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About JE57

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    Senior Member
  • Member # 182466

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    Hong Kong

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  • Our Story
    Married in USA but moved back to HK so no AOS after K-1. Got Tourist visa after establishing residency in HK

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  1. DCF ended July 1st. Since they took your passport copy I'm thinking that they may be questioning your length of stay within China. As others have said you can try again but the results are likely to be the same in which case you'd need to consider a spousal visa although it's a long expensive process.
  2. Yes a very good point. Foreigners can not own land in the Philippines Certainly I of all people should have remembered that given how much it would have helped us if I could have owned the land instead of her.
  3. You already know the answer. You should go for the interview. Here are all the reasons you should go: - If you don't go and he is denied you will feel horrible and he will potentially resent you for not going. He is aware of your fear and he already has told you anyway that you should go. - There are options that you have that may allow you to treat the fear you have of flying... Medicines, therapy etc. Unless getting on a plane and flying is specifically something that could signfiicantly endanger your health you owe it to yourself and your partner to seek treatment. You've flown twice already so it doesn't seem like a significant risk to your health. - A letter from a doctor will not likely help your case at all.Because a) letters are easily falsified and thus are generally not helpful b) you are talking about a Phobia that the CO would likely read and interpret as this guy doesn't care enough about his partner to face his fear and take a short flight to the DR. - Lastly you are asking your future spouse to move to the USA and leave behind his life in the DR. The more you can learn about and experiance his culture in the DR the stronger it will make your relationship. He's leaving behind his life there for you the more time you spend with him there the better you'll understand him and any homesickness he might have when he gets to the USA
  4. Agree with Hank. We bought land in the Philippines a couple of months ago and nothing was online all 4 copy Carbons and that was with a large development company. Further we don't expect a deed or title or anything for about a year. So ONLINE seems a non-starter. However, you do have some interesting options perhaps. If your EX is Filipina and you registered the marriage in the Philippines than unless she took the step of actually registering the divorce in the Philippines then she would have been still married to you at the time of transfer of Money to the Philippines which means you could find a decent lawyer in the Philippines and possibly retrieve that money since she would not be allowed to purchase land in the Philippines without your permission or possibly you could take possession of the land or dispute the title. In short, you may have options in the Philippines if you act quickly depending on the circumstances.
  5. Not clear that there are circumstances here that would make marrying in Hong Kong helpful or necessary. Hong Kong also has requirements (registration etc) that are necessary before one can marry here. USA wedding or Philippines wedding seems better unless there are extenuating circumstances.
  6. I have bought one way tickets with Asia miles for 1/2 the number of miles required for a round trip ticket giving you an option if you have sufficient miles or maybe even if you have to buy more miles to top up for a one way it might still save you money depending on miles/dollars/pesos exchange rates and all. Although in all fairness that was for a HKG --> MNL ticket so not sure if it would also workout for a MNL --> USA ticket.
  7. I am not a lawyer but have researched this extensively. Bigamy is not a problem... The crime act of getting married the '2nd' time in the foreign country was allowed under that countries laws and is not bigamy under laws of the Philippines because the '2nd' marriage is not legal in the philippines. Likewise if a person from the Phlippines goes to a foreign country and commits a crime in that country (say for example steals a car in the USA) then the Phlippines has no jurisdiction to prosecute that crime. - However, if the Filipino 'ex-spouse' is especially vindictive and the Filipino returns to the the Philippines with their spouse in and lives in the Philippines with that person then while Bigamy is not an option to be prosecuted there is the possibility of charges of Concubinage or Adultery for both the Filipino and the Foreigner while they are in the Philippines. It the plan in the future is to return to live in the Philippines or visit long term as a couple then consider annulment or hope that the government finally passes a divorce law. Adultery comes with 6 years in prison so it's not a trivial thing no matter how unlikely it is.
  8. Good Luck.. Hope you are able to process it relatively quickly.
  9. @hank Thanks I missed the fact that the marriage in HK was likely not to another Philippines citizen so yeah that makes sense. Thanks!
  10. So I read your other post... You are holding passport from Egypt and living in Saudi Arabia. Your USC Financee is 19 years older than you but you have met her twice in person. You have been denied a tourist visa 4 times. A lawyer is in my opinion not necessary or helpful. Your USC future wife can fill out and file the application for a K-1 visa. YOU CAN NOT FILE she must do it! She can do that without a lawyer there are guides on the website and plenty of people on this website more than willing to help her. Your Tourist visas were most likely denied because of insufficient ties to your home country or the country that you reside in. Having a USC girlfriend makes it more likely to have a denial on a tourist visa as she is a strong reason for you to potentially overstay your tourist visa. However, the tourist visa denials will not have a negative effect on your future wife's application for a K-1 visa or your ability to get that visa.. .UNLESS you were not completely honest on your application for a K-1 visa in which case you may have really big problems in the future. - Now, as for the K-1... You have a couple things that could make it challenging for you to obtain a visa. From the country you are living in it is not normal for the woman to be 19 years older than her future husband. That doesn't mean you don't have a real relationship but it will mean that your application will likely be subject to additional scrutiny. Additionally applying for 4 tourist visas especially if a few of them were before you met / knew her would add further suspicion about your intentions and the legitimacy of your relationship. - So... How will your future wife address these potential challenges... The first and most important is to be honest and for both of you to try to take a very critical look at your relationship. Try to understand why others might think it was not real and provide evidence to address that doubt. The way you provide that evidence is to do so called 'front-loading' of the 129F petition that your future wife will file. SHE would provide pictures, receipts documents and relavant evidence in a way that would help an Immigration officer see the totality of the strenghth of your relationship. - Super important is that your future wife needs to do this and she can and should register on here for guidance and help
