Is Manila accepting expedites for K1?

[DanielMarianne 49]

Hello,

 

I am currently after NOA2 (since May 2020) and waiting for NVC to send my application to the US Embassy in Manila. Perhaps my emails weren’t good enough, but I have tried expediting to the Manila embassy a few times already due to Financial Hardship and because I was having a surgery and all times they denied me. This is what the NVC emails usually say:

 

 

"Dear Sir/Madam:

 

Thank you for your patience. We sent your request to the U.S. Embassy or Consulate in PHILIPPINES. However, they cannot expedite this case. To be fair to all applicants, the Department of State schedules immigrant visa interviews in the order that the cases complete processing at the NVC.

 

You will be notified once this case is transferred to the U.S Embassy/ Consulate.

 

Please note only the U.S Embassy or Consulate has the ability to approve or deny expedite requests.

 

To learn more about NVC processing, please visit: http://nvc.state.gov/ for English or http://nvc.state.gov/espanol for Spanish"

 

 

Does anyone have any suggestion on how to get past this wall?

 

 

Edited February 16, 2021 by DanielMarianne

[Crazy Cat 41,888]

Have you sent any of those requests to the consulate directly?  They are getting many, many requests for expedites.  

Edited February 16, 2021 by Lucky Cat

[DanielMarianne 49]

I have, and they say this:

 

Quote

Dear Applicant,

Thank you for writing to the US Visa Service Desk.

We understand that you would like to inquire regarding your immigrant visa application.

In regards to your concern, please contact the National Visa Center (NVC) for more information. You may reach them at 603 334-0700. Case inquiries can also be made by email at NVCInquiry@state.gov.

The NVC's mailing address is 31 Rochester Avenue, Suite200, Portsmouth, New Hampshire 03801-2909.

Yours Sincerely, 
U.S. Visa Service Desk

 

[Adventine 3,196]

Sorry that you're going through a tough time.

 

Have you considered contacting both the Consulate and NVC in the same message, diplomatically pointing out that they are referring you to the other?

 

Also be careful using financial hardship as a reason to expedite, as it could potentially backfire down the line, when the petitioner has to provide proof of financial ability to support the intending immigrant. It may be a better idea to emphasize the medical issues.

 

[DanielMarianne 49]

I took the Financial Hardship reason into consideration for sure, but heard that people had success with, and thought I’d try it out. However, the most recent response for the medical issue (surgery) was shut down with that response I posted, and I won’t really be able to use it again because the surgery is complete now.

 

Perhaps adding them both to the email chain may work, but because of their delays, I’m not feeling confident in that approach. I also submitted a congressional inquiry with one of my state senators (for the surgery reason) and that was shut down. See attached.

 

 

 

 

Edited February 17, 2021 by DanielMarianne

[Adventine 3,196]

That's tough. I can only advise to keep following up with whoever you can.

 

The only successful K1 expedites I've seen at USEM are those for active duty military and parents of US citizen children. 

 

If still no success, then consider meeting up in a third country or waiting for the pandemic to subside.

 

There is also the possibility of a lawsuit, but I consider that only as a last ditch option. If finances are tight, a lawsuit is probably not the best route.

 

 

[DanielMarianne 49]

Yeah I spoke to an attorney who does writ of mandamus lawsuits, but he charges about $4500, and there are no guarantees/timeline estimations. I’m hoping that the new administration would start to do address this, but that doesn’t seem to be the case. I’m pretty disappointed with this whole process to be honest.

[Adventine 3,196]

I am also hopeful that the new administration will address the immigration backlogs, but I also accept that the priority needs to be the domestic situation in the US (the economy and the domestic health crisis). I am banking on things getting better as more people are vaccinated. Remember that the US embassy in Manila likely needed to evacuate a lot of their staff from the PH, and the staff may not have been able to return. This may change if they are vaccinated and if the PH travel restictions ease up. 

[DanielMarianne 49]

They should either do away with K1 interviews during this time, or allow online video visits to those who are able. This is just government incompetence IMO. The most egregious part about it is that you still see B and J visas being processed over reuniting couples.

[Adventine 3,196]

The B visa issuances were likely those that didn't need interviews, as they were only renewals. Can't speak for the J visas.

 

I do agree that there should be a way to do online K visa interviews. 

[SalishSea 17,836]

On 2/16/2021 at 4:50 PM, DanielMarianne said:

I took the Financial Hardship reason into consideration for sure, but heard that people had success with, and thought I’d try it out. However, the most recent response for the medical issue (surgery) was shut down with that response I posted, and I won’t really be able to use it again because the surgery is complete now.

 

Perhaps adding them both to the email chain may work, but because of their delays, I’m not feeling confident in that approach. I also submitted a congressional inquiry with one of my state senators (for the surgery reason) and that was shut down. See attached.

 

 

 

 

Sounds like you're just grasping for a reason to expedite.  I agree with the others, that the financial hardship one is precarious for K-1, given that EADs are taking upwards of 9 months to get.

[DanielMarianne 49]

19 hours ago, Jorgedig said:

Sounds like you're just grasping for a reason to expedite.  I agree with the others, that the financial hardship one is precarious for K-1, given that EADs are taking upwards of 9 months to get.

They are both legitimate issues to expedite. I was just trying to ask to see if others had any luck or not.

[SalishSea 17,836]

4 minutes ago, DanielMarianne said:

They are both legitimate issues to expedite. I was just trying to ask to see if others had any luck or not.

Just keep in mind that then you have to reconcile 'financial hardship' with bringing someone over who will not be able to work/contribute to the household income for 8-9 months.  Slippery slope trying to do it that way.

[DanielMarianne 49]

4 hours ago, Jorgedig said:

Just keep in mind that then you have to reconcile 'financial hardship' with bringing someone over who will not be able to work/contribute to the household income for 8-9 months.  Slippery slope trying to do it that way.

What if I say that although the financial hardship does not make me fall under the threshold for supporting my fiancé, but I have had to send money over to help her, which takes away movie for our wedding expenses, as she is currently unemployed and Philippines is in strict lockdown.

Edited February 19, 2021 by DanielMarianne

[Adventine 3,196]

14 minutes ago, DanielMarianne said:

What if I say that although the financial hardship does not make me fall under the threshold for supporting my fiancé, but I have had to send money over to help her, which takes away movie for our wedding expenses, as she is currently unemployed and Philippines is in strict lockdown.

 

You may have luck framing the argument as the financial difficulty of supporting two households simultaneously. 

 

However, you are making the appeal to the US government, which is (ostensibly) mandated to serve the interests of US citizens. The focus needs to be on the financial hardship experienced by you, the US citizen, and not the hardship experienced by the foreign beneficiary. 

 

Again, there's no guarantee of this being successful. It's not a pleasant thing to hear, but it is the reality.