Jim♥Michelle

Mabuhay!..

I am married to an LPR and thinking if I could file for B2 Visa to visit him in the United States.

Does anyone here encountered approval for a tourist visa in the US Embassy in the Philippines while there's a pending immigrant petition (I-130)?

How can I prove them that I have ties in the Philippines and have no immigrant intent FOR NOW.. I just want to visit my husband there and wants to buy a wedding gown for our church wedding... soON but no definite date yet...

Thanks a lot..

Hi I'm new in this forum but before my interview, i was able to get informatons and help me a lot in preparation for my Inteview, I was interviewed last tuesday nov 20, and today I received my visa and the packet to be presented in the US immigration upon arrival in the US. To those still waiting keep praying and be positive. Have faith in |God and be confident. Questions are very practical. Thank you and God bless

CONGRATULATIONS!

ChelBear

Why wouldn't it be ok to schedule an Infopass appointment to get information? Of course it is, t's your right to do so. I personally did it a few times and it was always helpful and answered all the questions I had at the time, since you actually get to talk to an IO instead of an idiot at the 1-800 misinformation line...I always found competent people who knew what they were doing, of course this was in Baltimore so I have no clue it is always a positive and pleasant experience everywhere else as well.

Good luck.

Thank You Churipu .. we already set an appointment this month and hopefully it will help us a lot instead of hiring a lawyer. It's our first time to have an Infopass.

Again, thank you .. have a nice day

hi everyone here

i got my visa and i will travel to usa within 10 days

congratulate me

samar

WOW, CoNGRaTuLaTioNS!!!

Hi VJers!

I just wanna know if it's okey that we schedule for an appointment using INFOPASS to seek some help from IO about our case... Our problem is that my hubby stayed for exactly 6 months outside the USA.. And we are confused about that. We think that if we talk to a INFOPASS he/she can enlighten us about the "Continuous Residency" .. you think they will entertain us?...

THANK YOU for your HELP!...

Good luck.

ChelBear

Darn!!! Haven't seen the guy selling balut walk by ringing his bell in the evening yet!

Hahahaha.. waiting for balut vendor in the States... Don't worry I'll open a franchise there just kidding.. Balut is good to your knees.

CoNGRaTuLaTioNS !!!

Can one apply for H-1 B work visa while I-130/K3 in process? Are there any other 'legal' ways to get a spouse to US during the I-130/ K-3 process?

Thanks all!

YES your wife can file for H-1B..

"Even though a person is under petition by a family member, they can still be separately petitioned by an employer. There is no law barring a person from simultaneously seeking different immigration benefits.

For a Temporary Working Visa (H-1B ), the basic requirements are:

* You must be a college graduate;

* You must have a financially stable employer in the U.S. who would petition you.

* The employer has a job position related to your college degree.

* The employer is willing to pay you the "prevailing wage" for that job; and

* The job must be real. You must work in that college-level job (i.e. an accountant cannot be petitioned for an H-1B visa to work as a file clerk or secretary, because those are not college-level jobs, and not related to their college degree).

The Temporary Working Visa (H-1B) can be granted in a matter of months, (assuming the 65,000 annual allotment has not been used up). Even if you have a pending family petition, it would not affect your eligibility for the Temporary Working Visa. (This is unlike a Visitor's Visa, where if a person is under petition, it could be grounds for their ineligibility for the Visitor's Visa.) " --- Atty. Gurfinkel

Hope it helps.

ChelBear

He continuously files taxes every year.. and never worked in the Philippines. What do you think Sir? ... If 6 months is okey, we can file this January 2008.

You seem to be confused with filing taxes as being same as maintaining residency - that's only one part of the picture not the whole picture - you can have overseas assignments and work overseas or just vacation overseas for a few or several months - you will need to file US taxes if one of the source of your income was from US sources. Its good that he kept filing taxes but that meets the tax filing requirements not necessarily the 'residency' requirements.

This part is about US citizens but is significant to try and dispel your confusion - Some retirees that live oversea now - have to keep paying US taxes because the source (SS or private pensions etc) are from US sources. They are complying with tax laws regardless of residency. Other countries may charge you taxes also (even on your retirement income) if you stay there for 6 months or even 4 months (in some countries). Good Luck

Thank you for your time we really appreciate it. Our problem is that he stayed here in the Philippines for exactly 6 months, some says that it will disrupt his residency in the US.. and need to restart our counting (back to zero) .. he's planning to file Citizenship this January 2008 but first we need gathered more opinions and suggestion here before we decide "if to file or not to file"...

Thank you..

Sorry, couldn't get it all in before editor closed

Here's what Excel has to say about it!

9/6/2002 9/22/2004 7/16/2006

3/20/2004 6/21/2006 10/16/2007

561 637 457 1655 Days in country

Total 55.16666667 months (as of 10/16/07)

60 - 55.16666667 = 4.833333333 x 30 = 145

10/16/2007 + 145 = 3/9/2008 - 90 = 12/10/2007

Hmm,.. thank you so much NavareeMan..

60 - is the months less 55.16666667 = 4.833333333 x 30 = 145 and as of 10/16/07 + 145 = March 9, '08 less 90 days = December 10, 2007! Thanks NavareeMan!,.. you did a great job!

But wait do you think his 6 months stayed outside the US is okey? I read that..

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

* has been lawfully admitted for permanent residence (see preceding section);

* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

so it says more than 6 months, my hubby stayed outside for exactly 6 months, but when we computed it last night it shows that it is only 5 months and 30 days (183 days)! We're still confused if to file or not

THANK YOU GUYS!... GOOD LUCK to ALL of US!