  11. Unless there are major problems with you obtaining a Fiance Visa then the USC sponsor should be able to do it themselves potentially with advise and guidance from this group. In fact, unless there are significant complicating issues most people on this site can relate stories where lawyers have made the whole process more difficult or take longer. The members here are incredibly helpful and all donate their time and knowledge in the pursuit of helping those need assistance with the immigration process. That said they will all be quick to recommend that you consult an attorney when they feel that the issues require it.
  12. She moved to the USA in 2008 so I agree with you that she does not need the Annulment process *IF* she is also now a US Citizen which seems likely but not necessarily true. Also, not sure if the timing of her divorce in 2012 relative to her citizenship status is relevant. If she was divorced prior to becoming a USC can the recognition of foreign divorce still be processed in the Philippines if she was not a USC at the time of the divorce?
  13. As for taxes... Absolutely something that needs to be considered.. I don't pay US taxes as I don't make enough to exceed the generous overseas income exemption (yet).. But that's because I have non--US income and have have legitimate residence overseas. I expect that he pays US taxes. So it doesn't specifically speak to domicile but if he's paying and not taking an exemption then I think that's further evidence of US domicile. It is truly a shame how US Immigration works in regards to those of us who have lived outside the USA for years with our spouse and then potentially have to move back to the USA on short notice and have to leave family behind for 1 to 2 years. Used to be that DCF would make that easier but... Alas no more. I absolutely positively always advise being 120% honest with the US Government. Any attempt to deceive the Gov. carries with it a HUGE risk.
  14. "what you did was deliberately game the system to mislead them as to where your domicile was -it was neither your principal residence and where you planned to continue living, " I can understand how what I said could be read to believe that. However, my circumstances was that I was returning from the a temporary assignment overseas with the probability of being able to be offered a position back in my overseas location but no guarantees. At the time of my return to the USA I had full employment in the USA and no residence abroad although likelyhood of being able to return. - As far as advising people to circumvent immigration requirements... No... definately not my intent. In this process HONESTY is KING above all else. But in this case.. I do believe that what you posted does mean that the original poster may be able to meet the domicile requirement.. The OP is employed by a US organization and almost certainly pays US taxes and pays SS on US based income, also while the period of time spend overseas is likely greater than that of the time spend in the USA the nature of his time in Indonesia is likely truly temporary. The statements above are OR conditions no AND conditions so meeting anyone of the 3 would qualify for domicile in the USA. His wife if asked if she intends to remain in the USA should as always state the TRUTH. In fact, there is no reason that the OP on his petition couldn't include a written statement explaining exactly what he is hoping to accomplish. She is being denied a non-immigrant visa for having apparent Immigrant intent and there is no logical hope of that decision changing the only logical approach therefore in my mind is to proceed with the Immigrant visa application and then if she decides to return (very likely) then doing so should enable a B1. - Downside? This adds another application to the QUEUE and potentially delays the processing for everyone else a little bit. But I fail to see how this would represent any fraud or circumvention of immigration requirements.
  15. I believe (others can correct me if I'm wrong) that Domicile is not the same as Residence. So a person can have a US Domicile without actually residing there. Things like bank accounts, property etc can be used. Also I believe domicile check is at Interview time not before and it should be sufficient to show intent to establish domicile if not already domiciled in the USA. Much of what I've said above is based on my own experience although that was for a K-1 visa not spousal. My (now wife fiancee at the time) were living overseas and applied K-1 from abroad. They ultimately appoved her visa contingent on me showing intent to establish domicile. If the original poster got this far he should have no problem with the domicile questions as he has US based income, likely a US postal address, US bank account, and other ties to the USA that would likely satisfy the domicile question. In my case we went to the USA stayed less than 3 months, got married there and returned overseas. She then went for her 2nd tourist visa (was denied the first one) and was approved. They asked her why she had not stayed in the USA and she explained that I (the USC) lived and worked now overseas and then gave her the B2 without further questions. Over the years there have been similar posts about people giving up green cards and getting previously denied tourist Visas and while it wasn't a greencard in my case it did work for us. So yes, I agree with @SusieQQQ that the domicile question could be a 'challenge' but I think there are ways thru it because as I said I'm very sure that Domicile does not equal residence and Domicile is 'Easier' than Residence. It's also, in my opinion that they should be completely honest if asked about what they are doing. They don't want to get slapped with a mis-represent for going for a spousal without intent to stay in the USA. Although who's to say that they wouldn't get there on a spousal and she decides that she could make a much better living with her event planning business in the USA.. She'd have that option. Could be great choice! If they are open to it then it makes the whole application better. Certainly it seems immigration seems to think that is exactly what she's going to do.
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