True or False: CFO can require police clearance or FBI report for petitioner

[Nathan2424 3]

Having a little panic attack because some of the FB groups that I am in, are saying beneficiaries are getting requested to provide a police clearance or FBI report of the petitioner (not the beneficiary) during their CFO/GCP seminar. We already purchased the flight and hotel to Manila (nearest CFO location) and it is too late/short-notice for me [petitioner] to get a police clearance/FBI report before the interview.

 

Curious, if anyone else has encountered this at all? It doesn't make sense because the I-129F has a section for criminal history and I would assume that would be part of the background check, but a lot of the K-1 process doesn't make sense...

[wildbug100420 177]

34 minutes ago, Nathan2424 said:

Having a little panic attack because some of the FB groups that I am in, are saying beneficiaries are getting requested to provide a police clearance or FBI report of the petitioner (not the beneficiary) during their CFO/GCP seminar. We already purchased the flight and hotel to Manila (nearest CFO location) and it is too late/short-notice for me [petitioner] to get a police clearance/FBI report before the interview.

 

Curious, if anyone else has encountered this at all? It doesn't make sense because the I-129F has a section for criminal history and I would assume that would be part of the background check, but a lot of the K-1 process doesn't make sense...

Stay off the Facebook groups. It wasn't necessary for my now wife's seminar 

[Nathan2424 3]

2 minutes ago, wildbug100420 said:

Stay off the Facebook groups. It wasn't necessary for my now wife's seminar 

By chance, do you mind sharing when your wife did the seminar? I ask because it seems to be a recent development after Filipina Marvil Facturan-Kocjančič, 27, was allegedly killed by her Slovenian husband Mitja, while on holiday vacation in the resort town of Bled on Dec. 29, 2024.

[SalishSea 18,225]

47 minutes ago, Nathan2424 said:

Having a little panic attack because some of the FB groups that I am in, are saying beneficiaries are getting requested to provide a police clearance or FBI report of the petitioner (not the beneficiary) during their CFO/GCP seminar. We already purchased the flight and hotel to Manila (nearest CFO location) and it is too late/short-notice for me [petitioner] to get a police clearance/FBI report before the interview.

 

Curious, if anyone else has encountered this at all? It doesn't make sense because the I-129F has a section for criminal history and I would assume that would be part of the background check, but a lot of the K-1 process doesn't make sense...

CFO has nothing to do with the I-129F petition or any part of US immigration.

[Edward and Jaycel 789]

It is true.... It just happened to a VJ member recently who messaged me about it. Fortunately he was able to get an FBI records check and sent it to her within a week and then they issued a Certificate. Here's copy/paste from the conversations in DM on November 7th, 2024:

Member: Hey there, I just wanted to reach out and say my fiancé did the CFO recently and they asked her for criminal background check for me, they didn't look at her proof of relationship. Just more info to have for future reference with others on here. 

 

Me: Oh wow! That's the first I've heard of that in a long time in these threads here. They did not ask for anything from Jaycel except for the proof of relationship. Which office did she go to?

 

Member: Quezon City

 

Me: Oh ok... Jaycel went to Cebu. So did she have a background check already for you or did you guys have to get one and send it in after?

 

Member: I was able to get a FBI one pretty quick so she had that one to bring back with her.

 

Edited February 9 by Edward and Jaycel

[Edward and Jaycel 789]

56 minutes ago, Nathan2424 said:

It doesn't make sense because the I-129F has a section for criminal history and I would assume that would be part of the background check, but a lot of the K-1 process doesn't make sense...

 

Like mentioned above by @SalishSea the CFO process is not associated with the I-129F or K-1 - It's 100% a Philippine Gov't requirement for their citizens and they seem to vacillate between crazy strict requirements and only mildly strict requirements

[Nathan2424 3]

Well that sucks, I really wish they would at least update the website to list the required documents. More wasted money, more wasted time...

[Nathan2424 3]

Any suggestions or ideas of anything I can do to avoid my fiancé being delayed? This is so dumb, I swear governments just compete for who can be the more incompetent with their practices.

[TBoneTX 46,292]

Country-specific thread is moved from the K-1 Process forum to the Philippines regional forum.

[maryaaaaaaaaaaa 38]

10 hours ago, Edward and Jaycel said:

It is true.... It just happened to a VJ member recently who messaged me about it. Fortunately he was able to get an FBI records check and sent it to her within a week and then they issued a Certificate. Here's copy/paste from the conversations in DM on November 7th, 2024:

Member: Hey there, I just wanted to reach out and say my fiancé did the CFO recently and they asked her for criminal background check for me, they didn't look at her proof of relationship. Just more info to have for future reference with others on here. 

 

Me: Oh wow! That's the first I've heard of that in a long time in these threads here. They did not ask for anything from Jaycel except for the proof of relationship. Which office did she go to?

 

Member: Quezon City

 

Me: Oh ok... Jaycel went to Cebu. So did she have a background check already for you or did you guys have to get one and send it in after?

 

Member: I was able to get a FBI one pretty quick so she had that one to bring back with her.

