Next step after blank 221g

[Isoversa 8]

Hello guys! I have been reading here on this site for some time, but I would like to see if there are any others who are/were in the same same situation as mine. I am hoping if anyone is familiar with my situation who can shed some light. So I am a Filipina, formerly married, currently being petitioned for a K1 visa. After a few years in the US, my Filipino husband found someone else and got married for some years but eventually got divorced due to differences. He naturalized years after the divorce. Now it gets complicated since my ex-husband is also my current fiance, that is, he and I are getting back together and we have biological children that are in the US. We have submitted valid divorce decrees both for our divorce and his divorce with his 2nd wife.
 

So the interview, 4 months back, went alright. Only a few questions were asked, but I was surprised that the consular officer asked for "Recognition of foreign divorce" in the form of a 221g document, as what I have read before mentions that my divorce does not need to be recognized in the Philippine courts as we would not be marrying here again. So with the help of an immigration attorney, we were somehow able to address this, and after a week or so, they issued me another 221g, this time without the need for additional documentation, but only mentions that my case is currently in AP. It has been around 4 months since my interview. I know it can take months or even years for AP to be completed, but I would like to know if anyone has been in the same situation. I know AP tends to be a little faster in the Manila embassy but some of the things I'm thinking that are delaying it would be the remarriage. Do I need to be doing anything else now, since the 221g is blank, other than watchful waiting? Thank you in advance for your replies!

[Isoversa 8]

Can a moderator delete this post, I posted it instead on the K1 subforum. Thank you

[Hank_ 9,174]

4 hours ago, Isoversa said:

Hello guys! I have been reading here on this site for some time, but I would like to see if there are any others who are/were in the same same situation as mine. I am hoping if anyone is familiar with my situation who can shed some light. So I am a Filipina, formerly married, currently being petitioned for a K1 visa. After a few years in the US, my Filipino husband found someone else and got married for some years but eventually got divorced due to differences. He naturalized years after the divorce. Now it gets complicated since my ex-husband is also my current fiance, that is, he and I are getting back together and we have biological children that are in the US. We have submitted valid divorce decrees both for our divorce and his divorce with his 2nd wife.
 

So the interview, 4 months back, went alright. Only a few questions were asked, but I was surprised that the consular officer asked for "Recognition of foreign divorce" in the form of a 221g document, as what I have read before mentions that my divorce does not need to be recognized in the Philippine courts as we would not be marrying here again. So with the help of an immigration attorney, we were somehow able to address this, and after a week or so, they issued me another 221g, this time without the need for additional documentation, but only mentions that my case is currently in AP. It has been around 4 months since my interview. I know it can take months or even years for AP to be completed, but I would like to know if anyone has been in the same situation. I know AP tends to be a little faster in the Manila embassy but some of the things I'm thinking that are delaying it would be the remarriage. Do I need to be doing anything else now, since the 221g is blank, other than watchful waiting? Thank you in advance for your replies!

Did you post this earlier also?  Otherwise you are the 2nd person that I know of where a CO has issued a 221g for "Recognition of foreign divorce" .. which like you stated .. Is not required if not marrying in the Philippines.

 

Do keep us posted on your AP status .. 

 

I think the CO that issued the 221g "recognition of foreign divorce" is new or an idiot .. maybe both.  And might of gotten their nose bent out of shape by the immigration attorney "educating him/her" ... thus the long AP.

 

Not sure what you can do except to keep in contact with the embassy ..

Edited August 21, 2019 by Hank_

[Isoversa 8]

20 hours ago, Hank_ said:

Did you post this earlier also?  Otherwise you are the 2nd person that I know of where a CO has issued a 221g for "Recognition of foreign divorce" .. which like you stated .. Is not required if not marrying in the Philippines.

 

Do keep us posted on your AP status .. 

 

I think the CO that issued the 221g "recognition of foreign divorce" is new or an idiot .. maybe both.  And might of gotten their nose bent out of shape by the immigration attorney "educating him/her" ... thus the long AP.

 

Not sure what you can do except to keep in contact with the embassy ..

Other than posting it in the K1 subforum yesterday, I have not posted my case prior, so I guess there's at least one other person who got the same "issue".

Yes, I'll keep you posted on my status. It's currently going 2 months without any update on the "case last updated". It used to be updated for 1 - 2 weeks at a time around 4 months ago. I send an email to the embassy at least once a month but I always get the canned text reply. I do hope it might get resolved soon.

By the way do you have any idea what happens with the K1 if let's say one of my children petition me via a family-based petition while my case is still in AP?
 

[Hank_ 9,174]

If that were to happen and your K-1 was still active and you wanted to switch, write them a letter stating to cancel your K-1, then pursue the family visa.

