USC filing for spouse visa while living abroad

[Chris A. 1]

Hello everyone! Its my first time to post here. Hope you can help clarify some things for me (USC) and my fiance (Philippine citizen)!

1. We are considering having her come to the US on her B1/B2 multiple entry visa to get married in City Hall. This will allow us to get married, have our honeymoon, and then she will return to the Philippines as I process her spouse visa in the US. I've read that this is perfectly legal.

- What are your thoughts on this? Should she declare this at POE, making sure she has all her paperwork to show strong ties to send her back to the Philippines? [property, work status, car registration, etc]. We are uncomfortable with the thought of lying to an officer at her POE. Besides, she is a terrible liar! LOL

2. Since I dont want to be apart from her, our thought is for me to relocate to the Philippines in the meantime after I send in all the paperwork to get her petition started. Couldn't find any information that states I need to be in the US while this is being processed. In the meantime, I plan to finish school and do freelance work (if possible) in the Philippines. Once her spouse visa comes in, she can relocate with me. The idea is to give her that extra bit of time to tie up loose ends, but allow us to be together faster.

- Is this possible? Do you think it is wise? Why/why not?

- Can I start her paperwork for spouse visa even while she is still in the US with me? (We will process it as soon as we are married, for instance.)

She has several obligations that don't allow her to migrate to the US just yet, and we are tired of being apart so we thought this might be a good option for us, completely legal (it seems) but not very common, apparently. The other option we are considering is the K1 visa, but I'm sure you understand that we want to be together ASAP.

Thank you for your advice and wisdom! We appreciate it!

[Penguin_ie 5,994]

1. Perfectly legal. Never lie to immigration, but also do not volunteer information- no need to say she will get married unless asked specific questions.

2. You do not need to be in the USA at all, just have a reliable mailing address in the Philippines, or someone in the USA who can forward mail and yes, you can start the paperwork while still in the USA. The only concern with you being abroad is the affadavit of support (are you sure you will make enough as a freelancer? If not, you will need a co-sponsor), and of course from the Philippines side, you may need a visa to stay there long term- check in our Philippines forum for details, we have several US members who live there.

Does she have a tourist visa yet? If not, while it is not impossible, it tends to be difficult for a young, single Philipina to get one.

[ppihtr123 68]

B2 is tough in Philippines without very strong ties. Very low success rate for single females.

As for your questions:

1. that works if approved for B2 as long as she returns within the B2 period. She is likely to be denied but I don't know her specifics. As for POE, I wouldn't even worry about that until she has a B2. The variant to number 1 is you go there and marry there.

2. Plan seems fine BUT you will need to maintain a US residence (or intent) and may need a co sponsor for the financials as you won't be working in the US.

As for K1 vs. CR1, that is your choice. CR1 is the better in MHO.

[Caryh 5,206]

Sounds to me like she already has her B2 visa. Yes this is legal. If you marry in the USA and return together, you can take advantage of the Balikbayan visa privilege being married to a Filipino citizen. No applying, no fee, just state you want it on entry with her into the Philippines. This gives you a one year visa. Heck some people get it and don't even ask for it when they enter the country with their spouse. As others have mentioned, the affidavit of support is you only issue. You need to prove the ability to support her by have income at least 125% of poverty level.

[Chris A. 1]

Wow, thank you so much! That was really helpful everyone! We appreciate you all!

Yes, she already has her B2 visa, she has been a frequent US traveler and even studied there for some time so she is sort of familiar with US immigration, having gotten her student (F1) on her own, and maintaining her B2 visa since she was 10 years old.

I hope you all don't mind if I ask about the affidavit of support... what exactly is the amount of money they need me to show (125% above poverty level - what does that salary look like?). Does that mean if I do not meet minimum requirement we could be denied of a spouse visa? Apologies if this may be a stupid question!

Are there requirements for a co-sponsor? (For instance, do they need to be family or can it be anyone willing to be our co-sponsor?) Will they have to pay for anything or incur any fines/fees?

Also, Caryh thank you for the tip on Balikbayan visa. Will look into that definitely!!

Penguin_ie, yes we do plan to come back and have family who can forward any postage to the Philippines. When you say "maintain a US residence" does it mean I need to show I have real estate with my name on it? (whether an apartment lease or actual ownership) Or does it mean I can use my family's address as my official US address while I am away?

ppihtr123, thank you for your insight and vote for us to do CR1. Still trying to understand both types of visas better.

Thank you again everyone! We are so blessed to have discovered VisaJourney and are able to learn from all of you!!!

[Penguin_ie 5,994]

How much salary you need to make depends on your household- ie is it ust the two of you or do you have kids (even if they do not live with you), elderly parents that are dependant on you etc. As you can see here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD for two people it'[s just under $20'000. Yes, you nwill be denied ifn you are under, and have no assets to make up for it or co-sponsor.

Co-sponsor can be any greencard holder or US citizen living in the USA that makes enough for their household plus the immigrant. They need not be family, or live in the same state, or anything. They do not have to pay any fees or fines unless the immigrant takes means tested government benefits, but their obligation is potentially life long (it ends when the immigrant becomes a US citizen, leaves the US permanently, dies, or has worked ten years full time- but NOT if you divorce).

Your family address is fine.

[Caryh 5,206]

On the subject of co-sponsors, the embassy is not required to accept a co-sponsor if you're going the K-1 route, and the Manila embassy has a mixed reputation on accepting co-sponsors for the K-1. They are required to accept a co-sponsor on the CR-1/IR-1 visa. So if you may need a co-sponsor, you're better off going the CR-1 path.