⌛ Permanent Residence

Yes Larry, I've probably misunderstood it...I thought he was applying for Philippine permanent residence for himself - and then using that as a basis to assist his wife in getting a tourist visa....and eventual green card (agree that would be unlikely under the circumstances).. and using his Philippines residence visa to show they have enduring ties to the Philippines to augment the tourist visa application. Thanks for the link - makes my understanding of the Pakistani workmate's situation clearer...

 

Kojak, I think there may be some confusion in understanding your intent. People are trying to help but unsure of your ultimate goals. As I read it, you want two things: a permanent visa for you in PI, and a tourist visa for your wife with a plan to try and convert it to a spousal visa in the US, then both return to PI, not immigrate your wife to the US? With clarification, people like Larry can probably offer more directed advice.

 

My intent is to reside in the Philippines....The only reasons why I am going to America are
1. Get my wife into my military / social security system and allow her a certain level of financial security
2. Provide her career options after my death that she does not currently have
3. Introduce her to the country of my birth; the country I love and risked my life serving.

I will die.... I want to leave her and her family in a condition that will provide them life options ; a chance for an improved life style
So many times in the past 7+ years a widow or girlfriend has come to McDonald's and literally begged to get enough money to bury their husband or lover when he suddenly died..... then after he was in the ground they had to .....HAD TO.... hustle up a new paycheck husband / boyfriend in order to live
My wife and family have taken good care of me..... I owe them more than that..... I love my wife...I owe her more than that
Her dream has always been to go to America AND WORK.... I live good here..... want to stay here..... but my marriage is a partnership not a dictatorship
Admittedly my purpose here was to find a way to circumvent the long, expensive and protracted Spousal Visa process..... I do not know if I have "two years" left to wait..... I blacked out the other day...broke two ribs....and still do not know why I blacked out????
The tourist visa..... and getting her to America where I would apply for a change of status..... seemed like a good option..... IF IT WORKS.... Her dream is to be an American citizen..... to WORK in America...... both our hearts will also be tied to the Philippines
I owe the woman I love a better lifestyle and future than when I met her.... she has certainly provided me with a better lifestyle and future
Considering my meager retirement check I will probably be working at WalMart as a greeter.... in order to make her dream come true..... but she is worth it

 

My reason for applying for a Philippine Permanent Resident card is ..... this is where I want to live....where I built a home
Permanent Residency is less hassle and economically better....the fact that it might facilitate a tourist visa is just a bonus..... and the option I posted was a potential side effect that might speed up my wife's dream also....
I have explored all options including renting an apartment on Guam to satisfy Green Card requirements..... I am open to suggestions and information

Getting my wife thrown out of the country and banned for ten years is not something I can risk.... I can not see where my tourist visa plan should make anyone angry.....they already have a plan where you process a fiancé visa and a spousal visa at the same time allowing a fiancé to live in America while the spousal visa is processed..... my plan is NOT to trick anyone but to merely speed up the process by using the more efficient and direct processing route....

Here the spousal visa is routed through the embassy.....to a processing center in America.... In America I process directly..... cutting out a whole level of the bureaucracy.... and any bias or prejudice that might?? exist there..... I could easily and legally go back to America without my wife.....establish a home.... and process the paperwork directly.... I do not see the difference except I have my wife to care for my tired old body..... in any of these options I promise to support her for ten years..... the government risks nothing???

 

In the application process for applying for a tourist visa, she will be specifically asked her intentions for going to the US. If she states "visit only" and then she applies for change of status they are going to question her very hard about this. If they determine (they do not need proof) she used the tourist visa as a means to immigrate, she has committed visa fraud, and will most likely be banned and deported.

You seem to have some very negative opinions and ideas concerning doing this the PROPER way. As you can prove you live here, you are eligible to apply directly to the Embassy for a spousal visa for her. You bypass the US end of the process, which is where most of the time involved is. It is not that much more troublesome than applying for the tourist visa, and doesn't take much longer, or cost more. Example;

Tourist visa application fee $140
Adjustment of status $1010
Trip to manila (maybe several) $400?
Timeframe 6-12 weeks, IF approved on first application
In order to adjust status in the US, she will have to have a medical done there by an USCIS approved surgeon in the US, cost sometimes upward of $1000. Adjustment of status must be done at a USCIS service center, how much for time and travel expenses to get there? Total timeframe IF she passes the USCIS interview will be one year or more, before she will get a green card and SS card. She will have to remain in the US until she receives her green card.

