visitor visa

[benjlenbar 0]

hi im first time viwer to this site. I have been looking to try for fiance visa but i currently dont meet some of the earning requirements, and some others am a lil miss informed about. I was planning for fiance visa but have changed my thinking to spouse visa k-3? I am curious if i get married here when do i after recieving marriage license send in my petition for spousal visa? if my wife is staying here for her full visa time, am i to wait until she is back home? I read somewhere that even being married here I should send for fiance visa, am confused since i would be married. a friend of mine married here and got extention for his wife she ended up staying for 6 months while papers were being signed even though legal status was in austrailia. In his case though he was moving to australia. Also i find that i will need much information with petitioning for fiance? as with spouse i will need to send much less. anyways will be glad to have someone set me on the right track....thank you!

[payxibka 10,048]

hi im first time viwer to this site. I have been looking to try for fiance visa but i currently dont meet some of the earning requirements, and some others am a lil miss informed about. I was planning for fiance visa but have changed my thinking to spouse visa k-3? I am curious if i get married here when do i after recieving marriage license send in my petition for spousal visa? if my wife is staying here for her full visa time, am i to wait until she is back home? I read somewhere that even being married here I should send for fiance visa, am confused since i would be married. a friend of mine married here and got extention for his wife she ended up staying for 6 months while papers were being signed even though legal status was in austrailia. In his case though he was moving to australia. Also i find that i will need much information with petitioning for fiance? as with spouse i will need to send much less. anyways will be glad to have someone set me on the right track....thank you!

We may need a little more info.

1) Any "K" visa will require a trip home as the interview is performed at the foreign consulate

2) If you get married the fiancee' visa is no longer an option because she iwill be your spouse (that is why it is called a fiancee' visa).

3) What visa is your fiancee currently on? Depending on her status you may be able to marry here and adjust without her leaving.

[YuAndDan 153]

Also you say earning requirement problem? explain. Can you get a co-sponsor?

The income requirement is fairly low.

[benjlenbar 0]

well she is going to come and visit on a visitor visa in the near future. I am curious how long i would have to wait after marriage to send in the petition or spousal visa or if something was to be waived again am not sure. I would also add that we have been talking for some 2 years now, and we are both single naver been married so am glad to not need filling out the extra paperwork..lol anyways thank for your continued guidance. about co-sponser not sure about what information would be needed or who i would ask, they have to be family? my current job has only been for 4 months now so yeah it has been limited as i would need to show return or an annual amount.

[YuAndDan 153]

Be Warned

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

http://www.visajourney.com/forums/index.ph...page=i130guide2

If they suspect misuse of a visitors visa with immigration intent, they can reject the case as visa fraud.

[JaJo 1]

If she gets a tourist visa and goes to the US with the intent of getting married, isn't that visa fraud?

From my understanding any kind of K visa requires proof of earnings and/or assets. So if you don't meet the requirements, you should look for a co-sponsor.

A good browse through VJ might help you with a lot of your questions.

Good luck on whatever path you choose

Edit: ops...Sorry YuandDan, I think we posted at the same time.

Edited November 13, 2006 by JaJo

[benjlenbar 0]

right i have read that already I understand i could be in heart ache. ok when is it advisable to send the petition since it does take time. even if being in her home country she will still be waiting for it. so while she is here can i send it off the day after marriage? even if she is staying for awhile longer for her visit? when she gets home am sure she will still be waiting the information. also under spousal visa is there also earning restrictions? aslo if recieved a student grant through last spring im worried that will play a factor. And would this keep me from recieving any further amount in loans or grants?

[benjlenbar 0]

right i have read that already I understand i could be in heart ache. ok when is it advisable to send the petition since it does take time. even if being in her home country she will still be waiting for it. so while she is here can i send it off the day after marriage? even if she is staying for awhile longer for her visit? when she gets home am sure she will still be waiting the information. also under spousal visa is there also earning restrictions? aslo if recieved a student grant through last spring im worried that will play a factor. And would this keep me from recieving any further amount in loans or grants?

my understanding is to make certified document copies of all paperwork and i would send to her home. maybe another question would be that since i heard of possible coup the government or risk would i still have to meet her first? i mean we trust each other and all after 2+ years of contact, I remember that as being a requirement but i dont want to be stuck as some where in lebanon if that makes any sense lol. which our government gave same warning about for people visiting lebanon as they are giving for the philippines. also i would lose my job and house to go and see her and then have no earnings to show for. Too much red tape!!!

[YuAndDan 153]

right i have read that already I understand i could be in heart ache. ok when is it advisable to send the petition since it does take time. even if being in her home country she will still be waiting for it. so while she is here can i send it off the day after marriage? even if she is staying for awhile longer for her visit? when she gets home am sure she will still be waiting the information. also under spousal visa is there also earning restrictions? aslo if recieved a student grant through last spring im worried that will play a factor. And would this keep me from recieving any further amount in loans or grants?

Good thinking, yes you can file for either K-3 or CR-1 visa while she is visiting, she just has to avoid overstaying the visitors visa and return home to wait for the visa process, is all.

You are doing it the right thing.

Good luck!

