dave01

My wife, a US citizen has stage 4 cancer and would like to bring her sister here from the Philippines to help take care of her. Is it possible? Thanks

There's a visa EXPIRY date stamped on your visa. You have to be in the US before that expiry date.

If you don't leave and the visa expires, chances are you will have to re-file everything all over again. Pay new fees, re-do the medical exam etc..

Unless the US Embassy grants you an extension which would require a very valid reason on your part.

I totally agree with your post. Getting an extension before your visa expires would be very hard and getting the extension after it expires won't happen. If you have unfinished business to take care of here just fly to the nearest POE, probably Guam, have your passport stamped and then come back and finish your business. I wouldn't let it expire, as we all know there are going to be changes happening when it comes to immigration, and there is no guarantee that you will be able to do the same process or be approved the second time around. After working so hard for this don't let it slip through your fingers.

I was wondering about some things regarding DCF filing (Philippines).

I know DCF can considerably faster than the standard way, and that it requires at least 6 months residency in the country you're applying for. I've read for the Philippines you can possibly petition your I-130 through DCF with only a tourist visa. I'm already staying 3 months and 6 days here (Feb. 13 to May 18) with my soon to be wife (April 15th) and I'm only keeping a tourist visa extended this whole time. Some questions...

1. What's everyones experience regarding residency status? tourist visa, petition for permanent resident, etc?

2. When proving residence, I've been staying with my fiance/wife the whole time, do I need to get some type of affidavit from parents, or should I seek some cheap lease agreement, or does my passport stamps prove anything?

3. Are the filing fee's the same?

4. I'm having to get joint sponsor's regardless -- will I need to get all the information and documents beforehand?

5. What is this dream act, or whatever from Obama that is causing the extended wait times or being given higher priority?

I know there is information out there on DCF, but it's really hard applying it to my situation. I'm staying here for 3 months and I can possibly extend it out further if its worthwhile, and to possibly avoid a longer wait. I see spending 3 more months with my wife and then waiting 2-3 months in the states alone better than waiting 6-14 months on a traditional CR-1 petition.

Thank you!

A couple of affidavits along with your passport stamps should be good enough. There have been several people approved for DCF that were here on tourist visa's. If in doubt call the USCIS in Manila and ask what they will except as proof of being here.

Hi VisaJourney smart people.

My wife has arrived from the Philippines and she has her green card & Social Security card (it took about 3 weeks, like it says in numerous places). She did not legally change her name while in the Philippines and now she would like to. Whats the best way to go about this? I've been looking on the web for information and the USCIS website doesn't seem to have anything about change of name, I think the SF Philippine Consular could do it with our marriage certificate but only in person (awkward, because we are living in Montana). What are your thoughts? Should I send her back to Manila to do it? Would we then have to renew her passport and greencard? The SS card has my name on it...

What is the easiest way to change a spouses name?

Thanks in advance, Don

I would advise that you go online to the DFA website and get the requirements for renewing the passport to reflect the new married name. She will need an NSO copy of your Marriage Certificate as well as the CFO Certificate to do it. There would be no reason to change the name on here visa or green card as they would still be valid even if the old passport is not. I would think it would be far cheaper to do it in the US than for her to return to Manila.

Im a USC petitioning my dad and currently in NVC process (AOS). Back in 2002 my dad tried to visit the US on a tourist visa but was denied entry (they suspect him of working in the US without a permit). Is this going to somewhat present an issue regarding his petition to immigrate in the US? Thanks in advance for your answer

If your father had a visa and was turned away at the border because they thought his intent was to work on a tourist visa he would have probably been banned for 5 years. It should be ok now unless there is more to the story.

Like pushbrk stated:

When my wife got new passports they would not release a new passport until after they had defaced the old passport. To the best of my memory the DFA punched holes in the old one causing it to be unusable.

What I tried to say was to use the passport that you have even if it is in her maiden name. If she gets a new passport in her married name later then just use both passports. The old passport may be punched and rendered not usable but the visa inside is still valid and will be needed to get through your POE. Just because a passport is no longer valid doesn't mean that the visa's inside aren't.

