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Filed: Citizen (apr) Country: Canada
Timeline
Posted

Thanks for the correction! Sorry to post mis-information

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted
Hi, No we have not met yet, we are trying to figure out the best ways to go about things first whether I should travel there, or for her to come here,

Her father was and American that was stationed in the Phil, he met her mom and they were married and then lived in the Phil where she was born, He died 2 years ago, after 31 years of marriage and after his death she traveled to the usa to file his paperwork and I believe to check on his death benefits for her mom, where her mom now recieves a very small pension the way I take it.

I did not know if since he was an american citizen if that would give her more right to get citizenship here.

I am guessing the way my Tax forms are that they would not let me pass, Unless they go off my worth then I would not have a problem.

Thanks Steve

You two have to meet face to face before you can apply for any type of visa. That is a requirement. (yes, there are exceptions but I don't see where that would apply in your case)

Read through the instruction for the I-864 affidavit of support. That will help you determine what income level you need to show and/or what you need in assets to satify the requirement.

Was her dad her birth father or adoptive father? If he was her birth father and is on the birth certificate I would think that she would be eligible for US citizenship. That makes it an entirely different situation.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted
Let me clear a few things up, I didn't' pay her schooling, her dad put her through school up to the time he died an then her aunt paid, she Graduated from nursing school Last year, What I offered to pay is for her to have her final review and Final coaching an her Nursing Test so she could practice in the Phil, I made this offer she never asked anything about it. Then if she make I told her I would offer to pay for her NCLX Examination because I figured it would be easier for her to take there than here.

She has been more than upfront with me sending me Receipts of the payments to the school for her review , sending me copies of her Valid Photo Identification.

Her dad did not speak of any relation back here in the states and she does not know of any, He Was stationed in the Phil where he met her mom and they were married there, She has only been in the usa 1 time, and that was right after her dad died, she came back here and was here for one week to file paperwork and to fix for her mom to get some pension which is not much, Her mom is 68 and her Dad was 72 when he died.

She has a Valid Visa that is still good from that time and said she would like to come to the usa to see me.

I would never send money for a plane ticket, I would only purchase a non refundable ticket to her to come. if she does, but I am thinking more of going there, 1st to meet her an her mom.

Where I also feel since her dad was an American Citizen that , would be the way to approach getting her here in the USA The whole time her dad was Married he never once came back to the usa and he never talked much about it.

But you can tell by her photos and her Id that she is Half American and Half Filipino.

Thanks for your Help Steve

@@@ Since her dad died and didnt petition her then she will have time getting petition by a dead dad. If the main petitioner file for someone, that petitioner happen to die during the process, the petition itself died. She can try tio get a humanitarian process but even with that will be hard to get it too.

Honey Bun and Sweet Bun Forevermore

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Was her dad wealthy? I can never understand why an American would stay in the RP if not wealthy already and if not running from the law.

Also can't understand why he wouldn't at least get his daughter citizenship to the US... has to be a weird situation of some sort.

How many kids does he have?

Edited by DEDixon



Life..... Nobody gets out alive.

Filed: Country: Philippines
Timeline
Posted

Her Dad was just stationed there in the army, and he met her mom and fell in love and decided to stay there after he retired from the service and I really don't think he had any family here in the USA or he did not get along with them, She does not know anything about them, He is her Biological Dad, and she doesn't have any brother or sisters. I will ask her more about her dad, when I talk to her tomorrow.

He died and he never done anything to get her citizenship, he was married to her mom for 31 years he died 2 years ago and she is going to be 27

Thanks Steve

Posted
i don't want to sound like i'm discouraging you, BUT nurses here cannot work in the US without at least 2 years experience... as far as i know.

this is also why hospitals here are exploiting RNs by making them pay the hospitals as interns for two years or sometimes they pay them little allowance.

Maybe it is in some states different but over here this is not true what you say. My wife is a RN and she was able to work straight after uni. Also, I cannot say that she is getting exploited when I look at her salary lol

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

Filed: R-1 Visa Country: Saint Lucia
Timeline
Posted
You are paying for her to complete her nursing requirements and you have never met her?

