filed for wife from Philippines (split topic and another merged)

[JeffreyAF 2]

I applied for my Filipino wife's I-130 in May 2024, the USCIS site indicates today that it will take 10 months estimated time for processing.

I received an official receipt notice for the I-129F on August 21, 2024.

In my case, I have been living abroad in the Philippines since 2018, married in the Philippines in 2018 and I have not left the country yet.

 

I was anticipating a family vacation to the US in 2025 so my wife has a B-2 Visa. We have 2 children with US passports.

In a perfect scenario, I would accept a US based position with my current company (I've worked at for 15 years) and move to the US in May 2025.

I was upset to see the decline in the approvals of Non-Immigrant Visa's as I thought this would be a sure path to my hopeful timeline to relocate my family to the US in May 2025.

I'll provide an update as I go through the process.  This site was helpful to understand expectations, so I hope that my feedback will helpful to someone.

Take care, Jeff.

[Ryan H 3,812]

~~Post split from unrelated thread~~

[Daphne . 1,888]

Yes, tourist visas are not immigrant visas, so your plan to relocate them on a tourist visa wasn’t going to work anyway. 

[OldUser 6,860]

4 hours ago, JeffreyFlaig said:

I was upset to see the decline in the approvals of Non-Immigrant Visa's as I thought this would be a sure path to my hopeful timeline to relocate my family to the US in May 2025.

This path is called immigration fraud. Nonimmigrant visas are not for relocating.

[Boiler 45,657]

You wife has a B2 or does not?

[Willie_Overall 26]

23 hours ago, JeffreyFlaig said:

I applied for my Filipino wife's I-130 in May 2024, the USCIS site indicates today that it will take 10 months estimated time for processing.

I received an official receipt notice for the I-129F on August 21, 2024.

In my case, I have been living abroad in the Philippines since 2018, married in the Philippines in 2018 and I have not left the country yet.

 

I was anticipating a family vacation to the US in 2025 so my wife has a B-2 Visa. We have 2 children with US passports.

In a perfect scenario, I would accept a US based position with my current company (I've worked at for 15 years) and move to the US in May 2025.

I was upset to see the decline in the approvals of Non-Immigrant Visa's as I thought this would be a sure path to my hopeful timeline to relocate my family to the US in May 2025.

I'll provide an update as I go through the process.  This site was helpful to understand expectations, so I hope that my feedback will helpful to someone.

Take care, Jeff.

 

Not to rain on your parade, but even the USCIS portion will take quite a bit longer than 10 months. Right now, for July 2023 filers, the wait is about 14 months. May 2023 filers waited about 12 months. January 2023 filers waited about 11 months. So you can see the trend here and the speed at which that trend is progressing. You'll be lucky to be approved at just the USCIS level in 2025 at this rate. The Philippines embassy is also a disaster. Wait times for an interview are about a year and this has also been getting worse. I'd say you're looking at 2027 (at the earliest) before your wife can legally immigrate to the US.

 

In terms of the tourist visa, your statements are conflicting. So I can't tell if your wife has one already. If she doesn't, it's unlikely that she'll be approved for one with a pending spousal visa. If she does have one, just have her come visit, stay for a few months, then go back home. Rinse and repeat until her spousal visa is approved. Not much else you can do.

Edited August 25 by Willie_Overall

[JeffreyAF 2]

6 hours ago, Willie_Overall said:

 

Not to rain on your parade, but even the USCIS portion will take quite a bit longer than 10 months. Right now, for July 2023 filers, the wait is about 14 months. May 2023 filers waited about 12 months. January 2023 filers waited about 11 months. So you can see the trend here and the speed at which that trend is progressing. You'll be lucky to be approved at just the USCIS level in 2025 at this rate. The Philippines embassy is also a disaster. Wait times for an interview are about a year and this has also been getting worse. I'd say you're looking at 2027 (at the earliest) before your wife can legally immigrate to the US.

 

In terms of the tourist visa, your statements are conflicting. So I can't tell if your wife has one already. If she doesn't, it's unlikely that she'll be approved for one with a pending spousal visa. If she does have one, just have her come visit, stay for a few months, then go back home. Rinse and repeat until her spousal visa is approved. Not much else you can do.

