Frank and Racquel

Its hard to believe anyone can lose to Obama, he is a total failure, ZERO leadership. He is like a tumor on the country. He even stated recently that he is learning as he goes. LOL what a disgrace to the office. A cashier at McDonalds learns as they go, not the President Of the USA, most powerful person in the world. He wasn't qualified from day 1. This country better wake up, its almost too late.

Pisses me off because every refusal costs me a vacation trip for her to Hong Kong, or Macao, or Singapore to get her over the depression.

LOL I like that.

Seems like in Manila they always give tourist visa's to people who really don't deserve them, thats been my experience.

Most people who are interested in truly visiting apply for the tourist visa a second time. There are a lot of reports on this site of "second time's the charm." I suggest she try again.

This is the best reply I just read, I was about to say the same thing. Reapply, even a third time if needed.

I'm not going to argue with you, your not a lawyer. I don't care if a person has a million ties to their country, it does not matter. Its illegal to apply for a tourist visa with the soul intent to use it to get married here.

sorry i meant SOLE not soul

I'm sorry, but that's just not true. A visa not being approved for a certain reason doesn't mean something illegal occurred. As you said, the key is intent. If a B-2 is denied because of marriage plans it is because the officer believes the person applying has INTENT TO IMMIGRATE. That INTENT is what is illegal. If they do not have intent to IMMIGRATE there is nothing illegal. The reason visas get denied in cases like that is because EVERY petitioner is assumed to be planning to immigrate unless proven otherwise and plans to get married in America to a USC do not prove strong ties to the home country nor do they prove plans NOT to immigrate.

That being said, some visas ARE granted even if the officer knows there is intent to marry and return home, assuming ties to the home country can be proven.

If you truly believe this to be illegal, you should not be advising the OP to omit the true nature of their trip when applying because VJ does NOT support condoning illegal activity.

A b-2 is for tourists to come to America. A tourist can marry in America, as a tourist, and then return home. They maintained tourist status the entire time, there is nothing illegal. I'd challenge you to point to the immigration law that states this is illegal but I'd bet dollars to donuts you will not find one.

I'm not going to argue with you, your not a lawyer. I don't care if a person has a million ties to their country, it does not matter. Its illegal to apply for a tourist visa with the soul intent to use it to get married here.

If its such a big problem to get a B2 if he tells the Embassy where he is applying at or tells the CO at the airport that he intends to travel to the USA to get married then how is it legal ? Apply for it and tell them that and see what happens? tell the CO at the airport and see what happens? The person applying wont get a B2 or get in. I rest my case. Intent, thats the magic word. What is your intent. If it is legal and the embassy says no or the CO says no, are they then commiting something illegal? Violating your right? NO, because under immigration law its Illegal to apply for/use that visa with that intent.

I didn't say you cant do it, I said its not intended for that. I said if you tell them that then you wont get the visa or entry , therefore its illegal. Getting it for that sole reason is illegal. If your intent is to travel to the USA and get married then you dont qualify for a B2, its not that kind of visa. Thats all I am saying. Call the NVC and ask them. Now what I also said if you are here on a B2 and you happen to get married, here on any status really, and 1 day you wake up and decide to marry your significant other, thats fine. But its a good idea if that does not take place almost immediately, that does not look good. Most lawyers say wait 60 days to be safe .

I didnt say he needs to wait 60 days , I said its a good idea. It was a free tip. Any good attorney will give you that advice. Many many petitions get denied because of that exact same scenario. Person comes in to the USA on a tourist or work visa on monday and on thur the same week they are married. Bingo!! First thing USCIS says is its a sham marriage.

They will say get a K1 if your reason to travel to the USA is to get married. And if your not ready to immigrate here now then don't get married. Thats what they will tell you.

My wife just landed at Dulles airport 2 days ago. What should we do next? Is the Green Card and Social Security Card automatic?

Thank you,

Tony

Well the first thing you should do is Go Pick Her Up hehehehe, just kidding. Everything Darnell said is correct, but when she was at the embassy for her interview did they tell her they put in request for her SS card? The Green Card should come in the mail in several weeks but also a SS card may come too, if not then go apply at the SS office.

