⌛ Permanent Residence

I'm not sure of the answer to that, Benjamin, but I think she would have had to be in the US 5 years at the time of your death.

Larry

 

Thanks Larry.... I have sent an e-mail to an American immigration attorney.

Lets see if he is any good.

Thanks
Benjamin

 

I didn't mean to miss inform anyone,,, just read it from the latest on the website. I think it says Febr , 2010. I am not sure if Kojak is a permanent resident yet. I know that he was thinking of applying for permanent residency, when I last spoke to him.

Hope we can get the right info.

Benjamin




Benjamin

 

You don't need an immigration attorney, the answer will come from Social Security Admin. The entire SS handbook is available online, I have downloaded it in the past. Try a google search for "Social Security handbook". The answer is in there. Getting correct info about SS matters from an immigration attorney is highly questionable.

Larry

 

Thanks Larry..... I am checking SS website as I write you.

Benjamin

 

Ye gods!

Larry, I am so glad there is a lull here for a While, I cant say much about the US Visa System at all. This lull does give me a Chance to ask and say a thing or two, Firstly, I was under the impression that the OP was already married, Why would he need a spousal Visa? The UK do not have such a thing, this is a very strange issue, Nor do I believe has the PI. If we want to marry (Sorry I am British) we tell the FCO (Foreign & Commonwealth Office) this and they ask what Questions of the Intended they feel is fitting. I have been married now 2+ years and it is still ongoing about a Visa for Azon BUT there is only 1 Visa for her to apply for. Visitors Visa is out of the Question, we are married, she has to apply for Residency (Permission to stay and Reside) This is out of the Question as I am resident in the PI. Now, is this the reason he is having a hard time.The OP is married and Living in the PI, I would hazard a guess that of course he will have to apply direct to the states for the visa he requires. When I wanted to take Azon to Spain, We had to obtain a Full British visa before a Schengen Visa was issued, We Got a Gibraltar Visa No problem BUT she can not leave Gibraltar at all. Like Usual, this Visa thing is so complex, What I dont understand IS? why the OP needs a Spousal Visa for at all if he is married Already. my Understanding was that it was a visa for those Intending to marry!
Sorry if this does not make sense BUT it is so confusing all these visa Numbers and the such like, he is an American, married to a Pinoy, all he wants to do is take here Home for a visit, Another Member just wants his rights protected. WHY? is life so hard.



Jack P. :o

 

I think I may have some of the answers. First of all Kojaks wife of course is his wife but she is not a US citizen, therefore she would require a visa to be brought to the US, the I-130 all foreign spouses must apply for US residency. The I-130 is good for 10 years and she must never spend more than 1 year away from the US without risking revocation. And there are extensions but of course they must be filed in a timely fashion or everthing starts all over again.

The I-130 also gives her the right to work and live in the US. After ten years of qualifying employment (paying taxes) she will be eligible for her own SS if she is of age or has a qualiifying disability. She can apply for citizenship after 5 years of continuous residency or three years if active duty. Not sure about retired military but I would guess they would extend the priviledge after three years of continuous residency.

My wife has just applied for her I-130 renewal, the price has gone up, it is almost $500 just for renewal and citizenship looks like more than $1000 currently. Right now for our situation we believe my wife keeping her citizenship has its advantages since we like using the bilikbayan visa for our stays in the PI and she is not necessarily intersted in citizenship but employment and she can still collect SSN with ten years of qualifying employment whether she is a citizen or not.

Just some food for thought. Citizenship is not requred to collect SSN, but collecting as a surviving non-resident spouse is usually at a much lower rate.

 

To petition a FIANCE (intending to marry), one applies for a K1 FIANCE visa, to petition a Spouse one petitions for an I-130 spousal visa, and if desired a K3 followup. The gives the foreign spouse an IR1 or a CR1 visa, depending on how long they were married when passing through immigration. CR1 and IR1 give the immigrant a 2 year or a 10 year green card, respectively.

K visas are a non immigrant visa, and one must adjust status once in the US. It usually takes about 8 months after entry to get a green card using K visas.

If the US citizen is a resident of the Philippines and can prove that, and is married, they can apply directly to the embassy (DCF or Direct Consular Filing) for an I-130 (CR1 or IR1). The timeframe for DCF is about 3-4 months. To apply stateside for the I-130 takes 7-10 months. When filing DCF, the NVC (National Visa Center) does not get involved in the process, nor is there months long waits for transferring documents between agencies, so the timeframe is much shorter.

Larry

 

"The I-130 is good for 10 years and she must never spend more than 1 year away from the US without risking revocation."

When a spouse enters the country on an I-130, one is issued an IR1 or a CR1 visa, depending on how long they have been married. If at the time of entry they have been married two years or more, an IR1 visa and a 10 year green card is issued. if they have been married less than two years, a CR1 and a two year green card will be issued.


"She can apply for citizenship after 5 years of continuous residency or three years if active duty."

A spouse can apply for citizenship two years and nine months after entry. All other I-130 entrants can apply for citizenship 5 years after entry.

"My wife has just applied for her I-130 renewal, the price has gone up, it is almost $500 just for renewal and citizenship looks like more than $1000 currently. Right now for our situation we believe my wife keeping her citizenship has its advantages since we like using the bilikbayan visa for our stays in the PI and she is not necessarily intersted in citizenship but employment and she can still collect SSN with ten years of qualifying employment whether she is a citizen or not."

She will not lose her balikbayan privileges by gaining US citizenship. former Filipinos also are eligible for balikbayan status. Furthermore, after gaining USA citizenship and being in the US for 5 years, she will be eligible to draw also on your SS, in the event something happened to you. She then will have all rights afforded any US citizen in any country in the world. She can also regain her Philippine citizenship for a mere $50 and taking the oath, by doing so becoming a dual citizen. She then would enjoy ALL rights afforded of BOTH nationalities.



"Just some food for thought. Citizenship is not requred to collect SSN, but collecting as a surviving non-resident spouse is usually at a much lower rate."


Some more food for thought, in the unforeseen event something happened to you between now and that 10 year period, she could draw on you SS IF she had citizenship and had been in country 5 years.

Personally, I know of MANY Filipinos who now wished they had gotten US citizenship when they had the chance. However, there is SO much misinformation going around they thought they were not yet eligible, when in actuality they were. This mistake has cost some of them very dearly.

Larry

 

"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."



A DCF is processed completely in Manila, shortcutting the NVC. This is why the timeframe is so much shorter.






"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,"



"K" visas cannot be direct filed to the embassy.




"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."


You've got it almost right, but have the form numbers backwards. First an I-130 is sent to USCIS. Once approved, an I-129F is filed if a K3/K4 visa is to be pursued. If no I-129F is filed, then the I-130 petition is sent to Manila for standard IMMIGRANT visa processing. The "K" visa if filed allows the intending immigrant to enter the US while the I-130 is still being processed.


Larry