Thanks for the reply, I can take the bad news, it will help in making a decision on staying in the Philippines in my current position vs. accepting a new position in the US in 2025. For clarity, my wife does have a US B-2 Visa. 

My I-130 application was received in May 2024, so I am expecting the USCIS portion to take about 12 months (May 2025). 

I didn't realize that the Philippine Embassy was in such bad shape that it would take 1 year for an interview.  

 

We've been married 6 years and have 2 children, we decided that any decisions we make will always have our family together 100% of the time.  We could manage apart for a short time but we don't want to risk any unforeseen events that would keep us apart for an extended period.  

I've been working in the Philippines with a 13(a) Visa\permanent resident status since 2018.  Thankfully I have a US based wage or we would have applied a years ago for her US IR1 Visa.

Any more comments are appreciated to help set expectations on the process time.


 

[JeffreyAF 2]

Hello everyone,

My apologies ahead of time if my post is a bit all over the place, I am trying to learn as I go here.

I am seeking advice regarding my wife’s immigration process from the Philippines to the US. Here are the details of our situation:

• My wife currently holds a B-2 Visa.
• Pending I-130 and I-129f petition in process.
• Children, ages 1 and 5, have US passports.
• I have been living in the Philippines since 2018, married in 2018, I haven't left the Philippines since I entered.
• I plan to accept a new position with my current company in the US in 2025.
• I intend to relocate myself and our children to the US in 2025 with no return flight.
• My wife will visit the US shortly after we settle with the intent to return to the Philippines within 6 months. Return flight would be booked for < 6 months after arrival.

I have a few questions and would greatly appreciate any advice or experiences you could share:

1. Duration of Stay on B-2 Visa: If my wife visits the US on her B-2 Visa, with the intention of returning in 6 months, what are the concerns and potential complications if we need to apply for an extension after the initial six months?
2. Extension of Stay with Pending I-130: Are there potential complications if we apply for an extension of stay on her B-2 visa while the I-130 petition is pending? What evidence would we need to provide to demonstrate nonimmigrant intent?  My wife will be living with her relatives in the Philippines.  She is a homemaker and does not have employment nor will she seek employment in the Philippines or the US.
3. NOA2 for I-130 while in the US:  What if my wife is visiting and the NOA2 is received\approved for interview? Will there be any additional red flags if she applies for travel extension while waiting for the interview?
4. Change of Status (AOS😞 We know that my wife can apply for AOS while she is in the US on her B-2 Visa. I've read that if an AOS is filed, it should be done after 90 days of entry. Are there any concerns with the timing of the filing of the AOS after arrival to the US? What should we expect during the AOS process? What are the potential risks and complications, especially concerning the intent of her entry on a B-2 visa?  Would it be better to not file AOS and have her exist the US before the initial 6 months and then return at a later date for another 6 months duration? 
5. Consular Processing: If an AOS is filed, will this negate the need for consular processing and an interview at the US Embassy?
6. Form I-131: If we do file an AOS, my wife may need to travel back to the Philippines while the AOS is processing, I don't know the timeline for AOS.  It's my understanding that she should file Form I-131, Application for Travel Document while her AOS is pending.
7. Family Unity: My goal is to keep our family together as much as possible in the US until my wife's I-130\AOS is approved. What are the best strategies to achieve this, considering both AOS and avoiding consular processing?

Any advice or insights you can provide will be immensely helpful as we start making decisions.
 

Thank you in advance for your assistance!

Edited August 26 by JeffreyAF
I read more abut the I-131F, my wife isn't eligable.

[Ontarkie 14,275]

~~Hijack post split off and merged to an existing thread. Please do not post questions about your own case in other member's threads. It can go un-noticed or disrupt the original thread.~~

Edited August 27 by Ontarkie

[Ontarkie 14,275]

On 8/25/2024 at 11:28 PM, JeffreyAF said:

Hello everyone,

My apologies ahead of time if my post is a bit all over the place, I am trying to learn as I go here.