I am doing a DCF in Manila. I have been in the Philippines for 2 years. My question regards the section:Applicant's residence for the last five years. You need a stateside residence AND for a DCF need to have been here for at least 6 months. My question is : how do you list both when there is only one line "Present Time?" How do you address this seeming duality?Thanx robertdski

If you have been here for the last 2 years that would be your present address. Any US address you may have doesn't matter if you weren't living there.

My wife's visa will be for her married name Holmes. We just applied for a Philippines passport renewal using Holmes. My understanding is that she needs a Visa and Passport in the same name (Holmes) so that they admit her at the POE.

Today her passport is Guillero. The NVC knows about her maiden and married name. They don't provide guidance about if they want the biographic page as Guillero or Holmes

So I am sending Guillero... Is this what you did also? Did you send the passport biographic page with the DS230 as the maiden name and not the married name?

Just send them your current passport at the time. If her new passport comes they will still give you her old one with the visa in it so no problem either way

PLEASE HELP!!!

My Filipina wife is being given the run-around by the NBI in Cebu, Philippines. They are telling her she cannot get an NBI Clearance in her maiden name now because she is married. So they ended up giving her one that included her full maiden name including her mothers maiden name that was dropped when we were married. Let me explain.

Her maiden name was: Zoila Mae Acebeo Alburo. When we were married her name was changed to Zoila Mae Alburo Olsten, although that combination is nowhere to be found anywhere on our wedding certificate. In fact there is not designation on our Philippines marriage certificate that gives her married name in any form.

Her passport that she got after we were married reads Zoila Mae Alburo Olsten. The Acebedo name was dropped. The uncooperative lady at the NBI gave her one NBI Clearance only that reads exactly like this: ALBURO de OLSTEN, ZOILA MAE y ACEBEDO

Everything I read says the spouse needs 2 NBI Clearances, one in their maiden name and one in their married name. As far as I can tell the NBI clearance we have now is not good for either name because her name is not Zoila Mae Acebedo Alburo Olsten on any other document we have as of this date.

To review: Her birth certificate reads Zoila Mae Acebedo Alburo and her Philippines passport reads Zoila Mae Alburo Olsten.

So WHAT DO WE DO NOW? She is afraid she will be arrested if she goes back to NBI because she says the form asks if she is married and if she lies and says she is not she thinks she will get arrested.

My suggestion was for her to simply line up 2 times at NBI. The first time getting an NBI Clearance in her maiden name using her birth certificate and the second time using her new Philippines Passport to get a clearance in her married name. We were married in September 2012 and I have to assume the US government wants to make sure she has not been arrested under her new name.

Is the NBI clearance she got going to be accepted by the VISA people here or should she go and get two separate NBI clearances???? PLEASE HELP....

WHAT SHOULD WE DO???

Looks just like ours did, they covered both names so your good to go

Wow, congratulations on your visa grant!!!

Did I understand it correctly that you went through with the submission of your DS 230 and DS-2001 as well as the interview prior to your receipt of packet 3 in the mail? May I also ask where you find DS 2001 form? I couldn't find it in the list of forms in the USCIS website. Another thing, did you submit the I-864 with the DS-230 and DS2001? Thanks so much for all the help.

Yes you understood correctly, like I said before don't wait for the packet 3 to get to you. The DS-2001 can be Googled and downloaded. The I-864 will be given to them along with your tax return information on the day of your interview.

K-1'ers don't need a DS-2001. See Tintin's link.

Ok, thanks Tahoma, I wasn't sure if the K-1 filers needed it or not.

Hi everyone!

Thank you for all the help we got from here in filling up our I-130 and G-325 forms. We finally filed our I-130 DCF in Manila last March 26, 2013. The officer told my hubby to wait for 13 - 19 days and we will hear from them. They got my contact number as my hubby doesn't want to carry mobile phone as well as both of our email addresses. What are we expecting next? How would they communicate with us?

