Direct Consular Processing i-130

[TYPHOONBOB 4]

Our timeline has not been updated since the whole mess had me so disgruntled, it will get updated soon.  

 

In May 2021  we had discussed filing, we'd married in March of 2017 here in the Philippines, I have never gone back to the states, I have always lived with my wife and our son born in June 2018 and crba with passport the same year... Anyway filed, approved no issues, all was good, had some issues with NVC proving domicile intent, overcame that, expedited embassy interview July 2023, during interview all went well until the consular asked for a better copy of the divorce decree because the original was the entire divorce doc including stamp but they wanted decree.  Well well well, the decree was dated 2 weeks AFTER we'd wed 8 years ago, the attorney I had at the time gave me the all clear to marry and to enjoy my new life... blah blah well he failed to tell me the judge signed it but it had not been entered into the books until weeks later creating an overlap of just 10 days.  OBVIOUSLY it was painfully clear there was an overlap, consular even called me, said Mr Lurer don't worry, we understand, this happens more than you know BUT the important part is you did nothing wrong and we can clearly see by your communication with the attorney it was a mistake.  (I did bifurcated)... so it separated marriage and finances...Anyway, consular said they would package it up and see if USCIS wants to amend but even if you have to start over, it is fine and won't be an issue.  Sooooo we amdended, USCIS in their infinite wisdom decided we had to prove bonafides... I say infinite wisdom because in their NOIR they indicated "we know how difficult it can be when one party is in the Philippines and the other is in the US" ... WHICH was completely wrong, our expedite was on grounds for us to travel together and that I am in need of medical that is not available in the philippines and my wife has a tumor and our son has bad bad bad bad ADHD, and they still insisted I am in the US even with proof we own a house that is upper end modern, plus here in the Philippines in both names, cars in both names, on and on and on bank, child together etc etc... So we sent it all via mail because they wanted it mailed so we gathered all proof and they said nope, denied.  Lawyers say it is almost impossible to overcome this and start over... so here we are.  Almost a year wasted.. 

 

We were officially revoked months ago, I said heck we will just stay here and kiddo will start school and we will just deal with life one day at a time, we had everything packed, dog export papers done, car sold, house almost sold, etc.. and so we just folded in and focused on our family.  Now school started, the kid is so ADHD the school booted him out, private won't take him and we have no options, the public school where he barely speaks tagalog is the only option... and a bad one at that.  The embassy had told me if it is so bad, get on a plane and take your son back to the US and leave your wife!!  So, illegals can not be separated but it is cool with you to separate families??? I digress, anyway I have 4 separate doc letters stating it is not good to separate us, I have letters about me, letters about wife all in need of treatment not available or too expensive here.  In the US I have a job, a good job paying quadruple what I would here, I do it here but it is online so I have to share my commissions rather than keeping it all.  

 

Anyway, any advice? We need to act fast, the kid is age 6 and really not being taught well, we are home schooling but I am limited working and dealing with my own mental issues with our situation... My wife literally looks 8 months pregnant, she is not, she just has this myoma that is big and painful... I am constantly sick here, I need so much medical catching up needed.  

[Dashinka 24,480]

You can try DCF if you have something (a letter, etc.) showing the need to repatriate, or possibly due to your medical condition.  Since you no longer have an active I130 I would think DCF is an option.

 

Here is a thread with some details as to how to get started.

 

Good Luck!

 

 

[TYPHOONBOB 4]

Thank you, and definitely yes multiple doctor letters, in fact they expedited at embassy level last year and conditions if anything have worsened.  Thanks!

 

Anyone know how long it takes? An attorney who brought up the idea had said 3 months total! But he wanted $2500 bucks plus fees... I think I can handle it on my own, just like we did so far.

[Boiler 45,445]

Have you Married?

[Dashinka 24,480]

1 hour ago, TYPHOONBOB said:

Thank you, and definitely yes multiple doctor letters, in fact they expedited at embassy level last year and conditions if anything have worsened.  Thanks!

 

Anyone know how long it takes? An attorney who brought up the idea had said 3 months total! But he wanted $2500 bucks plus fees... I think I can handle it on my own, just like we did so far.

Three months is about average for a DCF, and no a pan attorney cannot make it faster.

[Cathi 5,746]

20 hours ago, TYPHOONBOB said:

  So, illegals can not be separated but it is cool with you to separate families???

I'm pretty sure no one wants to separate you, they're merely suggesting it as an option.

And honestly, if my child had such severe ADHD, I'd make the move for him. It's only temporary and in the best interest of the child.

I will add, my 26 year old son is autistic, I do know what it's like to have a child with learning challenges, I've been living it for a long time. You can bet that I would have temporarily separated from my spouse if it meant he would get the help and education he desperately needed. In fact, before my now husband and I married, I told him I would never consider moving to his home country based on the fact that my son is autistic (he also has a central auditory processing disorder) because they don't have special needs programs in the school system there.

[TYPHOONBOB 4]

14 hours ago, Dashinka said:

Three months is about average for a DCF, and no a pan attorney cannot make it faster.

