Immigrant Visa for Spouse

[luna_sky 0]

So, I guess my about me says it all.. but anyway, yeah.. me and my husband are both 30 yrs old with 2 amazing boys who are dual citizens and hold passports for both countries (US and Phil). We applied for their CRBA at the Embassy here. We've been married for 1 1/2 year and together for 3 years and counting.My husband is an American expatriate who basically lives and works here but still employed by an American company. Well he was sent here by their office4 in the US to manage a department in their office in Manila. So we are all here in the pHilippines now. We have decided to start the process for the application of visa so we can all go and see his family there. We are just really clueless on what to do, like whats the first step?? and what do we need. He pays his taxes in the US cuz his salary comes from there. I'd appreciate any info... thanks

Edited March 15, 2013 by luna_sky

[Penguin_ie 5,996]

You say he works in Manila and you only want to go see his family in the USA, but your topic title mentions an immigrant visa- so are you looking to spend a vacation in the USA or go to life there as a family?

If the latter, follow this guide: http://www.visajourney.com/content/i130guide1

[ndu26 114]

As Penguin mentionioed, you did not state clearly if he plan to move permanently to the USA. if you guys just want to visit then the obvious route is for you to seek a Visitor's visa.

[luna_sky 0]

Well the thing is, we read this ...."under section 214(b) of the US immigration law, the consular officers will still assume that your wife is an intending immigrant no matter how your wife demonstrates her personal ties to the Philippines. Tourist visa by definition and context may be the appropriate visa for your wife’s travel purpose, but under the law, the fact that she’s married to an American citizen gives the consul a circumstantial or “in so facto” thought that she will settle there with you."

That's why we believe that the tourist visa is not an option... the suggestion was either a k3 or that ir-1

[Penguin_ie 5,996]

So you applied for a tourist visa and were denied?

If so yes, one (expensive and time consuming) option is to get an IR-1 (forget the K3, it is obsolete), go to the US, then when you are back in Phils officially "give back" your greencard at the embassy and try for another toruist visa- most people get approved then. Keep in mind you are looking at a one year process and several thousand dollars....

[The Mean Lady 604]

Well the thing is, we read this ...."under section 214(b) of the US immigration law, the consular officers will still assume that your wife is an intending immigrant no matter how your wife demonstrates her personal ties to the Philippines. Tourist visa by definition and context may be the appropriate visa for your wife’s travel purpose, but under the law, the fact that she’s married to an American citizen gives the consul a circumstantial or “in so facto” thought that she will settle there with you."

That's why we believe that the tourist visa is not an option... the suggestion was either a k3 or that ir-1

The CR1/IR1 visa is not for tourism.

I've read it's difficult to get tourist visas from the phillipines, so honestly I can't speculate too much on that, but you're welcome to try, I do know that.

As far as getting into the US, your husband being tied to manilla is pretty good evidence that you're not intending to immigrate.

[biaobiao 40]

if you do not plant to migrate you can file for tourist visa, your husband works here and just have evidence showing that you have your life here and intend to go back.

if you plan to go to us for good.. file DCF.

[luna_sky 0]

What is dcf?

Yeah, I've heard a lot about tourist visa denials.. so I dunno, I guess we'll just have to try... we don't have thick bank account or properties as we are just starting to do that but his company is taking care of us here, they pay for housing and bills basically. He loves his job and he just recently got approved of a permanent resident status here in the Philippines, I went to the immigration with him during the interview. He just wants me to meet his family and for the kids as well as me and the kids have never met his mom and his brother, they wanna meet us its just hard for his brother to travel since he has a wife and 2 kids then his mother has never traveled or been in a plane all her life plus he wants me to see where he grew up.

[The Mean Lady 604]

What is dcf?

Yeah, I've heard a lot about tourist visa denials.. so I dunno, I guess we'll just have to try... we don't have thick bank account or properties as we are just starting to do that but his company is taking care of us here, they pay for housing and bills basically. He loves his job and he just recently got approved of a permanent resident status here in the Philippines, I went to the immigration with him during the interview. He just wants me to meet his family and for the kids as well as me and the kids have never met his mom and his brother, they wanna meet us its just hard for his brother to travel since he has a wife and 2 kids then his mother has never traveled or been in a plane all her life plus he wants me to see where he grew up.

direct consular filing.

It's when you file at the consulate in the phillipines.

[luna_sky 0]

Oh OK.. thanks...

[Darnell 8,479]

you might have some inroads with a tourist visa if you are able to show, at the interview, the USCitizen's permanent residence status, job in the PI. See, HE needs to return, so is a good idea to come back with his wife.

[Teague 6]

File DCF... Because if you file in the states will take longer.. thats what the mistake we did, now I am waiting for 1 year for the approval of my i-130 petition... Go to the DCF thread. I suggest read read and read all infos about DCF.. good luck in your journey kababayan!

[luna_sky 0]

thank you so much for all the replies...i was just talking to my husband about it, and we are thinking of applying for a tourist visa then if it doesnt work out for me then we'll do the dcf. I just hope it won't be too stressful

[The Mean Lady 604]

thank you so much for all the replies...i was just talking to my husband about it, and we are thinking of applying for a tourist visa then if it doesnt work out for me then we'll do the dcf. I just hope it won't be too stressful

you still have to understand filing for a cr1/ir1 visa dcf is for intending to live in the us

[Ryan H 3,821]

Moved from Progress Reports to Process & Procedures.