US Immigration from Philippines

I saw this press release today which looks promising.

https://www.uscis.gov/newsroom/news-releases/uscis-implements-risk-based-approach-for-conditional-permanent-resident-interviews

Quote

WASHINGTON U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.

Effective immediately, new criteria will guide USCIS officers on when to waive interviews for CPRs who filed a Form I-751, Petition to Remove Conditions on Residence. This update replaces previous agency guidance that required all CPRs to undergo an interview if they obtained CPR status via consular processing.

Implementing a risk-based strategic approach to the CPR-interview process will increase efficiencies that improve processing times, allow for a better use of agency staffing resources, and help reduce the pending caseload while still maintaining procedures to identify fraud and protect national security, said USCIS Director Ur M. Jaddou. This update is consistent with agency priorities to break down barriers in the immigration system, eliminate undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.

Prior policy requiring mandatory CPR interviews did not prove to be an efficient use of USCIS staffing resources. Under this policy update, USCIS may waive the interview requirement if the agency officer determines there is sufficient evidence about the bona fides of the marriage, the joint-filing requirement is eligible for a waiver (if applicable), there is no indication of fraud or misrepresentation in supporting documents, there are no complex facts or issues to resolve, and there is no criminal history that would render the CPR removable.

A noncitizen who obtains permanent resident status based on a marriage that began less than two years before obtaining that status receives permanent resident status on a conditional basis for two years. To remove the conditions on permanent resident status, family-based CPRs generally must file a Form I-751 within the 90-day period before the two-year anniversary of when they obtained CPR status.

Visit the Policy Manual for Comment page to comment on this update.

Hi,

Filing I-130 but need clarification on if I should enter my spouse beneficiary's married name as her name on everything or maiden name?

We had performed an online marriage in Utah while together in the Philippines. The marriage certificate does not list her name as my last name, but her maiden name. We're in the process of reporting the marriage to the Philippines (San Francisco consulate), and after that is completed, she can get her Philippines passport updated to her married name as well once there is a PSA copy of the certificate, right? But, what if the I-130 gets toward the end before her passport can be updated to reflect her married name? Will this cause issues since she will have no Philippines identification with her married name, but the I-130 is all in her married name? Or is the maiden name remaining on the passport and other identification irrelevant in the I-130 process, despite it being filed with her new married name?

Hello, I am seeking advice on how to proceed. Our case was denied today with the option to request a hearing. My inexperienced interpretation of the law makes me think they should have accepted. Here is the backstory.

We applied for my wife 90 days before 3 years of her arrival. This advice is all over the internet and even on the USCIS website. At her interview, they said she needed to be in marital union for 3 years prior to applying. This came as a surprise since there were no warnings of this next to the 90 days advice. We were not overly concerned, however, because I visited her many times since being married, more than 90 days worth. I sent in evidence for 127 days of living together in the Philippines after our marriage.

Today we received a denial. They only counted the final visit. I had visited for 55 days before we flew back home together. Even at the interview, the interviewer told my wife the combined time together would be acceptable to fulfill the 90 days. We made it very clear in the evidence submitted how many days I had been there, where I stayed, when I flew, etc, so she could not have overlooked the other trips. We also made it clear that I have work and could not be there continuously, so I had to return home periodically. To give you an idea, here are my final 2 trips there which add up to more than 90 days:

2018/05/12 2018/06/22 (42 days in marital union)

2018/08/24 2018/10/18 (55 days in marital union)

We were never separated after 2018/10/18 which was her arrival date in US. So there is only around a 2 month gap when I had to return home, then we were continuous for the entirety of the 90 days. We have a bank account, house, taxes, and baby together.

I find it hard to believe a significant amount of Americans move to the foreign country for more than 90 days before immigration. How can this not be mentioned clearly when giving advice of applying 90 days early?

FYI my wife said the interviewer asked the toughest civil questions (which she got correct), then went into this 90 day business and was unfriendly the whole time. Then she took a long time to review the submitted evidence before denying today. Could it be just a bad case officer?

Was denial a correct decision? Should we do the hearing or just reapply? That's another $800, but how long would the hearing take to receive? Will I be allowed with my wife for the hearing? I am better at presenting the evidence since she is shy.

I am happy to say that my filipina fiancee passed her k1 visa interview the other day. All she has to do now is submit an updated nbi and police clearance along with her passport and she is good to go. I have read a lot about the cfo seminar for filipina fiancee going overseas and I hear it's required to leave the airport. But there are a few that claim the cfo is only needed for younger filipina women. My fiancee is 38 years old and I doubt that age matters. I don't think she can leave the Manila airport without having attended the cfo seminar. I am hoping someone will be able to provide clear direction to me about this.

My wife was naturalized on March 7. She added her middle name during her interview and got the according certificate of naturalization. She now has her U.S. passport. We are still waiting to receive the certificate of naturalization back. However, when I contacted SSA, they said they need a court-ordered name change to change her name. As far as I know, she never received one, only the certificate of naturalization with her updated name. I am unable to contact anybody (DHS or USCIS) so we are unsure of what to do.