It is NOT illegal to use a B-2 to get married. It is NOT misusing the visa. People come and get married in Vegas all the time. There is NO problem as long as you don't intend to stay. If you aren't ready to immigrate yet, though, you may want to consider waiting since you may have a harder time coming back and forth with a USC spouse, depending on how strong your ties I your country are.

Its not illegal to come here on a B2 and get married if thats not the original plan, its something that just happens while here. But it is illegal if you apply for a B2 with the plan to come here and get married whether you plan to stay or not, it is misuse. This is what a K1 is for, to come here and get married. Not a B2. If it is legal to come here on a B2 to get married then when you arrive at the airport tell them your here to get married, see what happens lol. I'll give you another tip , wait atleast 60 days before getting married while here on a B2 because even if you leave and later apply for a immigrant visa, USCIS may look at the marriage here while you were on a B2 as part of a whole scheme to later go around immigration laws and they will deny you. They will look at it as a sham marriage (marriage solely to get a GC). Mish, just be careful like I said and dont volunteer too much info when you arrive at the airport. With any luck they wont even ask you why your here, if they do ask you, remember my advice from other post. Good luck bro.

It is not a general rant with the embassy. It is a question about anyone else has been surprised at the interview by the interviewer demanding items we were not told to bring. As to the little girl, you can look at her at two years old and at 7 years old and unless you are blind, can see it is the same person. In addition, she looks just like her mother. All I seem to get from this group is criticism for some reason. If no one has had this experience and how to deal with it, don't bother to post your unwanted comments. There were reasons for the wait to bring her over and we still would not if her caretakers had not died. Her mother wanted her to go to school in the Philippines but now it is not a safe situation so we are taking over.

I really feel for you guys, and I'm sorry about what is happening, but I can see the Embassy's side on this looking from the outside. A real sticky situation for everyone. The child really doesn't know the petitioner and to be frank, doesnt really know her mom either right? I mean she was 2 when mom left. My earliest memories in life start from about age 4 1/2 . The CO has a notion that maybe this little girl is not really her daughter. I mean I believe you , but you know, you have to be 110% sure. Anyway , why cant you get the DNA test done there in Manila? There's got to be a way? As far as the Embassy goes, waiting for instructions/email from them can take a month or 2. There is absolutly no one you guys can trust in the Manila area to takecare of the little girl while Mom comes home and works for a few months while getting this whole DNA test thing fixed/set-up? I wish I can help you. If I lived there I would say leave her with me and my wife, I would watch her for free even because I know its a big expense just traveling back and forth. Good Luck, we will pray for you guys on this situation.

Thank you everyone. I'm going to be attending the Interview with my fiancee in January 2012. I'm still unemployed, and will be using my Father as a Co-Sponsor. I have savings in bank and bonds. My fiancee is only 18, and I'm 23. What does everyone think? Approved?

And, I'll also bring an I-864 along (even though it's not required by Embassy; it may help out my case).

Your best bet would have been Marrying her there and then using the I-864 from your dad. Then I would say Approval. But in a K1 situation I'll go with a 50/50 approval/denial.

The following is an email from the U.S. Embassy Manila to one of our fellow VJers regarding cosponsors for K-1ers:

Date: April 24, 2009

This is in reply to your inquiry of April 24, 2009, regarding your visa concerns.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. Accordingly, we make a thorough evaluation of other factors, such as the sponsor's motives in submitting the Form I-134, the sponsor's relationship to the applicant or petitioner, the length of time the sponsor and applicant have known each other, etc. An I-134 Affidavit of Support submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has limited value. Unlike the I-864 filed by joint sponsors in immigrant visa cases, the I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises. Please be assured that we look at the totality of circumstances in assessing the credibility of joint sponsorships.

For information about financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov.

Information regarding fiancé(e) and immigrant visa petitions may be found at our website at http://travel.state.gov/visa/immigrants/ty...types_1315.html or http://manila.usembassy.gov/wwwh3204.html.

Please direct future fiancé(e) and immigrant visa inquiries to this web link: http://manila.usembassy.gov/wwwh3230.html.