I am seeking advice regarding my wife’s immigration process from the Philippines to the US. Here are the details of our situation:

• My wife currently holds a B-2 Visa.
• Pending I-130 and I-129f petition in process.
• Children, ages 1 and 5, have US passports.
• I have been living in the Philippines since 2018, married in 2018, I haven't left the Philippines since I entered.
• I plan to accept a new position with my current company in the US in 2025.
• I intend to relocate myself and our children to the US in 2025 with no return flight.
• My wife will visit the US shortly after we settle with the intent to return to the Philippines within 6 months. Return flight would be booked for < 6 months after arrival.

I have a few questions and would greatly appreciate any advice or experiences you could share:

1. Duration of Stay on B-2 Visa: If my wife visits the US on her B-2 Visa, with the intention of returning in 6 months, what are the concerns and potential complications if we need to apply for an extension after the initial six months?
2. Extension of Stay with Pending I-130: Are there potential complications if we apply for an extension of stay on her B-2 visa while the I-130 petition is pending? What evidence would we need to provide to demonstrate nonimmigrant intent?  My wife will be living with her relatives in the Philippines.  She is a homemaker and does not have employment nor will she seek employment in the Philippines or the US.
3. NOA2 for I-130 while in the US:  What if my wife is visiting and the NOA2 is received\approved for interview? Will there be any additional red flags if she applies for travel extension while waiting for the interview?
4. Change of Status (AOS😞 We know that my wife can apply for AOS while she is in the US on her B-2 Visa. I've read that if an AOS is filed, it should be done after 90 days of entry. Are there any concerns with the timing of the filing of the AOS after arrival to the US? What should we expect during the AOS process? What are the potential risks and complications, especially concerning the intent of her entry on a B-2 visa?  Would it be better to not file AOS and have her exist the US before the initial 6 months and then return at a later date for another 6 months duration? 
5. Consular Processing: If an AOS is filed, will this negate the need for consular processing and an interview at the US Embassy?
6. Form I-131: If we do file an AOS, my wife may need to travel back to the Philippines while the AOS is processing, I don't know the timeline for AOS.  It's my understanding that she should file Form I-131, Application for Travel Document while her AOS is pending.
7. Family Unity: My goal is to keep our family together as much as possible in the US until my wife's I-130\AOS is approved. What are the best strategies to achieve this, considering both AOS and avoiding consular processing?

Any advice or insights you can provide will be immensely helpful as we start making decisions.
 

Thank you in advance for your assistance!

You cannot do AOS. It does not apply to your wife. Entering the US with intent to adjust is fraud. Do not risk her showing up at the border and getting her visa canceled because she gets caught. 

[JeffreyAF 2]

2 hours ago, Ontarkie said:

You cannot do AOS. It does not apply to your wife. Entering the US with intent to adjust is fraud. Do not risk her showing up at the border and getting her visa canceled because she gets caught. 

Thank you Ontarkie, the intent is not to enter and apply for AOS.  I'm just asking if my wife, while visiting on B-2, decides for some reason, maybe due to a family emergency or my health is failing or other legitimate reasons to remain in the US, can she file an AOS.

[Ontarkie 14,275]

1 hour ago, JeffreyAF said:

Thank you Ontarkie, the intent is not to enter and apply for AOS.  I'm just asking if my wife, while visiting on B-2, decides for some reason, maybe due to a family emergency or my health is failing or other legitimate reasons to remain in the US, can she file an AOS.

If things honestly and truly do change it is an option. But can reset things to an even longer wait.

[SalishSea 17,921]

2 hours ago, JeffreyAF said:

I'm just asking if my wife, while visiting on B-2, decides for some reason, maybe due to a family emergency or my health is failing or other legitimate reasons to remain in the US, can she file an AOS.

Think about it.  No one goes on a "vacation" and then can simply uproot their lives and not come home.

 

Unlike many Filipinos, she was given the privilege of a B-2.  She has clear immigrant intent.  Don't defraud the United States simply because you are disappointed that you have to wait in the queue like everyone else.