The first thing you need to do is go meet her in person and get to know who she really is.

hmmmp yah agree!!! but me, my husband sending me money bfore we met in pinas:P but u need if u want to know if shes real taking nursing gets her school and student number and copy of bills in school:P (note: my husband not doing that lol) all not girls here were bad just few some of them :P

USAR

Oct.8 2009 - arrived in USA (CR1 visa)

Nov. 2009 -- GC for 2 yrs received

Jan. 2010 -- DL issued

May. 2011 --- graduated for my bachelor degree

Sept. 1, 2011 --- Driver License Renewed ( till 2017)

NO removal condition

Citizenship

Oct. 2011-------- Filed N400

Jan. 2012 ------ Biometrics and Interviewed at same time

Jan. 17 2012 ---- Sworn In

Filed: R-1 Visa Country: Saint Lucia
Timeline
Posted
i don't want to sound like i'm discouraging you, BUT nurses here cannot work in the US without at least 2 years experience... as far as i know.

this is also why hospitals here are exploiting RNs by making them pay the hospitals as interns for two years or sometimes they pay them little allowance.

Maybe it is in some states different but over here this is not true what you say. My wife is a RN and she was able to work straight after uni. Also, I cannot say that she is getting exploited when I look at her salary lol

O.o hmmmm maybe ur wife have a backgorund in states-.- or she got a job in pinas (RN already) bfore she comes in states..... coz im nursing too and my mom in law want me to take an exam in states for RN-.-

USAR

Oct.8 2009 - arrived in USA (CR1 visa)

Nov. 2009 -- GC for 2 yrs received

Jan. 2010 -- DL issued

May. 2011 --- graduated for my bachelor degree

Sept. 1, 2011 --- Driver License Renewed ( till 2017)

NO removal condition

Citizenship

Oct. 2011-------- Filed N400

Jan. 2012 ------ Biometrics and Interviewed at same time

Jan. 17 2012 ---- Sworn In

Filed: R-1 Visa Country: Saint Lucia
Timeline
Posted
Her Dad was just stationed there in the army, and he met her mom and fell in love and decided to stay there after he retired from the service and I really don't think he had any family here in the USA or he did not get along with them, She does not know anything about them, He is her Biological Dad, and she doesn't have any brother or sisters. I will ask her more about her dad, when I talk to her tomorrow.

He died and he never done anything to get her citizenship, he was married to her mom for 31 years he died 2 years ago and she is going to be 27

Thanks Steve

u still didnt met her right? but the way u tell the story looks u know her very much. anyways u cant take her in states untill u didnt see her in pinas coz counsilor gonna ask her about y u gonna take her in states but u still didnt meet her yet -.-?

USAR

Oct.8 2009 - arrived in USA (CR1 visa)

Nov. 2009 -- GC for 2 yrs received

Jan. 2010 -- DL issued

May. 2011 --- graduated for my bachelor degree

Sept. 1, 2011 --- Driver License Renewed ( till 2017)

NO removal condition

Citizenship

Oct. 2011-------- Filed N400

Jan. 2012 ------ Biometrics and Interviewed at same time

Jan. 17 2012 ---- Sworn In

Filed: AOS (apr) Country: Zambia
Timeline
Posted

Go meet her. Check her birth certificate, talk with her mom...get to know all you can. Then decide the best way for you to be together.

Her dad was an American soldier. Upon retiring, since he was part Filipino, it made sense to stay in the Phils where his military pension provided a very good living. That's easy to understand.

The embassy can give advice on how to get her citizenship status, if she is eligible.

Bottom line, she's great on chat, cam, and phone and so are you. That's not enough to make a marriage, though.

Posted
Her Dad was just stationed there in the army, and he met her mom and fell in love and decided to stay there after he retired from the service and I really don't think he had any family here in the USA or he did not get along with them, She does not know anything about them, He is her Biological Dad, and she doesn't have any brother or sisters. I will ask her more about her dad, when I talk to her tomorrow.

He died and he never done anything to get her citizenship, he was married to her mom for 31 years he died 2 years ago and she is going to be 27

Thanks Steve

u still didnt met her right? but the way u tell the story looks u know her very much. anyways u cant take her in states untill u didnt see her in pinas coz counsilor gonna ask her about y u gonna take her in states but u still didnt meet her yet -.-?

@@@ Osidia, what she is trying to say is that you need meet your fiancee at least ONCE in the 2 years time or when you file for her K1.

