Hello, I have a question about something that I have seen mentioned once or twice. Is there a rule that I have to have visited my wife in the past 2 years, and if there is, and I have not, will it count against me in the visa process?

A little background:

We met on the internet in June 2004. I went to the Philippines in November of 2004 for a 10 day visit to meet her in person for the first time. I decided then that I wanted to marry this woman and be with her. So, in January of 2005, after giving a 1 month notice, I left my job, and moved to the Philippines on Feb 2, 2004. She had found an apartment for us, and was waiting for me. After getting there, I received my retirement disbursement, not a lot, but I figured it should be enough to last us for at least a year. I thought I would be bringing her back with me. (How little I knew). I paid one years rent on the apartment, 1 year on the cable TV and the cable internet. We were married on May 25, 2005.

It was about that time that I found this site. I knew absolutely nothing about the visa process. I learned about the affidavit of support, and knew that I would need to be working when I filed for the visa. So, September 28th, 2005, I kissed my wife at the airport, and with tears in my eyes, watched her ride away as I walked into the terminal, and the flight back to the US.

I figured with 10 years at my old job, and leaving on very good terms, I would come back here and go right back to work. I was wrong (again). There were no openings there, so no way they could hire me back right away. I applied for jobs at other places within my field, and while waiting for those, just to have some money coming in, I took a job at a fast food restaurant making a little over minimum wage. So I was nowhere near the 125% above the poverty level line. I decided after 2 months (this was around Christmas time 2005) that I would put in for training as an Asst Manager there, as no one in my field was hiring at Christmas time, and it would mean a couple of extra dollars.

Now, while this was going on here, my wife was in school there, so I was still her only means of support. Well, to make a long story short (ok, maybe not short, just not as long) it was September 2006 before I finally got my old job back. The only catch was, I had to start as a new employee, making the new employee rate. So far, at this point in the story, it has been 1 year since I left, and no return trip yet. We were talking on Yahoo everyday, from the time I got home until time for one of us to sleep. The computers and web cams were never off.

As you can guess, I have had to build my vacation time back up, and I am finally getting close to what I was making before I left. But, in that time, prices for everything else have also gone way up, including air fares. Every time I think I have saved up enough to finally go visit her again, something else comes up, and there goes that money. It is very frustrating for both of us. I have also been trying to save enough so that when she gets here, we can find our own apartment, buy furniture and all those other things we need for day to day living. Plus all the costs that are associated with the visa process.

I plan to be there for her interview, and then she will just fly here, and I will meet her at the POA. So we are looking at around $2500 -$3000 for those flights alone.

So, the basic question is: is it going to hurt us that I have not been back yet? Or, should I just bite the bullet and go? I really do miss her, and seeing her everyday on Yahoo just makes me miss her more. Believe me, I wish I could visit her on all my days off, or at least at Christmas and her birthdays.

This was posted in the CR1/IR1 forum, but it was suggested I post it here also.


Rick

the 2 year requirement is for filing the I-129f Fiance Visa.

if you are unable to go back and visit your wife, I'd bring plenty of evidence of relationship to the interview, since it will have been 3 years since you've been with her.

The two year period is only applicable to K1 or fiancee visa. Since you are already married, your should file for spousal visa. Follow the guide given here, its a great source of information.

I answered your post in the other forum. Dont worry about the 2 year requirement. It's for K1 Fiance visa only.

Just make sure you meet the poverty guideline. Good luck! Wow, two years. That's an awfully long time. I feel for you man!! Good luck!