I was going to say that the I-134 really can NOT be enforced in a court of law, only the I-864 can be. So for example, your father co-sponsors the fiancee and then she goes to the US and becomes a public charge, they cant make your father pay. But they address this in the letter that Tahoma shared.

Hi guys! hope everyone is doing okay. I just have a question, is it okay to enroll for a CNA training while waiting for the AOS? Is it allowed while AOS is in the process? thanks and god bless us all!

Yes

hi vj's i'm done with my tb test last saturday and came back to check my tb test reaction and it's 18mm and they refer me to the health department to undergo chest xray. just wanna ask if this is negative or positive? i really don't know im start to worried right now. though they told me it's fine and it doesn't mean i have tb. anyone can share with me their experience?

over 15mm is positive. This doesn't mean you have TB, it just meant that you have been exposed to TB sometime in your past OR you had the TB vaccine in your past. They will use the chest x-ray now to rule out if you have active TB or not.

Your USCIS application/petition has been received and routed to the California Service Center for processing. WooHoo, just got this in my email. I'm glad I'm in California Service Center.

Hi All,

I guess my other question is: How quickly should I wait before marrying another lady from the Philippines? I think on the next one I will marry her there and bring her over as a spouse rather than a fiance.

Thank you all for the replies

If your divorce is final on a monday morning technically you can get married again Monday after lunch hahaha . Its up to you and the bride. You know the truth is you really cant go wrong with a filipina, I mean most are the best women you can meet on the planet. Me, I just made a few bad choices. I was stupid , fooled, and just in a rush. Take your time and with your experience now and advice from others i'm sure you will find the right one and be happy ever after. I finally found my baby.

Once you get married you will not be single anymore and you will perfectly fit into CR-1 category. 9-12 months rather than 2-3 weeks. Any other attempt will be a visa fraud if your future wife has one.

Is Korea a visa waiver country?

I picked 1 from each week and printed it out. Be careful to not pick 1 where you are arguing, Murphy's law says thats the 1 they will read hehehe

Passport card is only good for driving to Canada or Mexico. Even needed a passport before 9/11 for all other countries. As a US citizen, your foreign passport is worthless for coming back to the USA, can sneak out however with that. But still may need your home country passport to enter your home country.

You will encounter these guys in uniforms that will say, let me see your papers.

your dog is so cute. yeah those cards are usless really but i think you can also use it now on a cruise ship? not just mex/can travel.

hi

i just become a us citizen, on jan 08 id like to travel out of country,

can i show to immigration a copy of my naturalization certificate whem i re enter?

will that work?

or do i absolutely need a passport (or do i need to apply for passport card?)

thank u so much

I dont think thats going to work, you need a passport. Did you ask for expedited service? I think you can get the passport sooner that way. Also, unless they changed the rules. About 10 years ago my friend lost his passport and needed it the next day to go to Austria. He called the passport agency. We live in Florida. They told him if he came into the Miami Office before lunch time that he can get a passport the same day. So we did that, I drove him down to Miami and that afternoon he had it in his hand. Maybe you can try that, call them?

This is what we did a little over 3 months ago and is solely based on our experience.

Your fiance should already be gathering her Birth Certificate, NBI Clearance, CENOMAR, Police Clearance if she worked overseas for more than 6 months from the country where she worked, Annulment (if applicable).

You as the petitioner should prepare I-134, employee letter, pay stubs, and tax transcripts for 3 years (you can order tax transcripts from IRS website for free), evidence of ongoing bonafide relationship, money remittance, and anything else that proves a genuine relationship, and then send it all to your fiance as she will need these things for the interview @ USEM.

You can pay the visa fee through BPI it is $350.00 but will pay in peso based on the exchange rate that day. Be sure to have your passport when paying for the visa fee and keep the receipt. Wait til the next day and schedule your interview online. You do not have to wait for the eligibility letter from the USEM. Otherwise, you will be waiting for awhile. When you are scheduling online, you'll need manila case #, passport info, and the receipt # from BPI. Give enough time in between interview date and when she plans on getting her medical done when scheduling. There is no need to schedule an appointment for medical since it is walk in. You can register through the SLMEC and fill up the registration online and this will save you an hour and a half. if you don't fill it up, they will make you fill it up on the spot @ the clinic.