 

 

[Isoversa 8]

21 hours ago, Hank_ said:

If that were to happen and your K-1 was still active and you wanted to switch, write them a letter stating to cancel your K-1, then pursue the family visa.

 

 

Thank you for the advice. I'm thinking of going that route in case the K1 is not approved, as the CR1 is not an option in our case.

[Isoversa 8]

Just an update for my case, after several follow-ups with the embassy, I got an email today asking me to send in my passport. It didn't mention of any approval yet or that AP is finally done, but I'm inclined to think this might lead to the issuance of the awaited visa. I mean, hopefully. 

 

Now my problem is, since it took a long time in AP, I'm down to like, ~10 days before the expiry of my medical exam results. Assuming they will issue me a visa soon, I may or may not make it in time in 10 days, if we take into account how long it takes from receiving my passport, to me receiving it back. I believe the embassy is aware of my medical results expiring soon, but should I give them a heads up on this? Or should I just expect to get a new 221g for a new medical exam? 

[payxibka 10,045]

4 minutes ago, Isoversa said:

Just an update for my case, after several follow-ups with the embassy, I got an email today asking me to send in my passport. It didn't mention of any approval yet or that AP is finally done, but I'm inclined to think this might lead to the issuance of the awaited visa. I mean, hopefully. 

 

Now my problem is, since it took a long time in AP, I'm down to like, ~10 days before the expiry of my medical exam results. Assuming they will issue me a visa soon, I may or may not make it in time in 10 days, if we take into account how long it takes from receiving my passport, to me receiving it back. I believe the embassy is aware of my medical results expiring soon, but should I give them a heads up on this? Or should I just expect to get a new 221g for a new medical exam? 

Plan on a new medical.  I would advise them of this 

[Hank_ 9,174]

3 hours ago, Isoversa said:

Just an update for my case, after several follow-ups with the embassy, I got an email today asking me to send in my passport. It didn't mention of any approval yet or that AP is finally done, but I'm inclined to think this might lead to the issuance of the awaited visa. I mean, hopefully. 

 

Now my problem is, since it took a long time in AP, I'm down to like, ~10 days before the expiry of my medical exam results. Assuming they will issue me a visa soon, I may or may not make it in time in 10 days, if we take into account how long it takes from receiving my passport, to me receiving it back. I believe the embassy is aware of my medical results expiring soon, but should I give them a heads up on this? Or should I just expect to get a new 221g for a new medical exam? 

 

Being there is a short time frame left for the medical, thus visa validity, expect the embassy to be contacting you to find out if you can travel and clear POE quickly.  Otherwise expect to complete a new medical

 

Do you have CFO completed?

Edited September 26, 2019 by Hank_

[DAWme 5]

3 hours ago, Hank_ said:

Do you have CFO completed?

Hi Hank, can we complete a CFO while waiting on administrative processing to complete? 

[payxibka 10,045]

12 minutes ago, DAWme said:

Hi Hank, can we complete a CFO while waiting on administrative processing to complete? 

Can be completed at anytime 

[DAWme 5]

On 8/21/2019 at 9:05 PM, Isoversa said:

they issued me another 221g, this time without the need for additional documentation, but only mentions that my case is currently in AP. 

 

On 8/21/2019 at 9:05 PM, Isoversa said:

 221g is blank,

 

IS THIS WHAT YOU MEAN WHEN YOU SAY BLANK 221G? I GOT JUST THIS MARKED AND NOTHING ELSE DOWN BELOW.

[Isoversa 8]

7 hours ago, payxibka said:

Plan on a new medical.  I would advise them of this 

Alright, I have sent an email informing them of the situation just now.

 

 

4 hours ago, Hank_ said:

 

Being there is a short time frame left for the medical, thus visa validity, expect the embassy to be contacting you to find out if you can travel and clear POE quickly.  Otherwise expect to complete a new medical

 

Do you have CFO completed?

Fortunately, I was able to have my CFO scheduled next week. I will just come back for the sticker when I get back my passport with visa. I hope they do contact me though although most likely I'll opt for a new medical since 10 days might be too short to get everything done.

10 minutes ago, DAWme said:

 

 

IS THIS WHAT YOU MEAN WHEN YOU SAY BLANK 221G? I GOT JUST THIS MARKED AND NOTHING ELSE DOWN BELOW.

Yes. I meant a 221g with no other checkmarks or request for any other document.

[DAWme 5]

1 hour ago, payxibka said:

Can be completed at anytime 

Even without my passport? My passport is with USEM.

[payxibka 10,045]

1 minute ago, DAWme said:

Even without my passport? My passport is with USEM.

That's what at anytime means.  Passport not required to attend seminar.   Once you receive your passport,  then you can go back to CFO or even get it at NAIA for the sticker