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Getting a baby to the US


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azaleah5

I am not going to question your integrity however I will say if you petition to extend K-1 for the CRBA of the child you better be 100% sure that the child is his, there be zero doubt or room for error. Otherwise the whole application process will restart.   I wish you the best and the clock is ticking...

yes 100% sure its his 

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The Cebu Consulate verifies you've submitted the correct forms and forwards them to the embassy in Manila. The CRBA is (or is not) approved in Manila. Since you've submitted the paperwork I would call

NSO can be a feat in and of its self.  That takes 3 months and on a rush it takes 30 days.   I just see a DNA test forth coming.   How can you get ahead of that ball is what needs to be happening.   T

You have fallen into the black hole. Immigrant and fiancé/e visas cannot be extended. If the visa is not used within its period of validity, you must take it and the visa packet to the embassy for can

shadow

You have fallen into the black hole. Immigrant and fiancé/e visas cannot be extended. If the visa is not used within its period of validity, you must take it and the visa packet to the embassy for cancellation, along with a statement explaining the reasons why the visa was not used. It is possible that you will be eligible to receive a new visa, although this is not certain and depends on the circumstances of your case. If the US citizen is listed as the father on the birth certificate, the child is not eligible for a visa unless you specifically address that the child is a step child and will not be gaining citizenship upon arrival in the US. 

 

To sum it up, you need to have the CRBA complete, and a passport or travel document for the child. John at the Cebu consulate does not have anything to do with the visa process, and knows very little about it, don't waste your time there. Only the Manila embassy can help you with this, I recommend you contact them ASAP. They may be able to tell you whether or not the CRBA is being approved without DNA testing. If a DNA test is going to be required, there is no way you are going to be able to complete this in time.

 

We have had clients in this situation. We stalled the visa interview until such a time that the CRBA would be completed BEFORE the visa expires. That is what SHOULD have been done in your case, but it is too late for that now.

 

You are at the mercy of the embassy. If you present your case well, they might grant you a new visa. Otherwise, you will have to be petitioned again, or enter the US on this visa without the baby.

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SkyMan

Only the Manila embassy can help you with this, I recommend you contact them ASAP. They may be able to tell you whether or not the CRBA is being approved without DNA testing. If a DNA test is going to be required, there is no way you are going to be able to complete this in time.

Shadow is the expert here, not me.  But if it were me I'd call and explain the situation and ask if there is any way the CRBA/passport can be fast tracked.  I wouldn't mention DNA testing unless they mention it first because I wouldn't want to put the idea in their head and if you are the one to bring it up, it might sound like that's something that worries you and they might ask for it because of that.  I would play innocent of that possibility unless they bring it up.

 

But that's just me and how I'd handle it.

Edited by SkyMan
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shadow

 

Curious how this works? In my experience, using fixers in the Philippines results in delays, higher fees, and illegal documents...

 

You are confusing agents with fixers. Not the same. Agents usually operate legally within the system, and produce legal documents through the proper channels.  Fixers do not. In many instances an agent can speed up the process and save you money. For instance in this case had the OP been our client we would have delayed the interview until such time as the CRBA could be completed BEFORE her visa expired!

 

Nice story, but airlines cannot restrict pregnant women from flying. Wrong again!

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shadow

OK. In stead of just saying I'm wrong, please quote the DFA website that says that fixers get priority processing on passports. Of all that do get to go to the Courtesy Lane, none are fixers. Besides that, Courtesy Lane is just less standing in line. Same speed to process. So I would love to see some DFA or RA edict that says some fixer at SM is the only one in the whole RP with priority processing. If that were the case, why doesn't everyone apply through them? lol You sound new to this.

 

Show me where there is any restriction on pregnant women flying. That would be illegal, actually. Unless things have changed recently? My wife flew several times when she was 9 months pregnant. Including internationally. As it would be illegal to deny her. No approval required(accept RP domestic), no peperwork, nothing. Her passport was stamped as 9 months pregnant by St. Lukes Extension. Immigration saw that and said nothing. Other than something like "may sinuswerte ka!!!" 

 

As for pregnancy being a delay, I can attest that the US Embassy in Manila gives(at least unofficially) expedited processing to pregnant women. We had not even 3 months from application to green card in hand and on the plane!

