What is chance of getting my wife a tourist visa if not doing AOS in USA

[Itsabouttime 2]

Thank you! She has completed the CFO seminar in Cebu City. After the k1 is issued and passport returned she will return to get the CFO sticker placed in her passport.

In the previous tourist visa interview she had thought the CO had asked if we have children, which she said no. The question was actually does she have children, which she does. A child here is a strong tie.

For the Philippines I hold a Special Resident Retirees Visa (SRRV). The SRRV is a lifetime, multiple entry visa. I just need to renew my SRRV photo ID every three years. I'm exempt from alien registration and do not require an exit clearance. I have three bank accounts in the Philippines, own a vehicle, pay insurance, home lease, home full of furniture, good friends here, etc. I own nothing in the USA, except an online business, rent a PO box, and maintain one bank account, and one stock trading account. I do maintain my primary medical in the USA. A side note is i will enroll in the national Philheath program next year.

[Villanelle 4,121]

. A couple of things to consider....

She was delayed getting the K-1 because the Embassy required proof of my intent to establish domicile and have a future income in the USA... Not saying this will happen to you but it did happen to us. In our case our intent really was to remain in the USA and we were blessed with the opportunity to return to our home overseas after we arrived in the USA.. In my opinion you won't be denied for K-1 because you can't show proof to establish domacile may need to provide further evidence which can be hard to do if it isn't true.. Catch 22 there. Although we didn't go thru the Manilla embassy instead going thru Hong Kong. Ideally you'll have an interesting interview and walk out with a tourist visa instead of a K-1.

.

This is interesting. I would like to clarify some things before the thread gets muddy with those who would want to nit-pick about proper terminology. This is an open forum and as such many topics are discussed in casual English and not specific immigration terminology. It can cause issues and misunderstandings when they intersect.

For the K visa you use the 134. Its a non enforceable aff of support. Its basically a worthless sheet of paper. However it is needed. Its suppose to be evaluated at a lower poverty rate but the embassy does have discretion and some ask for and use the higher rate that the 864 for AOS uses. Some also demand a higher burden of proof, some are more relaxed since it is non enforceable and expires in 90 days. Depends on the embassy. So you will find varying info about the 134 through out the forum and there is no set standard of how it is to be applied. You can not complain and demand it be evaluated a certain way or moan about why did so and so get through with X proof and I am being hassled.

There is no requirement with the K visa to establish domicile period. In a weird twisted way the Officer can interpret the requirement of having a source of stable income to include showing you have an established domicile because well with out one it may be hard to have a stable income- or at least that could be the line of thinking...

From the OPs postings he seems to have bank accounts in the PI- these will not count for purposes of aff of support. He has an account in the US. That will count. He has assets. They will count as long as they are liquid and not deemed a hardship. He has an online business. Not sure if the income is enough based on his tax returns- but I assume he has thoroughly reviewed the forms and feels he surpasses the poverty guidelines.

For his specific income- if it is an online based self employment income- domicile is not usually an issue since he can reside wherever he likes and operate the company. When you are self-employed they review your income differently. They look at Sched C, how long youve been self employed (needs to be atleast 1 year) what kind of work it is, projected income/pending contracts, overall stability etc. It really depends on the type of work- how you present it best to show its stable.

[Itsabouttime 2]

Thanks again! No problem with income. I m also retired and cash assets can be withdrawn without delay.

[JE57 239]

This is interesting. I would like to clarify some things before the thread gets muddy with those who would want to nit-pick about proper terminology. This is an open forum and as such many topics are discussed in casual English and not specific immigration terminology. It can cause issues and misunderstandings when they intersect.

For the K visa you use the 134. Its a non enforceable aff of support. Its basically a worthless sheet of paper. However it is needed. Its suppose to be evaluated at a lower poverty rate but the embassy does have discretion and some ask for and use the higher rate that the 864 for AOS uses. Some also demand a higher burden of proof, some are more relaxed since it is non enforceable and expires in 90 days. Depends on the embassy. So you will find varying info about the 134 through out the forum and there is no set standard of how it is to be applied. You can not complain and demand it be evaluated a certain way or moan about why did so and so get through with X proof and I am being hassled.

