⌛ Permanent Residence

After three years of marriage I am finally getting off my dead @ss and getting my permanent residence

While processing the lawyer mentioned that with a permanent resident it is a quick and simple matter of requesting a visa and taking my wife back to America for 30 days.....once there I supposedly can request a change of status , an extension and process a "spousal visa" there ......the advantage being a significant saving of time.....and not having to run the "anal" inspection they do in Manila

Anyone know anything about this......seems like a much better path than the current 18 to 24 month spousal visa torture

 

A few misconceptions here. First, it IS a a quick and simple matter for your wife to apply for a tourist visa to the US. However, unless you have some strong ties here yourself, chances are that application will be denied. A 13A alone will not generally be enough proof that she will return. Once you have been here a few years and can show ties, such as home, business, etc. then it becomes easier. Also a factor is the age of your wife. Under 35 years or so and it becomes much more difficult, as well the length of your marriage.

They make this difficult because of the number of people who have taken their wive's and GFs to the US with the intention of marrying there!

A more "for sure" path, if you get a 13A visa and can prove you live here, is to apply for a spousal visa for her by doing a direct consular filing (DCF). A DCF is filed directly to Manila, bypassing the NVC. Total timeframe start to finish is 3-4 months.

An I-130 spousal visa, if filed from stateside, now takes 9-11 months, and with K3 filing 7-9 months.

Also keep in mind that if you do go the route you mentioned, if during adjust of status USCIS determines that she used the tourist visa to circumvent the spousal visa process, they can make her return to the Philippines to process it PROPERLY, they can deport her, and/or they can ban her for 10 years.

To sum this up, you need a better lawyer!

Larry

 

Kojak, does your wife have a Philippines passport? I found that alone to be an onerous process. We looked at the requirements to get her a tourist visa and after listening to advice from Larry and others decided not to pursue a tourist visa at this time. Good luck.

 

We own a home in Bacong....been married three + years.....joint bank account....two for us....one in her name only..... a student at Silliman..... has her own Philippine Passport..... 27 years old...... are my chances any better??

 

not really to be honest....
resort-owner's wife, 2 kids here with him and his daughter from the US living here, million dollar investment in Dauin ( rest similar to you just longer married) didn't get a visa to for a short visit together with her husband.
seems to be pretty much a lottery.

 

Yes, only negative mark is her age. I would say it would be be worth a try for a tourist visa IF it were to be used as a tourist visa. You will not save yourself any trouble though, and your chances are probably 30%. They really frown upon people who use tourist visas when their intention is to immigrate.

Personally, I would recommend doing DCF, 3-4 months and then she would have her green card and SS card within weeks of entering the US, instead of taking chances with adjusting status there, and then applying which will take probably at least a year to complete if granted.

Larry

 

Usually they tell you WHY the disallow a visa.....why was the resort owner refused

 

On a tourist visa they do not usually tell you why they deny, in fact they seldom tell you anything, just stamp it "DENIED" right in front of you. Less than 5% of tourist visa applicants are approved. Most tourist visa interviews last less than two minutes.

Larry

 

Not sure if that will work to make visiting the US easier....a Pakistani workmate in the Middle East had a green card and was told to return to live in the US - or lose it. Seems you can only spend a finite time out of the country...Australia has similar rules with its residence visas. Use it or lose it.....If Kojak intends to live in the US with his wife - than that is they way to go...

Interestingly....my wife has never had a problem getting a US tourist visa - even before she got her Australian citizenship. But we always applied OUTSIDE the Philippines...

Returning Resident Visas

 

As I understand Kojak's post, he is intending to use a tourist visa when he intends for his wife to immigrate. NOT a good idea. This can get her deported and banned.

One can stay out of the US for up to one year on a green card, or two years if he/she applies for re-entry permit BEFORE they leave the US.

USCIS - International Travel as a Permanent Resident

Larry