OCCmarine

Well, the wait is finally almost over. The visa status changed to "issued" today on CEAC. My fiancee went back to the embassy on 4 Nov and after waiting for most of the morning, she got to talk to the same US Consul that had done her interview. He had her rescan her fingerprints and told her everything looked good now and said she was approved. All we have to do now is wait for 2GO to show up. Thanks to Hank and everyone else that offered advice and help. The count down to POE begins... Now!

My fiancee got a call yesterday asking her to return to the embassy to be fingerprinted again. Do you think that this is related to her old passport or is this a separate problem? Do you think that this could be the last thing before they issue the visa?

@OCCMarine

Thank you for your reply. When you mention embassy staff, do you mean US Embassy staff or Japan Embassy staff?

So did the US Embassy issue a request letter to the Japan embassy for police certificate of your fiancé when your fiancé went to the US Embassy with just the NOA1 copy in hand? Or did your fiancé go directly to the Japan embassy with just the NOA1 copy to request the police certificate?

Again, thanks in advance for your reply.

I was referring to the Japanese Embassy staff. She just went straight to the Japanese Embassy. We were only 2 months into the wait on the petition when she made the request, so the only letter we had from USCIS was the NOA 1. The Japanese staff were helpful and all they really wanted to know was what visa she was applying for and what country she would be going to. She told me the staff just looked at the NOA 1 and then took down her information and then had her pay the fee. They also told her that she should call them at the end of each month to check to see if the certificate had come yet or not. The Japanese Embassy always says it could take up to 3 months, but they tend to come faster.The certificate comes sealed and it is already in english so you don't have to worry about translations.

It is also really helpful to bring her alien registration card from Japan. It will make the process a little quicker if she can show it when she goes.

My fiancee did this back in May of this year. She just showed the NOA 1 and told the embassy staff that she was applying for a US visa. She didn't have any issues with the embassy staff, but it took about 9 weeks for the certificate to come. I would recommend trying to get it now so you aren't waiting for it after you get the NOA 2. I hope this helps.

Didn't she submit a Japan police clearance?

Yes, she had the Japan police clearance. That was why I was pretty surprised that they asked to see the old passport. I'm just so glad that she didn't throw it away or anything. Maybe we should add old passports to the not required but a very good idea to keep and bring to the interview documents list.

Hello All,

My fiancee had her interview yesterday and everything went pretty well. The only question that came up is the American Consul wanted to see her old passport. She was not given any forms or letters at the embassy, but she was told that an email would be sent to her with instructions. Is email how they do the 221g form now? Also, does anyone have thoughts on why they want to see her old passport? It expired almost a year ago and all it would really show is when she traveled between Japan and the Philippines when she lived in Japan for 3 years. The old passport is in her previous married name, but she turned over all of the divorce documents at the interview so I wouldn't think that would be the issue. The embassy did keep her current passport and all of her documents, so I guess that means this should be an easy fix?

While USEM hasn't updated this page yet: http://manila.usembassy.gov/wwwh3217.html (the required documentation for immigrant visas), they have updated this page: http://manila.usembassy.gov/wwwh3023.html (the main immigrant visa page) with the new K visa requirement. You will see it if you scroll all the way to the bottom under "Notice to K Visa Applicants." It also lists the 3 exceptions that can still use the old forms.

Here's the link to the new embassy instructions:

http://photos.state.gov/libraries/manila/325288/packets/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_10%20October%202013_.pdf

They are dated October 2013. Also, if you check out the the immigrant visa page for USEM you will see the notice for the DS-160 for K applicants at the bottom of the page. So unless you meet one of the exceptions listed, you need to do the DS-160.

http://manila.usembassy.gov/wwwh3023.html

USEM has updated their instructions and it now says DS-160 only unless you qualify on one of the exemptions listed.

The proclamation came out on the 3rd. It said that it was going to be a regular holiday not a special non-working holiday. I guess this means the U.S. Embassy won't be closed?

I just wanted to give an update on our case. My fiancee went to CFO after she was released from the 1st day of her medical. The interviewer only talked to her for about 10 minutes and only asked to see her passport, her CEMAR, and the death certificate. She also asked my fiancee the basic questions about me and where she was going to live in the U.S. When the interviewer saw the divorce certificate she just said that it didn't matter since the ex-husband was deceased. So long story short, my fiancee didn't even really get asked about the previous marriage and CFO took the death certificate without asking about the circumstances or anything. My fiancee walked out with her counseling certificate in record time after showing up at CFO at 11:30 am on a Monday!

we do not have a required priority date to put in the box to set an appointment so it will not let us finish setting an interview

For a K-1 visa the priority date is the "Receipt Date" on your NOA2. It should be the day that UCIS received your I-129f.

Does anyone know about how long the Philippine Government usually waits on announcing things like this? My fiancee's interview is scheduled for the 15th of October, but we haven't gotten any notices or anything that we need to reschedule. Also, all of the official US sources don't mention anything about closing on the 15th.

We just received our case number today. We were approved at USCIS on 27 August. I would start calling NVC. I saw on your timeline that you were approved the same day we were. Your petition may have gotten there by now.

