visa Country: Philippines
Timeline
If she answers NO, that would not be truthful because his biological father lives here in the states. I'd be scared of that causing a denial should they find out that in fact he does live here. What do you think they will require if the biological father is here in the states?

Wow yeah that'S truly hard. I honestly can't answer this question I am sorry. Does jinky still have contact with Job's bio father? Coz if they don't communicate at all she have reason to answer NO. but if she really knows her sons bio-father address and status then it's better to answer honestly.

OUR JOURNEY

K-1/K-2

04-04-2006 - NOA1

09-04-2006 - NOA2

09-16-2006 - NVC received

09-26-2006 - Received in MANILA EMBASSY

01-18-2007 - INTERVIEW - -APPROVED

02-02-2007 Zeraline and Zeahne Arrived in Hawaii

AOS

09-18-2008 - Sent AOS Application

09-25-2008 - NOA Received

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Steve, if Jinky has contact with the father, what would it hurt to get his notarized consent to bring her son with her to the states? At least she would have the affidavit on her if asked.

I think the CO will ask about the father more if she says yes in question 37. If she says yes, she might want to be able to answer questions lke his citizenship status, marriage status...etc. Saying no and claiming not to know where the father is might be a lie but it might also garner less questions. This is a sticky one but if Jinkys CEMONAR says she is single and she checks no, maybe they will not ask her like they did not ask RiggerAF. JMHO, Ken

DS 156 question number 37... Simply answer NO. Kids won't be questioned during the interview. According to my experience the pre-interviewer asked me for my son was his birthdate, birth place, if i live with his bio-father, pictures of my son and my fiance. So no worries about it and simply put NO to avoid any complications.you are unsure about his status anyway.

If she answers NO, that would not be truthful because his biological father lives here in the states. I'd be scared of that causing a denial should they find out that in fact he does live here. What do you think they will require if the biological father is here in the states?

"Better to be hated for who you are than to be loved for who you are not!"

Timeline:

22 Jul 06 - Received NOA-1

18 Sep 06 - Received NOA2 in mail

11 Oct 06 - Case MNL783xxx received by Manila Embassy... guess NVC lied

26 Dec 06 - Received Packet 4

18-19 Jan 07 - Medical complete early, scheduled 8 Feb

19 Jan - CFO completed after SLE shots... have to go back for the stamp after visa approval

15 Feb 07 - Interview Approved

24 Feb 07 - Arrive at Honolulu POE

2 Apr 07 - Married, civil ceremony, mailed AOS

17 Apr 07 - Checks cashed for AOS & AP

22 Apr 07 - Filed Expedite for AP

8 May 07 - Biometrics Appt

8 May 07 - Filed complaint with local USCIS for no action on Expedite request

9 May 07 - AP Expedite approved via email

14 May 07 - received AP I-512L documents in the mail

25 Jun 07 - AOS Interview scheduled but cancelled due to deployment and family emergency

29 Nov 07 - Visited local USCIS to reschedule AOS interview

15 Jan 08 - Local USCIS finally forwards reschedule request after formal complaint

8 Feb 08 - Received new Interview date

28 Mar 08 - AOS Interview ..investigation reopened due to incorrect birthdate that was identified 05/07

16 Apr 08 - CRIS Notice of GC approval and welcome notice via email

25 Apr 08 - GC received finally!

15 Jan 10 - Mailed Lifting of Conditions Package

19 Jan 10 - Package received at VT USCIS

22 Jan 10 - Checked cashed by USCIS

26 Jan 10 - Received NOA dated 20 Jan 10

29 Jan 10 - Received NOA for Biometrics

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