 

http://passport.com.ph/info/requirements/for/courtesylane

 

Apparently United has updated since the Continental merger now allowing regular travel through 8 months. Only asking for paperwork at 9 months:

http://www.united.com/WEB/en-us/Content/travel/specialneeds/pregnancy/default.aspx

 

CA used to simply ask for a doctor's letter if traveling within seven days of due date. But how would they prove that you were within 7 days? 

 

AA allows 8 months. With loose requirements in your 9th month:

http://www.aa.com/i18n/travelInformation/specialAssistance/travelingWhilePregnant.jsp

 

DA still has zero restrictions:

http://www.delta.com/content/www/en_US/traveling-with-us/special-travel-needs/disabilities.html

 

US asks for a DR note for travel within 7 days of due date. Again, who would know? 

http://www.usairways.com/en-US/traveltools/specialneeds/children.html

 

HA is also 7 days:

http://help.hawaiianairlines.com/app/answers/detail/a_id/79

 

American College of Obstetricians and Gynecologists (ACOG) recommends women don’t fly after their 36th week.

 

 

 

Your turn.

 

PS-"Fixer" and "Agent" are the same thing if the agent is fixing something for you ;)

Hmmm, what is that smell? Is it dog cooking, or just another :troll:  on the fire?

 

I sound new to this? It is you who obviously does not know the difference between an agent and a fixer.

 

I will give you an example, using the DFA (since you brought that up). The DFA authorizes some travel agents to process passport applications (they don't authorize "fixers"). 

 

The agencies are limited in what they can do. The agency collects and inspects the applicants documents, and sets an appointment with the DFA for "personal appearance". The agency then forwards the application and documents to DFA.

 

The applicant must then attend the appointment for personal appearance. If everything is in order (which with a good agent it usually is) the passport will arrive in a few weeks. Most agents charge P500-P1000 for this service.

 

Now, without using an agent, an applicant will show up very early in the morning and fall in line. They may get in that day, or they may have to spend the entire day there and return the next day. If their documents are not in order, they must return yet again and again, falling in line each time.

 

If the applicant lives out of town, they will have a minimum of one night in a hotel, but more than likely it will be more than one night. By using the agent, the applicant will only spend 1-3 hours at the DFA, in many cases being able to get to/from the city without even one night in a hotel. The agent's small fee saves the applicant time and money.

 

A "fixer" is not authorized by the DFA, and can do none of the above. Using a fixer often will result in a fake passport.

 

Hopefully that is simple enough for even you to understand. I will respond no more to your ludicrous assertions. Please carry on...

 

As for flying, Kansas law does not apply in the Philippines, you do sound new to this!

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Nangulo

Ad hominem reasoning is a logical fallacy.  It's where one lacks either the vocabulary or skill to argue the issue and instead reverts to name-calling.

 

For example:

 

I don't know if dinosaurs were aboard Noah's arc.  An overwhelming amount of evidence shows they were pretty much killed off about 65 million years ago mainly due to a meteor or comet impact near the Yucatan peninsula.

 

Oh yeah?  Well, your mother wears army boots.

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USMC-Retired

K-1 can not be extended or changed after your arrival in the US for date of marriage.  Yet the date can be changed by the Embassy and extended for when you go to the US. 

 

This is right from the website:

 

 

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed.

 

http://travel.state.gov/visa/immigrants/types/types_2994.html#11
Edited by USMC-Retired
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USMC-Retired

Fixer and agents are not the same thing.  I used an Travel Agent to get my passport photo and appointment for my kids. They accomplished the job and got us a priority appointment and ensured our paperwork was in order.   This was the travel agents's job and they did it.   

 

When I went to BI to correct issues with my PH Visa I had the option to use a person that would get me a BB stamp and fix my PH visa issue.  I would not have to fly out of the country and all the stamps would be good.   That is a fixer because I would not be doing it exactly as the law states.  I did not opt for that solution.

 

The primary job of agents is to ensure the paper work is completed, appointments made, and procedures followed to prevent undue delays.   When dealing with immigrant visas unless you suffer from OCD or like to read it would be well worth the added expense of an agent.  The mountain of paperwork is enormous and forgetting one page will cause untold delays in the process.  