VS.


Spousal I-130 application, entire process Roughly $1000
This includes all visa fees, adjustments, green card, medical, etc.
Trip to Manila for medical and interview $600?

Timeframe 12-16 weeks, she will be issued a green card and SS card which will arrive in the mail within weeks of her entry to the US. She is DONE, LEGAL, and NO FRAUD, in 4 months or less! She can return to the Philippines within a month if she desires, so long as she returns to the states within a year.

Should you pass away tomorrow, your wife has two years in which she is eligible to apply for a widows visa. The widows visa is similar to the spousal visa, in that when she enters the country the green card and SS card are automatically done. Cost is minimal, and she doesn't have to show support.

One more point, your wife must have lived in the US for 5 years before she is eligible to draw on your SS.

A recent DCF client of ours, a member of this forum, had their visa in hand 14 weeks after they applied. It would have been faster if they had the affidavit of support ready when it was asked for. However, they needed a cosponsor, and that info had to come from their cosponsor in the US, which set the whole process back several weeks. They will enter the US next week, and she will have her green card before the month is out. They applied for DCF on June 30, and had visa in hand on Oct. 15.

To me it is a no brainer.


Larry

 

Dear Larry,

When I die, my wife have 2 years to apply for a widows visa. She move to USA, get a green card and start working. Is she eligible to draw on my SS after 5 years in US?

Benjamin

 

According to the letter I just got from the Embassy in Manila..... ???? They said I can NOT apply for a Spousal Visa in Manila.....it must be processed in America..... ???

 

It is actually a very simple process if you are legally married in Philippines and Marriage registered with NSO. It can all be done from Philippines, but some documents are processed in USA and than sent back to the Embassy in Philippines.

File in Philippines...Processed in USA and Finalized in Philippines....... like 1.2. and 3!

This way there is no worry for deportation from USA.


K-3/K-4 Visa

Follow the procedures below;

The K visa for the spouse of a U.S. citizen is a “K-3”, and the visa for minor children (unmarried and below 21 years of age) of a K-3 applicant is a “K-4”.

U.S. citizens who wish to bring their Filipino spouse to the United States on a K-3 visa must file both the I-129F and I-130 petitions. These petitions are filed at the USCIS office that has jurisdiction over the petitioner's place of residence. USCIS office in Philippines... website below,

http://www.uscis.gov/portal/site/us...nnel=1ac900c262197210VgnVCM100000082ca60aRCRD

Effective February 1, 2010, when both the I-129F K-3 and I-30 visa petitions have been approved by USCIS and sent to NVC, the I-29F is administratively closed. NVC will send the I-130 petition to the Embassy in Manila as soon as it is documentarily complete and is scheduled for an immigrant visa interview.

If no I-130 petition is received with the I-129F K-3 petition, NVC will process the I-129F K3 petition and send to the Embassy for standard K visa processing, scheduling and adjudication. For more information regarding updated procedures for K-3 visa processing, please click this link:
Nonimmigrant Visa for a Spouse (K-3).

K-3/K-4 visa applicants, who have been notified by the Embassy to prepare for their interview, must pay the visa application fee before they can schedule a visa appointment via the online appointment website or the Visa Information and Appointment Service. There are three ways to pay the K visa application fee:
a) Cash payment at any Bank of the Philippine Islands (BPI) branch;
b) Online payment bill option provided by BPI to their clients
c) Online payment through Bancnet.
For more information regarding payment of K visa application fees, please visit Apply for a U.S. Visa | Home - Philippines (English) and select Bank and Payment Options.

The right way is the best way!

Benjamin

 

K visas cannot be processed by filing in Manila, spousal (IR1, CR1) CAN be filed directly to Manila IF you have proof that you, the American citizen, are a resident of the Philippines. We have processed 9 DCF cases in the last 4 years. If you would like references from some of our clients, I can give them to you offlist. PM me.

Larry

 

Sorry, too much incorrect and outdated info here to deal with tonight, stay tuned for tomorrows postings.

Larry