There is no requirement with the K visa to establish domicile period. In a weird twisted way the Officer can interpret the requirement of having a source of stable income to include showing you have an established domicile because well with out one it may be hard to have a stable income- or at least that could be the line of thinking...

From the OPs postings he seems to have bank accounts in the PI- these will not count for purposes of aff of support. He has an account in the US. That will count. He has assets. They will count as long as they are liquid and not deemed a hardship. He has an online business. Not sure if the income is enough based on his tax returns- but I assume he has thoroughly reviewed the forms and feels he surpasses the poverty guidelines.

For his specific income- if it is an online based self employment income- domicile is not usually an issue since he can reside wherever he likes and operate the company. When you are self-employed they review your income differently. They look at Sched C, how long youve been self employed (needs to be atleast 1 year) what kind of work it is, projected income/pending contracts, overall stability etc. It really depends on the type of work- how you present it best to show its stable.

I agree.... It is not clear that proof of or intent to establish Domicile is specifically required for a K1. The Hong Kong Consulate at the time required an offer letter from my manager in the USA who would absorb me on return from a temporary International assignment before they would issue the VISA. Hopefully under the circumstances of OP they would accept savings/assets in the USA as sufficient to meet the needs of the affidavit of support *if* it is even requested.

[Itsabouttime 2]

Thanks again! I have both the income and cash assets. I would think should just need to show the i134 though will have all the supporting docs if AOS is anticipated by the CO.

[Itsabouttime 2]

Update!  CO interview was interesting with no AOS intent, and her K1 visa was approved after a +/- 10 minute interview.  I submitted my last two years tax returns and proof of my Philippines residence visa.

 

After the interview CEAC status showed ready for 7 days, refused for 9 days, bavk to ready for two days, then issued.

 

Visa is in hand and we depart this Saturday with a late May return.

 

It is doable!  :-). Interview was very easy, and the CO was very nice to us.

[Villanelle 4,121]

Congrats!

 

Im not sure if it was mentioned in the thread- but where are you planning on getting married? A destination wedding or a family/home event? You only have 90 days and they go by so quick~! 
 

[Itsabouttime 2]

Hi!  Texas recognises common law marriage.  Hold yourself to be married, and reside in Texas is the only requirement.  If you want to be more official you can file a state supplied form with the county clerk who will record the form in the public records.  Maybe take 15 minutes.

[Itsabouttime 2]

Hi!  Texas recognises common law marriage.  Hold yourself to be married, and reside in Texas is the only requirement.  If you want to be more official you can file a state supplied form with the county clerk who will record the form in the public records.  Maybe take 15 minutes.  FYI: A divorce would need to be approved by a judge just as if was a typical licensed wedding.

 

I ll update the outcome of her tourist visa application four to six months from now.

[Sagot 1,548]

6 hours ago, Itsabouttime said:

Hi!  Texas recognises common law marriage.  Hold yourself to be married, and reside in Texas is the only requirement.  If you want to be more official you can file a state supplied form with the county clerk who will record the form in the public records.  Maybe take 15 minutes.

Only asking for issues trying to head down that path, USCIS requires certified copies of the marriage certificate no matter.

 

 

[Itsabouttime 2]

Thank you for your concern.  Marriage is state sanctioned.  USCIS will have no problems recognizing what constitutes a legal marriage in the state of Texas.

 

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.2.htm#2.401

[Hank_ 9,171]

So you say now.  

[Itsabouttime 2]

Yes, its a fairly straight forward process.  A certified copy of the state acknowledment form filing in the cointy courthouse and subsequently in the states vital ststistics database is proof of the common law marraige.  I ll stay on topic.  :-)

[Itsabouttime 2]

We arw flying today to our POE in Guam b4 making it to the mainland in a week or so.  :-)

[Sagot 1,548]

And a simple civil ceremony involves what?  A license, and getting it recorded with the county after the I DOs and signing?

 

Not sure what benefit you see in this common law marriage approach, but good luck with it.

 

Just remember you have 90 days from POE in Guam to complete a legal marriage.

Edited February 25, 2017 by Sagot