If they contact you and thats a big if, they would do it through email. Don't wait for them to contact you. After about 3 weeks start calling them and call them every week until they tell you that your approved. Once your approved call the Immigration unit to make sure it's been given to them and then email them the forms DS-230 and the DS-2001, wait 2 or 3 days after you email the forms in and then go online and set up your interview appointment. We received our approval and the packet 3 in the mail 2 days after 2go delivered our passport with the visa. We were told at the time that we applied that we would hear from them in 3 to 6 months, it was not the case. From the day we filed until we had the visa in hand was 98 days and we could have shaved 3 weeks off that if we would have wanted to.

Hello all, we have been waiting for my fiance to recive her packet 3 from US embassy in MNL, I check our status online yesterday and it says we are cleared to set up our interview. I already have all the paperwork ready for her interview and she has it, my question is, In the packet 3, is there anything we need for interview or could we set up the interview before we recive it? Thank you in advance!

The two forms we needed from the packet 3 were the DS-230 and the DS2001, both can be gotten online. It may be different for K-1 filers

So 4 days in a row the 2go tracker has said the visa is out for delivery. It seems much better to pick the visa up after my experiences with 2go. I told my fiance she should call them and say you need to talk with the person that has it, and make sure they physically have it in their hand and then go pick it up. I had to do this once with fedex also. My fiance should be tearing them a knew one, but she just always waits another day unfortunately the flight is in a week and there aren't that many more days left to wait.

If you don't have the visa yet it also means that her CFO isn't done. One week at this point may be really pushing it. They say never to buy your tickets until you have your visa with the CFO in hand. Good luck I hope everything turns out ok.

When I file for my Wife's Visa I want to take the I-130 packet and drop it off at the embassy, so I take it I'll have to make an appt??

Yes, the new rules for going to the USCIS within the embassy says you need to have an appointment. You can make it online. The USCIS is where you will file, not immigration

Has anyone been through an interview in Manila with last years taxes not meeting the 125%, but currently making above the 125% after starting a new job. My situation is a little different because I also have VA disability income. Hopefully somebody can help and give me advice. Here's my situation......

I just completed my 2012 taxes and my taxable income is below the 125% of the poverty limit. I was unemployed most of last year until I got a good job with the Department of Veteran's Affairs last December. Last year I also had about $19k in VA disability income which is not taxable and doesn't show in my tax returns. My question is do you think I'll need a co-sponsor. Between my current annual salary and annual VA disability I will be well above the 125%, but I'm just afraid last years taxes may require me to find a co-sponsor. Does anyone have any advice?? Will they put more weight on last years taxes or current salary? And does my 19k from VA disability last year count? Thanks guys!!

Just bring the copy of your VA award letter along with your income tax returns and you'll be fine. On a side note for those that don't have to file taxes, do it anyway, it will save you a lot of grief in the end.

That goes without saying. It was just a thought anyway. Anything to expose the USCIS and CSC in particular and hold them accountable.

What would you hold them accountable for? They're just doing their jobs. They can't help it if the numbers of immigrants that they process per year has them overwhelmed. Everyone knows, or should know, that the process takes time. If a person doesn't like it they are not forced to participate.

So my lawyer said my wife has to get a certified copy of our marriage certificate from where we filed for it. But my wife said they only gave her a copy and told her to certify it elsewhere unless she wants to pay double through them. Will that be ok with the embassy that she had it certified elsewhere? She lives near Roxas.

you get it at the Civil Register where you applied for your marriage license.

Has anyone been to the Manila Embassy since the new appointment system went into effect? I have an appointment for June 04, in which I want to do a DCF of Form i-130 for my wife-I will have been here two years at that point and we will have been married two years on June 16. I have studied the website and have all documents in order. My appointment letter said, "speak to immigration officer." There were no subject checkboxes or place or opportunity to specify the nature of the visit. So, I am assuming (perhaps wrong of me) that I can file our DCF then. Anybody one that yet? I do have some other questions:

1. What currency or form of payment is used for the $420 fee? Can I use a debit card? I assume pesos are acceptable if they accept or require cash.