Luckily I was educated already on processes from here ... so forms are relatively straight forward.  The idea came from an attorney and me being so negative at the time thought it was bs, I believed with USCIS field offices abroad leaving so too went direct processing, boy was I wrong.  I've wasted months debating on filing again... 

 

Our case is precisely what I've been asking for at the embassy when the 221g was given... We asked for a face to face separated interview, and allow us to prove it.  It's really sad someone has lived in the same house, same bed for 8 years plus and have a child together that went through the crba process ... we even had renewed his passport as a minor child which requires both parents present which we even included in the reply, it was literally 20 feet away from the consular who does immigration and for what it was worth we all 3 attended her interview, my son and I waited in the chairs adjacent her interview.  Point being the entire revole was they believed I lived in the US and she overseas. It's incredibly frustrating...

[TYPHOONBOB 4]

They did want to separate us, with not one but 3 doctor letters and Psychiatrist and Psychologist and MD all said do not separate the family, the child went ballistic when we tested him by my wife going out to the store alone, he screams where is mommy I want mommy .. and then begins to spin and cry and yell.  We try to deescalate and the situation and doctors all said stop it, he is so co dependent on you both, he will eventually grow out of it.  Part of our school troubles is this codependency and he acts out.  

 

 

[Family 3,988]

16 hours ago, Boiler said:

Have you Married?

Excellent question…has OP remarried? First marriage is void since divorce was not final, did I miss respons…

[TYPHOONBOB 4]

When it was discovered there was an overlap, we immediately remarried with the state of Utah and sent it to manila who then said no that you have a valid marriage in the eyes of immigration ot needs to be amended or revoked so you can start over if they don't amend, don't worry you are not in trouble.

 

We got 221g and immediately set it straight sitting both together in our kitchen same location.  We have not been apart since 2017, own joint everything and banks and l credit cards etc... wife even has a 750 fico score and has ssn ... and our proof of cohabitation is substantial, far beyond average.  I also have statements from those that know us, politicians to police to doctors to family all wrote letters.

 

Yes great question thanks for asking!

 

By the way the "visa guy" here i know told me that they don't do direct consular processing in the embassies anymore since Trump and I said no,  it'd not done via uscis field offices it is done skipping uscis and direct with dept of state as they do with tourist and others that are direct file at the embassy.

[Boiler 45,445]

You have not filed a I 130 since you married?

[Family 3,988]

3 hours ago, TYPHOONBOB said:

By the way the "visa guy" here i know told me that they don't do direct consular processing in the embassies anymore since Trump and I said no,  it'd not done via uscis field offices it is done skipping uscis and direct with dept of state as they do with tourist and others that are direct file at the embassy

Manila apparently tells everyone DCF “ not available “ at first try. Others have reported you must insist to speak with an American staffer , email ( address in link ) and be persistent.

 

 

[TYPHOONBOB 4]

On 9/5/2024 at 11:59 AM, Family said:

Excellent question…has OP remarried? First marriage is void since divorce was not final, did I miss respons…

 

On 9/5/2024 at 3:00 PM, Boiler said:

You have not filed a I 130 since you married?

No, we just finally saw that the old I 130 was revoked.  Embassy said they kept our docs still for administrative purposes because they advised if we could not amend then another petition would be smooth now that we have no fault on the old, it was not fraud and therefore the consular told me verbally to refile with expedite (although she could not give legal advice).  

 

The things that have changed since the 221g, we closed on our house and lot on the Philippines that was just a contract to build, we also have a mortgage together, in addition to the joint everything we have had since 2017, our son together is a dual US citizen born abroad with passport.  We'd submitted bank, credit, loans, cars, insurances, leases over the years, yet the USCIS on review still revoked because the approval was based on an error oversight that they including us didn't notice.  The prior 2 week overlap was direct my attorneys fault, he told me it was done and enjoy my new life, knew we were marrying and was mistaken because it had not been entered in the books for another 2 weeks ... I never gave any thought to dates because it was bifurcated and my divorce was done from thousands of miles away... Anyway it is what it is.

 

 

[Boiler 45,445]

Not sure how to say this without being rude and I do not mean to be ride but you need to focus on the actual issues, 90% of what you have posted is essentially filler.

 

To do anything you need to marry, I have seen similar cases where a marriage has been premature and there has been no issue with fraud.

 

I would marry and see if the Consulate will allow you to file direct as that is much quicker, if not file with the lockbox and seek an expedited, much longer.

[TYPHOONBOB 4]

53 minutes ago, Boiler said:

Not sure how to say this without being rude and I do not mean to be ride but you need to focus on the actual issues, 90% of what you have posted is essentially filler.

 

To do anything you need to marry, I have seen similar cases where a marriage has been premature and there has been no issue with fraud.

 

I would marry and see if the Consulate will allow you to file direct as that is much quicker, if not file with the lockbox and seek an expedited, much longer.

Thanks & noted on sticking to less filler, I presumed based on comments that I left blanks... Anyway, as soon as we discovered the overlap we married Utah online together on our sofa, the consular in Manila called me to say don't worry and now that's it's legit for immigration then we can send it to amend or you may start over.

 

Do we fill our I 130 and all supporting doc and send it to Manila or how did you all ask for consular processing.