A CFO sticker is needed to be affixed to your fiance's passport. If you do not have this, they will not let her board the plane. This can be done in advance and once you have the visa in hand, you can go back to the CFO office in Quirino Avenue and obtain it. Or, you can wait until visa in hand and then attend the CFO seminar and get the certificate the same day.

Below are very useful links that we used:

Link of what essentially what the packet 3 is: http://photos.state.gov/libraries/manila/19452/public/Revised%20K1%20Instruction%20Packet%20_3__rtf2_001.pd

Here is the website to schedule online for interview: http://cgifederal.force.com

Link to SLEC: http://www.slec.ph/u...ml#clinic-hours

CFO website: http://www.cfo.gov.p...onals&catid=140

Website to Download DS 156, 156K, & 157: http://travel.state....forms_1342.html

Good luck!

beautiful post

Actually there is nothing wrong in filing separately, except you cheat yourself on taxes, as married couples do get a tax break as other poster mentioned.

But with all the evidence you have, you should be just fine.

oh your right, you can file as "Married filing seperately" but then you cant itemize or take other credits/deductions. I just meant before that you cant file as single if your married and living together

Actually there is nothing wrong in filing separately, except you cheat yourself on taxes, as married couples do get a tax break as other poster mentioned.

But with all the evidence you have, you should be just fine.

oh your right, you can file as "Married filing seperately" but then you cant itemize or take other credits/deductions. I just meant before that you cant file as single if your married and living together

how am I wrong?

how am I wrong? you cant get a CENOMAR if you been married in the Philippines and it was filed with the NSO.

I went through a K-1 process in Manila already, I even went there to the interview with my fiancee at that time. We were approved. So I have first hand experience. She had never been married so she had a CENOMAR but while there I was chatting with other people there for their K-1 interview. One girl was married but her filipino husband died, she had the death certificate, they never asked her for a cenomar or a cemar. This was in 2009 but I dont think much has changed except now the Embassy has a new building, I was there 3 weeks ago, its nice.

how am I wrong?

^^^ You are a K-1er, so you need to bring your annulment papers and you need to bring your NSO CRS Form No. 5 - Advisory on Marriages.

You can get your NSO CRS Form No. 5 - Advisory on Marriages from the NSO by applying for a CENOMAR through the NSO. You apply for a CENOMAR and, since you have been married before, the NSO will issue you the CRS Form No. 5 - Advisory on Marriages. That document is unofficially called a CEMAR. So, in short, no matter if someone is single or if they are married, they apply for a CENOMAR. If they are married or have been married, they will receive the CRS Form No. 5 - Advisory on Marriages (CEMAR). If they have never been married, they will be issued the NSO CRS Form No. 4 - (CENOMAR).

For photo examples of these documents, please click here.

Is that as clear as mud?

Also, the consular officer may ask you to submit a Certificate of Marriage from your previous marriage. You can also get those from the NSO.

^^^ You almost got it. Please see my post above.

I'm not wrong, you cant get a CENOMAR if you have a mariage on file at NSO. Yes you are right , they will give a CEMAR . The embassy might not ask for it though. Sometimes they don't bother if you have the divorce/anullment records. BUT I do know someone who got delayed because she didn't bring the CEMAR so bring it.

hello, i'm a filipina and my husband is american. when we filled out forms, i listed the last name name of my husband as my last name and my maiden name as middle name, no problem. Your wife must update her passport because it would be complicated if you will use her maiden name and yet your married. What I did, I attended seminar at CFO ( Commission on Filipino Overseas) to avail that certificate of attendance which is required for renewing passport ( it is only required for those women who married foriegner). Then I asked a copy of marriage certificate from NSO (National Statistic Office). When I got them both, I made an appointment at DFA for passport renewal. I used my husband's last name as my last name and maiden name as middle name. I have now my passport using my husband's last name.

I hope this help. God bless.

Use the current legal name regardless of what is shown on any other documents. There is also space to put other names used. That is where maiden names, nicknames, etc. are listed.