Yes, I did submit another document with the initial packet. The document is called "Koseki Tohon" in Japanese. In English, I think it's called Family Register. I even attached a document called "Joseki Tohon", a certificate to prove my removal from my ex's family register. But we got an RFE. So I submitted a copy of Certificate of Acceptance as a response to the RFE, with a letter from my lawyer to explain it is an official document to prove divorce in Japan. Soon after we got NOA2.

I'm not a lawyer so I'm not sure if the document would satisfy your case, but that's what I submitted.

Thanks for the info. You've been very helpful. It sounds like your case was very similar to mine. I've seen the new document that my fiancee is sending to me, and while the Japanese document is the same, it has a certification letter from the Japanese Consulate stating that the document is real and the translation is accurate. I'm thinking that will be enough, but I will ask the advice of a lawyer to see if an explanation letter is needed also. Thanks again.

Hi, I'm a Japanese citizen (beneficiary) and we got an RFE for "the complete and final divorce decree" for my previous marriage. I submitted the same document as a reply to the RFE. I don't know what other documents your fiancee is required in Philippines, but that's the document I submitted (different prefecture, though). I hope this helps

Interesting. Did you send in anything showing the divorce with the initial packet? I'm starting to wonder if it is not the original Japanese document, but the translation that USCIS has the question about. My fiancee does have a different copy of this document that was translated by the Japanese Consulate. Maybe that would be enough?

Hello All,

I just received the hard copy of my RFE. It says I need to provide the "complete and final divorce decree" for my fiancee. My question is what does a complete and final divorce decree from Japan look like? My fiancee sent me the document and translation that is shown in the attached pictures. Is this a divorce decree? Or, do we need a better translation than the one from the Japanese language school in Davao City, Philippines? Also since my fiancee is in the Philippines, can she get a copy of the divorce decree from the Japanese Consulate? Any info will be greatly appreciated.

We have a March 19th NOA 1. We were transferred from VSC to TSC on July 10th. I just got an RFE email notice on July 29th. Waiting on the hard copy now.

I think it would depend on why you were deported from China. If it was for a significant criminal offense, then yes USCIS and the State Dept. would thoroughly investigate and may deny the petition. If it was for something minor like a visa overstay, then I wouldn't worry too much. The important thing is to be honest and not try to hide anything. If you don't mention the deportation it could be a reason for denial even if it was over something minor. Stuff like this is very case by case and really depends on why the deportation occurred. I hope this gives some insight into your issue.

Thanks for the encouragement guys. I was feeling down about the whole process, but it does makes sense that the embassy would be aware of the whole Philippines issue on divorce. We'll keep pushing forward and I'll report on how it goes. In the mean time, just more waiting. September can't come soon enough.

We weren't trying to lie about anything. By the time my fiancee told me what she did getting her new passport and other documents the petition was already sent. Ok, I was really stupid and should have obviously read a lot more about how corrupt and idiotic the Philippines are. Bottom line, I don't have enough money to pay/bribe the people to get the divorce recognized. So, probably the safest course would be to withdraw the petition and tell my fiancee we will try again in a few years or maybe just give up all together. If we chance it with the embassy, they could decide we are trying to commit immigration fraud and charge us both with a crime and deny her entry into the US forever.

Hello All,

I think we might be in a major dilemma here. When I filled out the 129f petition, I put my fiancee's status as divorced not knowing about all of the trouble it is to get it recognized in the Philippines. My fiancee, on the advise of her lawyer, used her former husband's death certificate for getting a new passport and copies of her NBI clearance and the other paper work needed for the visa. She was divorced from her husband before his death, but it is much easier and cheaper to be widowed than divorced in the Philippines. So, her documents from the Philippines now say that she is widowed. My question is will the petition saying that her marital status is divorced and her Philippine documents saying that she is widowed cause the embassy to deny her during the interview? I included both the divorce and death certificate when I sent the petition, but I think that USCIS would approve the petition because the US recognizes divorce. My concern is that the embassy will think she is trying to commit fraud or something with the petition saying divorced and the other documents saying widowed. Is there anything I could do in this situation to try an straighten it out without having to cancel the petition and refile? I would have just sent the death certificate and put widowed on the petition had I know how hard it is to do anything in the Philippines about divorce without paying thousands of dollars and waiting a year or more. Will the US even care since it is a Philippine hang up on the divorce issue? Any advice would be appreciated.

Ok. Thanks for the info. I'll have my fiancee go check with CFO. Fortunately, we have plenty of time to see if she needs to do it again. We are only about a month and a half into waiting for the 129f.

Do CFO certificates have an expiration date? Also, can a CFO certificate be used more than once? My fiancee still has her CFO certificate from when she went to Japan for her first marriage. Can she use that same certificate to get a new sticker after she renews her passport? Is there anything on the certificate that indicates that it is for travel to a specific country or do they all look the same?

The lawyer told my fiancee that she could use the death certificate to change her last name back to her maiden name and for when she goes to get her passport renewed. The divorce certificate at this point is only officially known to the US and Japanese government. If she uses the death certificate to get the annotations that her previous marriage is over on her NSO documents would that be enough for CFO? Is it going to state on the actual K-1 visa that her marital status is divorced? Or should I request that USCIS cancel the 129f and send it back to me so I can check the widowed box and just not send the divorce certificate next time? I would rather do that than pay $4000 and wait an extra year or more for a recognition of a document that shouldn't even matter anymore.