I never met my wife in person until I married her, we have been talking for ALMOST A YEAR LONG DISTANCES AND CHAT, THEN decided to get married after I spent my time w her for 30 days. I NEVER HAVE REGRETS MARRYING HER the only regrets I have is that waiting time for VISA for her to be here. Soon I hope, soon. I offered her money for expences when we were dating but she never took cents from me because she works. So i SUPRISED her with a;lot of stuff. After I married her she will ask me if she can buy gorcery or personal stuff. I told her, your my wife, use the money for your NEEDS and we will talk what you WANTS.... she just want to be with ME! Here or in the US as long as I am with her. She quits her job for me because I told her. :wow:

Honey Bun and Sweet Bun Forevermore

Posted (edited)

Your fiancee may qualify for a "Derivative Claim to Citizenship" based on her biological father's US citizenship. Below is an excerpt from the US embassy website about derivative claims but I encourage you to read the link in its entirety.

http://manila.usembassy.gov/wwwha003.html

Derivative Claim to Citizenship

(for first-time claims to US citizenship by those over 18 years old)

Before proceeding with the application process, PLEASE CONSULT THE TRANSMISSION REQUIREMENTS below to ascertain whether your U.S. citizen parent(s) had the physical presence in the United States required by U.S. citizenship law in effect at the time to transmit their U.S. citizenship to you at birth.

TRANSMISSION REQUIREMENTS

For applicants born:

Before January 13, 1941: U.S. citizen parent's physical presence in the U.S. anytime before the applicant's birth.

Between January 13, 1941 and July 3, 1946: U.S. citizen parent's physical presence in the U.S. or its outlying possession any time before the applicant's birth.

Between July 4, 1946 and December 23, 1952: U.S. citizen parent's cumulative physical presence in the U.S. or its outlying possession for ten years, five after the citizen parent's 16th birthday and before the applicant's birth.

Between December 24, 1952 and November 14, 1986: U.S. citizen parent's cumulative physical presence in the U.S. or its outlying possessions for ten years, five after the citizen parent's 14th birthday and before the applicant's birth.

On or after November 14, 1986: U.S. citizen parent's cumulative physical presence in the U.S. or its outlying possessions for five years, two after the citizen parent's 14th birthday and before the applicant's birth.

Out of wedlock to U.S. citizen mother: U.S. citizen mother's continuous physical presence in the U.S. or its outlying possession for one year before the applicant's birth.

Children born out of wed-lock to a U.S. citizen father must be legally legitimated.

The derivative claim to U.S. citizenship of an applicant depends on the existence of a legal and blood relationship between the applicant and the U.S. citizen parent(s). Therefore, adopted children do not acquire citizenship automatically upon adoption. However, they may be eligible for citizenship through naturalization pursuant to a lawful admission for permanent residence. Please see our Adoption page or the Department of State's Child Citizenship Act of 2000 for further information.

Edited by Pinay Wife
Posted

Hi Everyone, I have been reading this whole post, and all though, I myself am new to this area, there are a few things that I do know. I married my wife in the Philippines. Once I finished my time in Iraq, I returned home to the US, and started this paperwork nightmare....hahaha. THis is just my personal opinion though.

Steve, if you file any paperwork now without having met in person, you stand the chance of USCIS deeming your relationship a "Sham" or "marriage of convenience" for green card perposes and spending ALOT of time trying to prove a valid relationship. When Immgration is concerned, everyone is guilty until proven innocent. There are sooo many "Sham" marriages that they have to be like this.

When you file your paperwork, for either the K-1 or K-3 Visa, you will want to have alot of e-mails, Phone records, pictures of the two of you together, and so forth. This gives evidence of a valid relationship. It's always better to have too much than too little. As for meeting, I would advice that you go there. Not only is it cheaper for hotels, but you will have hotel receipts of your visit to show and prove that you have met in person.

As for citizenship, if her father was a US Citizen, and was listed as the father on her birth certificate, she "Can" be offered citizenship. At least this is my understanding. I would talk to an immigration atty. during their free consoltations, and see what they say.

Good luck with all of this. It's a long drawn out process and can at times make you want to pull out the rest of our hair. I am now bald. But the end justifys the means. God bless. :innocent:

If at first you don't succeed, try using a much larger hammer.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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