Well for citizenship other then the passport they will also check things like your taxes if filed etc. This pertains more to people working overseas which you cannot do on the Green Card (otherwise it's considered abandoned). If it's a vacation, then it's usually not a big deal.

Just remember for citizenship any trip 6 months or less is allowed, 6months to 1 year you will have to prove to them that you maintained residency. After a year, good luck, you'll probably be denied. Now how will they know? Well if you don't answer truthfully and they find out then you are risking getting caught and being denied and possibly deported. So that's a risk...

Hi Warlord, I read your post somewhere here .. we're still confused on what to do.. "to file or not to file".. my husband traveled with exactly 6 months (184 days) If we restart counting again he can probably file on July 2009 and that's painful to us.. Before he went here in the Philippines, he resigned from his work so that he can spend 6 months here. He continuously files taxes every year.. and never worked in the Philippines. What do you think Sir? ... If 6 months is okey, we can file this January 2008.

One more thing, I heard about Infopass, any idea about that?.. How to get it and where to use it?...

Thanks in advance.. We're happy that there's people like you here... who's willing to help.

God Bless you and your family.

Congratulations!!

Wow congratulations that's so fast.. How I wish before the year ends we'll also receive our Approval

well, i had my filipina fiancee read this thread. i asked her if that had happened is it likely the woman would give the baby to the "rapist" family. She said it was possible since she wouldnt want the child born of a rape. Having said that she agreed with me that she didnt believe the story. She felt it was her boyfriend who got her pregnant while having a USA husband. happens there more frequently than you would think.

First if an adult filipina has a male "best friend" thats a boyfriend. the culture there is very conservative. Most women dont date alot and they have a chaperone if they do. One of my fiance's friends wants to find a foreign husband. she of course has a filipino boyfriend who the girl states is not her future, so she is looking while keeping this guy on the side. whole thing sounds like she has the USA husband but kept her filipino boyfriend and he got her pregnant. Funny she didnt tell her USA husband about the baby and "rape" until she had to. ANd she didnt go to the police and file a report. The filipino "rapist" is paying the medical bills ( theres a red flag if you ever needed one) of the future baby and the families agree for his family to take care of the baby once born.

I am sure the girl cried when she told the USA husband. i think she was seeing her whole future crumble away. If i was the USA husband i would stand with the wife but only if she went to the police and filed the rape charge. I would go there and be with her for support. If he raped her, he should be punished and she shouldnt protect him. I think she wont go to the police because she is protecting the guy. fortunate he is in korea right now. i say either she is faithful and loyal to the USA husband and files charges on the "best friend rapist" or she is loyal to the filipino boyfriend and the USA Husband should cut his losses. I might be alittle more compassionate if she had told the husband about the rape when it happened, not when she knew she was pregnant and couldnt hide it any longer. I dont believe the guy made threats to her to stay quiet but yet pays the medical bills and is taking the child when its born. Guys who make threats to keep a rape quiet would deny being the father of the baby, not pay the bills and embrace it.

Chris

You're right. As a Filipina, I am sorry to say but I don't believe your wife stories.. Many Filipina here especially those from remote areas or in any provinces WILL DO everything just to migrate in other countries and to have a better future. I heard a lot of different stories here in my country. Having a foreigner boyfriend or husband is like you won a lottery.. it's true! It's easy for them to use a foreigner to survive in poverty.. It's a "sacrifice" just for a better future even the foreigner is too OLD, UGLY and NASTY.. they're willing to marry them just for the green card and $$$.. Not only Americans are suffering from this "cheating".. second is Japanese..

As I read your story, Im sorry Daveg "did you ask your wife if the rapist WAS HER EX-BOYFRIEND, CURRENT Boyfriend and not just a simple friend?" If he's JUST a friend he will not do that thing!.. But if the guy likes your wife or they're really a "SECRET LOVERS" maybe it's okey for her NOT to file a report because she will protect her "SPECIAL FRIEND" and of course, no one wants my child's father or lover in prison because soon I'll petition him too. I'm not being harsh on you but I want you to realize that. I'm just concerned to you! And also giving her future baby to the parents of the rapist is REALLY DUBIOUS! After your wife become Citizen she'll then petition her baby and soon the rapist..

Ahm, why not surprise visit her but investigate first.. hire or contact a person to investigate if you're wife is telling the truth and to know the real reason why she didn't file a report.. And traceback what's the real score between the rapist and you're beloved wife!? how they met, etc.... chatting for about 6 hours a day - cam to cam is not enough to know a person.. but if you're together you will know her better then tell me if she's really nice, sweet and shy girl.. I'm so sorry but im a filipina, I know how they think and knows whats happening here in my country. I know more Filipina as much as you do.. Well, think about it before you petition her.

Concerned Citizen from Philippines

WOW! The rapist pays the medical bills?

OMG!.. Hmmm...

. Six months can vary dependng on which months you are counting.

My understanding is that it is counted bu number of days - not "partial months" - that is, under 180 days is "safe". I hope so - I'm filing with an absence of 168 days.

Are you processing your Naturalization right now? Or done with that?.. My hubby has 184 days absence which is equivalent to 6 months (March 04- Sept 04).. So it's NOT safe right... any link regarding "180 days safe" please..

tnx

hi i am in similar situation (8+11=19 total months out of US) and here are official instructions and quotes what i found on the matter:

http://www.visajourney.com/forums/index.php?showtopic=89841

Hi there. Are you processing your citizenship now? ... You think filling taxes yearly is the best evidence we can show INS?