[JaJo 1]

First, you have to understand how serious visa fraud is. If she gets a ban it might mean YEARS before she can go to the US. Yes, spousal visas take some time, but seldom more than some months. Are you willing to risk trading some months for 3, 5 or 10 years a ban can impose?

The affidavit of support is a way for you to state that your fiancé won't become a burden to the state, and is required for K visas (be it a fiancé(e) or wife(husband)). I don't think it will affect any student loans or grants, but I also think you cannot use those as proof of income. Remember you have to prove to the government you'll be able to provide for her.

Another thing, you are not going to send the paperwork to the Philipines. You're going to send it to an american service center.

[benjlenbar 0]

sweet! well that is one question answered out of many, so it seems. Now what about the requirements of earnings. I make minimum wage and still a student. she does have a bachelors in computer science would that show up anything positive for entry? mainly my question now is with requirements. Well before you go calling me fraudulent I must remind you, thats why im asking questions so i dont over look something or get miss informed and find that what was done is actually found to be fraudulent. Asumption never got anyone anywhere only knowledge and wisdom...so i find myself here...lol. about the paperwork I understand to send it here but read somewhere i have to send her certified copies for her to show at her interview in her country. also if what i typed before would cause for a ban then i would not do it that is the very fact why im asking these questions so now i have to ask someone again Is the previous post ok? or do i ask again if i have to wait until she gets back home before sending petition?

[YuAndDan 153]

sweet! well that is one question answered out of many, so it seems. Now what about the requirements of earnings. I make minimum wage and still a student. she does have a bachelors in computer science would that show up anything positive for entry? mainly my question now is with requirements. Well before you go calling me fraudulent I must remind you, thats why im asking questions so i dont over look something or get miss informed and find that what was done is actually found to be fraudulent. Asumption never got anyone anywhere only knowledge and wisdom...so i find myself here...lol. about the paperwork I understand to send it here but read somewhere i have to send her certified copies for her to show at her interview in her country. also if what i typed before would cause for a ban then i would not do it that is the very fact why im asking these questions so now i have to ask someone again Is the previous post ok? or do i ask again if i have to wait until she gets back home before sending petition?

Her degree won't make much difference with regard to the entry requirements. What you need to do is be able to meet the 125% poverty line requirement which for 2 is 16,500 per year. Several ways to get there, add liquid assets, which is worth only 1/3 of income, so $3 in assets is worth $1 in income. Or get a co-sponsor willing to make the difference between your income and the 125% poverty line. Your fiance's potential income is not factored in to this equation.

http://www.visajourney.com/forums/index.ph...mp;page=support

The only things needing to be certified is perhaps a marriage certificate and birth certificate.

One other thing that is not being considered, is that it is very hard for someone from the Philippines to get a tourist or visitor's visa to the USA, they need to show very strong ties home, and reason to return home, unfortunately the Philippines is a source of a lot of visa fraud, the vast majority of spousal / fiance(e) cases tend to either be K-1 where US Citizen goes to visit the fiance and applies for the visa when returns to the states, or cases where the US Citizen goes to the Philippians and marries there, and then petitions for K-3 or CR-1 visa when returns back home.

[benjlenbar 0]

Her degree won't make much difference with regard to the entry requirements. What you need to do is be able to meet the 125% poverty line requirement which for 2 is 16,500 per year. Several ways to get there, add liquid assets, which is worth only 1/3 of income, so $3 in assets is worth $1 in income. Or get a co-sponsor willing to make the difference between your income and the 125% poverty line. Your fiance's potential income is not factored in to this equation.

The only things needing to be certified is perhaps a marriage certificate and birth certificate.

One other thing that is not being considered, is that it is very hard for someone from the Philippines to get a tourist or visitor's visa to the USA, they need to show very strong ties home, and reason to return home, unfortunately the Philippines is a source of a lot of visa fraud, the vast majority of spousal / fiance(e) cases tend to either be K-1 where US Citizen goes to visit the fiance and applies for the visa when returns to the states, or cases where the US Citizen goes to the Philippians and marries there, and then petitions for K-3 or CR-1 visa when returns back home.

Ok well i feel I need to explain my situation and ask for the best suggestion lol. my last good job I made 27,000 and things were fine until I had a near death situation at work. anyways long story short my sweetheart of 3 years left me because of my anxiety, and I moved back with parents since father was having health problems. So my current situation is that I live with my parents which helps me with my college having low rent. is living with my parents a problem with requirements? since there are 3 living here I have different address and pay rent for the room but maybe im confused on something. Your information has been very useful and i look forward talking more with you. anyways with that I can add the monetary value of my car? or any car that i own a title on? since i do also have a restoration project needing only paint...lol. anyways I own the title so it can also be added to as an asset? also if you have some time I would like to hear your story and maybe how to send a few packages having recieved one but am not sure how to send and not lose my package...thanks for all the help!!!

[meauxna 15]

Does she alaready HAVE a tourist visa?

[Rob and Melinda 0]

It is almost impossible for a Philipina to get a tourist visa to the USA unless she owns property or is very wealthy. Even if you get the visa the point of entry in the US will most likely send you back toi the Philippines to wait for your K-1 or K-3 visa. I know becasue my wife tried to apply for a tourist visa while we were waiting for a K-3 visa.

Rob and Melinda