2. I have specific questions about later documents, will I have an opportunity to ask them?

It feels good to start, though I hope we do not get crushed and shuffle to the back when all of the former illegals began their processing. Thanks robertDsi

You will not be speaking to an immigration officer, you need to make your appointment with the USCIS, that is where you give them the I-130. The USCIS and the Immigration Office are 2 different places.They will look over your documents and tell you on the spot if they need anything else. Paying with a debit card is ok.

I need help please when I check my case status online at /ceac.state.gov

they show me that messssge please I don't understand it what is this ? can anyone tell me please this im so worried about it

Case Creation Date: 13-Feb-2009

Status Updated Date: 02-Apr-2013

Section 203(g) of the Immigration and Nationality Act requires that your registration be canceled and any petition approved on your behalf canceled, if you do not apply for your immigrant visa within one year of being advised to do so.

You were advised of this requirement over 1 year ago, but we have not received a response from you since then. As a result, your application for a visa has been canceled and any petition approved on your behalf has also been canceled.

Your application may be reinstated and any petition revalidated if, within one year, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control. Please provide a written statement to the Embassy or Consulate outlining the circumstances beyond your control and noting that you still wish to pursue this

It looks like your petition has expired and without a very good reason you will have to start over

Do I need to have an appointment to file at US Embassy in Manila for a DCF for my wife? We live in Cebu and it is a mildly costly journey-would hate to make an unnecessary trip. I have been here just about 2 years, so I qualify DCF-just need to know if I need an appointment-the lines are horrendous there and they have initiated a lot of changes. Anyone know? thanks RobertDski

Yes, the new rules for going to the USCIS within the embassy says you need to have an appointment. You can make it online

Her English is excellent, both written and spoken, she is just worried about what others think if it is not PERFECT! Haha. I try to tell her even those of us born here are not perfect and her grammar is better than many native speakers.

Haha, When I was younger and wrote a lot of letters my spelling was a lot better, now I'm always asking my wife how to spell something. Thank god for spell check

I have my NOA1, March filer here. My Fiancee worked in Hong Kong for 7 years so we will have to get the CNCC from Hong Kong. I have heard that takes about 45 days. My question is, can she fly to Manila and complete her medical while waiting for the Hog Kong police clearance? How long are the medical results good for. She is in the Philippines, lives in Cebu. I hope to be able to be there for her interview and then pick up the Visa and have her fly back with me if everything goes well. Any advice or suggestions are welcome. I have been reading a lot here and trying to plan ahead.

On a side note, I am encouraging her to post any questions she has for you here also, but she is worried about her grammar. I assured her that no one here is judging her English skills, which are really quite good. So maybe all the VJ'ers here could tell her it does not matter.

Thanks for this excellent community and the helpful answers and support from all here.

Happy Easter.

This would be a very good place to practice her english before going to the states and getting submerged in it. You don't have to wait for Hong Kong to do the medical

her collection of civil docs will be looked at, briefly, at NVC during the NVC doc intake process, but finally adjudicated at Manila IV.

I'm of the opinion that anything sent to NVC gets reviewed before the interview by a Vice-Consul at the IV Unit, so I say it's a great idea for her to write up a letter of attestation about these events and submit it with the DS-230.

Good Luck to her !

I'm not so sure I would write anything that would bring attention to the 3 marriages. That in its self could be a red flag. If she was properly annulled they won't care and her paperwork should support that

You have to have residency for 6 months before filing, not just visiting as a tourist for a long time, so the petitioner would need to ensure that they are in the country to legally reside on a visa that allows them to do so. The OP may wish to check the specifics.

your wrong on this, their have been many that have been here on tourist visa's that have been approved by the USCIS in Manila, just be sure your paperwork is in order and if your here on a visitors visa that you have utility bills and rent receipts along with your passport visa stamps to prove you were here