Decided not to do lawsuit against Manila embassy

[Joe98 31]

For now, and probably won’t, I decided not to attempt to file a lawsuit against the Manila embassy in the Philippines because I don’t think it will work. There are 2 other lawsuits from different law firms that are attempting to do this and from what I have seen on YouTube, this will end up being a waste of time and money. This is for the k1 visa process situation that myself and thousands of others are dealing with. I realize I could be wrong about the pending lawsuits but I honestly don’t think the judge will be able to do anything. My understanding is the Manila embassy is doing very few k1 visas right now and those are the ones that were held up for administrative reasons or something to that effect. I really don’t know what to do or what will happen but I’m hoping for myself and thousands of others that something soon will happen and get things going. 

[PWB 213]

Hang in there Joe and save your money.  If you can catch the Embassy/Consulate in a major processing mistake then you may have a little leverage but short of that they could care less about a lawsuit.  It has been our experience that getting out of Manila has only been followed by more frustration with the system.

[Mariner 4]

Joe,

Happened across your post this morning.  My scenario and perspective may be of interest to you. 

 

I am 58.  US Citizen.  Retired US Navy.  Business Owner.  Previously lived and worked in the Philippines.

My Philippine Fiancee is 37.  Widowed.  No Kids.

 

Our case was sent to the US Embassy in Manila in November of 2019.  She should have been here that Christmas.  Manila finally approved us for an interview on March 1, 2020.  While our case status is "READY", they will not allow us to actually schedule the interview.  No movement for 18+ months and no end in sight.

 

I finally decided to retain Josh Goldstein and filed a lawsuit as an Independent - Not as part of a Class Action.  

 

My thoughts and justification for filing:

1. The whole US Immigration system is overwhelmed.  Manila is understaffed and the visa backlog continues to grow.  As people complain and file lawsuits, pressure to disposition cases mounts.  How will they address this issue?
   • Increase processing capacity by hiring and training staff, which will take months.
   • Relax requirements to allow faster disposition of cases.
   • Tighten requirements to quickly reduce backlog with denials or delays.   
   • Re-prioritize cases to minimize exposure to courts and publicity.
   • All of The Above?
2. WHAT IF? Anything could cause a delay or denial and set us back months or even years.  What recourse would I have if they decided to begin processing lawsuit related visas before mine?
3. Relationship Validation:  For reasons beyond our control, we have been physically separated more than 2.5 years.  IF they change a policy or requirement, will a 24/7 Skype connection and providing 100% of her income/support really matter?  We will have no choice but to accept their decision or delay without recourse.
4. I personally believe that filing the lawsuit demonstrates serious commitment to the relationship and makes further delay or denial difficult to justify.

Josh Goldstein filed our case in a California Federal Court during the first week of JUNE 2021. 

 

Last week, a judge reviewed the suit and ordered that all defendants (State Department, Homeland Security, FBI and the US Embassy in Manila) provide a reason for the delay and a proposed remedy by 15 August 2021. 

 

Optimistically I hope that Manila will quickly schedule an interview and issue the visa to negate the lawsuit and public explanation of how they selectively delayed processing our K-1 Visa for 18 months.  Pessimistically, I think... And then... I think some more...

 

On a personal level, I feel and sleep better since filing the lawsuit.  We both KNOW that I have pursued every reasonable option to bring us together sooner.  It's a horrible situation that has tested us. 

 

[Mariner 4]

34 minutes ago, PWB said:

Hang in there Joe and save your money.  If you can catch the Embassy/Consulate in a major processing mistake then you may have a little leverage but short of that they could care less about a lawsuit.  It has been our experience that getting out of Manila has only been followed by more frustration with the system.

While we spent the money and filed the lawsuit, I fear you may be right.  IF we can get her out of Manila, I would like to think that life will be better and dealing with the follow on frustration easier if together.  We have been screen sharing Skype to watch movies for over two years and gotta tell you, it's frustrating...  Running out of things to watch here.

Edited June 27, 2021 by Mariner
grammer correction

[SalishSea 17,837]

Unfortunately, no lawsuit can impact lockdowns/policies within the Philippines that happen to affect the US embassy there.  While we like to think the US in charge of the world, we are not actually.

[Mariner 4]

1 hour ago, Jorgedig said:

Unfortunately, no lawsuit can impact lockdowns/policies within the Philippines that happen to affect the US embassy there.  While we like to think the US in charge of the world, we are not actually.

Having lived in the Philippines for three years, I am well aware that the US is not in charge of the world.  We can't even control our own southern border.  Travel within the Philippines has been limited and delays are understandable.  However, my fiancee has been able to renew her Philippine passport and driver's license while getting all of her expired clearance documents reissued within the last three months.  Despite lock down policies within the Philippines, the US Embassy has been processing student and other types of visas at limited capacity.  Based on issuance ratios, K-1's are on the back burner.  Prioritization, Processing Capacity and Entry requirements are US State Department and Embassy issues and have nothing to do with the Philippine Government.  IF she were issued a visa tomorrow, a negative Covid test and plane ticket gets her here. 

 

Something has recently changed.  Late last week, the US Embassy in Manila posted an updated Visa Schedule.  K-1 Visas will now be processed with Tier 2 Priority.  In theory, that's good news. 

 

[SalishSea 17,837]

1 hour ago, Mariner said:

Having lived in the Philippines for three years, I am well aware that the US is not in charge of the world.  We can't even control our own southern border.  Travel within the Philippines has been limited and delays are understandable.  However, my fiancee has been able to renew her Philippine passport and driver's license while getting all of her expired clearance documents reissued within the last three months.  Despite lock down policies within the Philippines, the US Embassy has been processing student and other types of visas at limited capacity.  Based on issuance ratios, K-1's are on the back burner.  Prioritization, Processing Capacity and Entry requirements are US State Department and Embassy issues and have nothing to do with the Philippine Government.  IF she were issued a visa tomorrow, a negative Covid test and plane ticket gets her here. 

 

Something has recently changed.  Late last week, the US Embassy in Manila posted an updated Visa Schedule.  K-1 Visas will now be processed with Tier 2 Priority.  In theory, that's good news. 

 

So you think its completely unrelated to local COVID data?  Because in countries where COVID being well managed, like NZ, there has never been a break in visa interviews.

[PWB 213]

18 hours ago, Mariner said:

While we spent the money and filed the lawsuit, I fear you may be right.  IF we can get her out of Manila, I would like to think that life will be better and dealing with the follow on frustration easier if together.  We have been screen sharing Skype to watch movies for over two years and gotta tell you, it's frustrating...  Running out of things to watch here.

No doubt it is better having her here with me and fighting this Governmental plague together.  So far it has taken over five months for an ID Card, SS# was issued but wrong name,  HLS did not update her entry information, on and on with this mess.