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Davaoeno

 

International/Over Water Travel

For international travel or any flights over the water, travel is not advised within 30 days of the due date, unless you are examined by an obstetrician within 48 hours of outbound departure and certified in writing as medically stable for flight. Travel within 10 days of the due date for International travel must have clearance from our Special Assistance Coordinators. Travel within 7 days after delivery requires clearance as well.

 

AA

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shadow

K-1 can not be extended or changed after your arrival in the US for date of marriage.  Yet the date can be changed by the Embassy and extended for when you go to the US. 

 

This is right from the website:

The validity of the PETITION can be extended before interview. This does not apply to extending the validity of the VISA once it is issued, or the length of time one had to marry or depart once in the US.

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enoonmai

 

 I used an Travel Agent to get my passport photo and appointment for my kids. They accomplished the job and got us a priority appointment and ensured our paperwork was in order.   This was the travel agents's job and they did it.   

Do you mind sharing the name of the travel agency that assisted you?

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USMC-Retired

Destination travels in Emall.

 

Do you mind sharing the name of the travel agency that assisted you?

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USMC-Retired

The validity of the PETITION can be extended before interview. This does not apply to extending the validity of the VISA once it is issued, or the length of time one had to marry or depart once in the US.

Because it is not clear and specifically says that,  I would be asking.  Actually the way it is written leaves the door open for this extension.  Yet the counselor has unabashed rights to do almost anything regardless of what is written.   Nothing is ever the same from one application to the next.  

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shadow

Because it is not clear and specifically says that,  I would be asking.  Actually the way it is written leaves the door open for this extension.  Yet the counselor has unabashed rights to do almost anything regardless of what is written.   Nothing is ever the same from one application to the next.  

While it is true that officers can and do use their own discretion, it is clear that what is referred to here is the actual petition. The NOA2 approval notice from USCIS is valid for four months (says so right on it), and can be extended if the beneficiary is not ready for interview. In the case of Manila, this extension is more or less automatic, but that is not so for some other embassies where if you do not actually apply for the extension, and the NOA2 expires, the petition must be filed over again, and the filing fee paid again. Now, knowing that the USCIS PETITION APPROVAL states right on it that it expires in 4 months, read your own quote again;

 

 

"My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A Consular Officer can extend the validity of the petition if it expires before visa processing is completed."

 

It seems pretty clear to me they are referring to extending the petition, not the visa!

 

Now then, one other thing that is on Manila embassy site, that is contradictory to other embassies, is this statement;

 

 

 

"What if the fiancé(e) must delay their arrival in the U.S.?

The K-1 visa is valid for a maximum of six months. If the visa bearer is unable to leave for the United States immediately and the visa expires, a new one may be issued upon written request to the Embassy and the payment of another application fee of $240."

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

AND;

 

  • Validity of visas

 

Generally, an immigrant visa is valid for six (6) months from the date of issuance. The validity of a visa, however, may also be limited because of medical restrictions or other reasons. If an applicant knows that departure will not be possible within this period, he or she should request to have the interview moved to a later date. The Embassy does not extend the validity of an issued visa. However, an expired visa may be replaced if the applicant is able to demonstrate that his/her inability to use the visa was due to circumstances beyond his/her control. If an applicant is determined to be eligible for a replacement visa, he/she will be asked to update his record and will be charged the applicable consular fees.

To request a replacement visa, the expired visa needs to be surrendered at the Embassy with a letter explaining the reasons why the visa was not used.  

http://manila.usembassy.gov/after-the-interview.html

 

However, I have yet to hear of anyone actually having success with this, and have known of several who tried. If the OP herself was in the hospital and unable to travel, her chances would probably be good. But for a new visa to be issued because she does not want to leave the baby behind is doubtful, as women leave their babies behind every day here, and this could be construed as "in her control". Maybe she would get a sympathetic consul, and maybe not. If she is granted a new visa, she will also have to undertake the medical exam again as it is only valid for 6 months also.

Larry in Dumaguete 

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USMC-Retired

That is good you do not have to reapply just submit a letter and 240 Dollars.  Though it never hurts to ask and circumstance beyond control is an opinion. 

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