 

Quick question.

 

We sent court documents during the K1 filing that proves DUI charges were dropped 20 years ago. You think that would suffice in lieu of FBI rap sheet which cost $50 lol

[Edward and Jaycel 789]

I wish I had an answer for you but I don't know  These counselors seem to be able to do whatever they want, although I will say that the "Police Clearance" is included on the list of "Additional" documents that "May" be required

[Edward and Jaycel 789]

10 hours ago, Nathan2424 said:

Well that sucks, I really wish they would at least update the website to list the required documents. More wasted money, more wasted time...

 

They actually do list it.... This is from their website (emphasis mine):

 

The following are the GCP primary requirements:

1. Barcoded Confirmation form of GCP Appointment
2. Original valid passport and additional two (2) valid IDs;
3. Original valid visa and Confirmation of Permanent Residence (for Canada-bound only);
4. Petitioner’s passport copy or one (1) valid ID; and
5. Philippine Statistics Authority (PSA) Marriage certificate in security paper (if married in the Philippines);
6. Report of Marriage in Philippine Statistics Authority (PSA) security paper (if married overseas)

Additional documents may be required in the event that the counselor / facilitator determines it to be essential to complete the guidance and counseling process. It is advised for all the GCP applicants to prepare the following documents in advance (if applicable to them):

● Divorce decree/certificate of Filipino spouse or foreign spouse (if previously married)
● Annulment papers of Filipino spouse or foreign spouse (if previously married)
● Proof of residency/Alien Registration Card-ARC of foreign spouse
● Proof of relationship (pictures together, e-mails, among others)
● Death certificate of Filipino spouse or foreign spouse (if widowed)
● Certificate of family relations / registration of foreign spouse
● Proof of Civil status or Certificate of No Marriage (CENOMAR)
● Valid no criminal records certification/clearance or any equivalent document to indicate lack of criminal/derogatory record
 

[Nathan2424 3]

47 minutes ago, Edward and Jaycel said:

They actually do list it.... This is from their website (emphasis mine):

Unfortunately, that is incorrect as that bullet is in regards to the NBI for beneficiary, similar to the requirement for the consulate interview. Btw, I’m not criticizing you, I know you’re just trying to help, but I think it’s what you alluded to earlier that they just do what they want.

 

We know this because:

1. All the documents as specified are limited to applicability to the GCP applicant (beneficiary), which is stated in the last sentence right before they list the optional/potential required documents.
2. The other seven bullets apply to the beneficiary, so it would be unreasonable to assume the eighth bullet applied to the petitioner without stating as such. 
3. Plenty of beneficiaries have also been requested to provide their own police clearance or NBI at the interview.
4. When they do require a document applicable to the specifically to the petitioner, they say it, e.g. “Petitioner’s passport copy or one (1) valid ID”

[Edward and Jaycel 789]

16 minutes ago, Nathan2424 said:

The other seven bullets apply to the beneficiary, so it would be unreasonable to assume the eighth bullet applied to the petitioner without stating as such. 

 

1 hour ago, Edward and Jaycel said:

● Certificate of family relations / registration of foreign spouse

1 hour ago, Edward and Jaycel said:

● Proof of residency/Alien Registration Card-ARC of foreign spouse

 

These both refer to the petitioner - 

 

18 minutes ago, Nathan2424 said:

Unfortunately, that is incorrect as that bullet is in regards to the NBI for beneficiary, similar to the requirement for the consulate interview

1 hour ago, Edward and Jaycel said:

● Valid no criminal records certification/clearance or any equivalent document to indicate lack of criminal/derogatory record

 

This does not have any reference to the NBI at all - It doesn't list petitioner or beneficiary - It is deliberately left vague so that the counselor can request a police clearance either from the the beneficiary or the petitioner at their whim.

 

 

[top_secret 2,550]

As @Edward and Jaycel mentioned, it HAS always been listed as a possiblity on various lists of requirements from CFO.  However, in the past it was rarely actually required. Even now, although there has definitely been a recent uptick of antidotal reports of CFO asking for police reports from the petitioner I think it is still only a small minority of cases. They might ask for one but most likely they won't.

 

For CFO, they do have a huge amount of discretion and make up rules as they go along.  It is what it is.  The best strategy for dealing with them has always been appeasement followed by grin and bear it. In terms of what your fiancee can proactively do. They are probably judging her by how confident, mature and worldly she presents herself. If she goes in there confidently and maturely able to discuss exactly what she is getting herself into, how well she knows you, what she would do if anything went wrong etc.  She would probably get through trouble free.  If she seems young, naive and unsure of what challenges she might face then they may ask for more.

 

Americans tend to look for a check list, fulfill the requirements, and thus have complete assurance of the expected result. The Philippines in general has less certainty about everything.

 

I have seen CFO delay and hassle applicants for a week or so and even up to the day before a flight.  But it's been pretty rare that they actually, really, forced anyone to miss a flight if they have a US fiancee or immigrant visa.  Even if they are hassling someone they generally do come through at the last moment.