Honesty doesn't pay at USEM...

[ITGeek]

Gotta laugh at the incompetency of some public officials. Last year upon returning to US, I filed I-130's for my newlywed wife and her 5 yo daughter, costing me $840 in filing fees. A month later, my wife finds out she is pregnant, so we discussed our options, deciding that me relocating to Philippines was the best option. So I accept the loss of the $840 fees and not continue with CR-1 process.
Fast forward 9 mo's, I'm residing in the Philippines and thank God we were blessed with a very healthy baby boy.

A month later I then proceed to file CRBA/Passport for him. I have to give credit to USEM ACS unit, they scheduled appointment within a week of receiving the CRBA paperwork. They were even helpful in rescheduling the appointment while I had to fly back to US due to a family emergency. Sadly, I found out that my uncle was given 6-12 mo's left to live due to a terminal illness.

Now comes the fun part. I had contacted the USEM and NVC to find out the process for withdrawing the I-130's. Simple enough, send the USEM IV unit and NVC emails with attached endorsed letter stating my reason for withdrawing I-130's. The case being I now reside in the Philippines with my new family.

While in the US, I file DS-160's B1/B2 tourist visas for for wife and step-daughter, pay the $320 in MRV fees and schedule interview. Naturally, they are immediately denied their tourist visa under INA 214(b), most likely because CO notices I-130 in system, but didn't bother to review any evidence supporting they were withdrawn and evidence of compelling reasons for returning to Philippines.

I return to Manila and along with my wife and baby boy attend CRBA/Passport hearing which went smoothly. The CO even accepted copies of doctors prenatal exams. In the meantime, I had also re-filed the DS-160's paid another $320 in MRV fees explaining on form that I-130's were withdrawn. My family in US is unable to afford to travel to Philippines, and my terminally ill uncle wants to meet my new family before he passes.

Once again, they go to interview and the CO reviews their evidence and states they have sufficient evidence to support returning to Philippines. But wait, the CO see's my original email message to the USEM and NVC withdrawing I-130's and then denies their visa's under INA 214(b) stating they are risk to immigrate.

Someone please help me understand the insane logic. Why would I waste $840 fees to withdraw I-130's, spend another $640 for in MRV fees in attempt to get my new family to US for visit for a few weeks? If they really intended to immigrate, I wouldn't have withdrawn the I-130's. So would it have been better for them to proceed under I-130's immigration process under false testimony, since we have no intention of residing in the US.

In the meantime, I've written to the public affairs offices for US Ambassador - USEM, Secretary of State John Kerry and Senator's Feinstain and Boxer asking them for assistance under humanitarian reasons. Giving them a summary of the above situation, so my 75 yo terminally ill relative in US can meet my family before he passes and my 84 yo father is unable to travel to Philippines.

Perhaps I could get better results if I claim they are Syrian refugees, that way they'd get free airfare, housing, food and health care.  

Edited September 16, 2016 by ITGeek
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[Mr. Bobo]

2 hours ago, ITGeek said:

In the meantime, I've written to the public affairs offices for US Ambassador - USEM, Secretary of State John Kerry and Senator's Feinstain and Boxer asking them for assistance under humanitarian reasons.

Writing to the higher ups is wise move and may pay dividends. I met my Filipina wife while working in the UAE in the late 90s. After a three year contract I returned to the US in 2000 (unmarried). My wife was able to get a six month tourist visa to come to the US to see me. Near the end of her six month tourist visa we decided to get married in the US which we did. A foreign national marrying a US citizen while on a tourist visa is frowned upon by US Immigration, but not illegal. Just before her US tourist visa expired her mother in the Philippines had a stroke and was on her death bed. I told my wife to fly back and see her before she died which was a bad move on my part. I was very naïve about US immigration law, I just figured that since she was my wife and we were married in the US she could leave US and come back. Wrong! In retrospect had I known that I would have to go through the I-130 process to get her back into the country I would never have let her leave the US. At the airport when she was leaving the US the female immigration official started giving us a verbal lashing for getting married. This was my first exposure of many with US immigration officers and I quickly realized that most of them a flaming a-holes with God complexes. Anyway, I filed the I-130 as required, received a letter from the USCIS in California stating that the I-130 process would take a couple of months, no problem. After about three month passed and hearing nothing from the USCIS I decided to drive the 100 miles to the USCIS service center to find out what was going on. After waiting about five hours I finally got to speak with an immigration official. He very rudely told me the I-130 process was going to take a year or maybe two and quickly dismissed me. The guy way a real a-hole and I wanted to punch him in the face. Every month I would drive the 100 miles to get an update and was told the same thing and treated the same way. Most of the people who visit that particular USCIS are Latinos from Mexico and the US immigration officials treat them like sh@t so I guess their modus operandi is to treat everyone, including US citizens (who pay their salaries), like a pieces of sh@t . Every time I went to the USIS there the would be 100 or 200 Mexicans waiting in line two hours before the place opened and I would take my place in line and usually I was the only non-Hispanic in line.

After about six months passed and nothing was happening I decided to write a letter to the US Ambassador at the US consulate in Abu Dhabi. I explained my situation, and I explained how the US immigration officials at the USCIS where treating people, etc. I was a long shot and I never expected to get a response. About a month later I received a personal letter from the US ambassador. It basically said if you fly to Abu Dhabi, my wife had gone back to work in Abu Dhabi after her mother died, I will grant your wife a visa to enter the US. I was in shock! A week later I was in Abu Dhabi, it took the US Consulate in Abu Dhabi a couple of days to process the I-130 and a week later we were in America.

I have many experiences over the years, for a variety of reasons, with US consular officials and for the most part, IMO, they not only are incompetent but most are flaming a-holes!.  

I have learned over the course of my life to go directly to the top when confronted with situations like this. Good Luck, I hope that you are as successful as I was.

    

 

[chris49]

I was married previously (several times but focus on this one)

I took my wife a Saudi woman but with a Sudanese Passport to the Embassy in Riyadh for her tourist visa application. We had 2 kids American. She had no intention to immigrate.

It was getting late in the morning and the waiting time might have gone past the 1 P.m closing. The Consular Officer came out and met us in the waiting area. He asked her why she wanted to go to the USA and she did reply. He said go and pay the fee. I asked him what about the interview? He said "that was it you are already approved"

This and Mr Bobo's experience tells you that things are handled differently in the Philippines. Perhaps the sheer volume and no consideration of personal cirumstances

[ITGeek]

I've heard stories from Filipinos who have gone to the US Consulate in Singapore and were able to obtain their tourist visa there.  However, I did read somewhere about the petitioner's record following them in the USCIS system and could result in worse than a denial, but being blacklisted.  I think my best option is to wait until my son receives his USC and Passport and then have them reapply after and pray 3rd time is a charm.  It's too bad they don't allow spouses to accompany the visa petitioners to the interview area.  Besides, I'll have obtained my 13a residency, my ACR-I is still listed as tourist.  Once I'm legal resident, the CO will have a tougher case denying tourist visa.  I just hope it's in time before  my uncle or father pass away.