JE57

Good luck with you application and process..  I also applied recently for my wife using the online form.  I found that it helped to have a copy of the printed form and the instructions for that form while I filled in the online form as some things were not as clear in the online questions as in the context of the online form.  I also found that reviewing the 'generated' form before submission was a valuable activity some things like addresses and such had to be adjusted to fit properly. 

4 hours ago, D3vilD0g6582 said:

How long is the typical wait time for interview after receiving the NOA2? Also, my wife is Filipina and works in Hong Kong. Would she go to the US Consulate there in Hong Kong for her interview? Thank you 

After visa approval as per NOA2 then the case get's sent to NVC which has it's own process that can take 6 months before they send it to the embassy.  It's at that stage when your wife will start the process in Hong to get all the documents required by the US Embassy Hong Kong for her interview.  Yes, so long as she is resident in Hong Kong (so long as she has a HKID card she qualified even as a FDH) she'll do her interview there. But unfortunately if you don't yet have NOA2 her interview is likely much further away than either of you might prefer.   

The good news is that with due diligence and meeting the requirements of the embassy was not that bad once you get the letter but will likely require her to make at least one trip to the Philippine Consulate in Admiralty.  Or at least it did for us back in 2015 maybe things have changes we'll find out in about 18 months. And no you can't really do anything in advance.  It's about waiting sadly.

Just filed I-130 for my wife back on Feb 10th.  Current estimates on VJ for approval of I-130 is 12 months.  Then NVC another 6 months or likely more.   As others have said spousal visa is a significantly better visa especially depending on the length of your Marriage as that depends on rather she will be required to go thru removal of conditions on her green card or not.   Since you are already married K-1 isn't an option anyway.  Keep your head-up.  Try to make arrangements to go see her whenever you can.  Also, as I previously also filed for a K-1 for my wife now wife I found that VJ timelines are a little funky.  As you go thru this journey it will be better that your timeline reflects your current one rather than the previous K-1.  The only way I could figure out how to do that was to extensively edit my timeline to remove all the prior K-1 information you may want to do the same. 

There are many wonderful people here who will support you and offer you assistance on your Visa Journey including my wife and myself.  Suggest that you keep an eye on your application and check your NOA1 and see what service center you are at and get some estimates of times based on your service center.  I don't see any indication that any of them would be 3 years so perhaps that was a typo as well.   Would further suggest that you read thru the Philippines forums and try to anticipate any issues or different requirements.  Good luck to you and your wife.  Finally as it seems you previously brought your finance to the US from Armenia and she became a citizen you should be open and honest with your Philippines wife about what caused that relationship to go south as eventually in her interview she may face questions about that. Good Luck and God Bless you and your wife.

This was a bit confusing and I hope to offer others the benefit of my experience.

The online questions and answers are not as obvious as filling out the form directly.  I suggest to print or have the offline form available when filling out the questions to generate the online form.  Things line space for address information on the online questions may truncate that information when populated into the generated form.  As such I also suggest that once you think you have filled it out completely to review the submission where a 'sample' of the online form will be generated.  Check that and modify your answers as required.

The other gotcha was that after submission I waited for a week for the NOA1 but later when I logged into my USCIS online account I realized that my receipt was generated the same day as submission and that the information about the service center was at the bottom of the PDF receipt viewable from the online account.

Finally,  when paying for the application I did ACH transfer from a US Bank account which I'm lucky to have considering I live overseas.  Not sure how a international Credit card would have worked out.   ACH was quick, efficient and free.  

I agree with others that the chances of approval are extremely low but so long as the OP is completely honest there is no harm in trying.  I'll also point out that even if the visa is approved that the OP would likely face rather extensive questioning on exit from the Philippines and potentially be off-boarded as Philippine Immigration may see this as a risk of trafficking.  I strongly, suggest that the OP consider traveling to meet BF someplace else that also requires a VISA that is far easier to get for which a 700,000 Peso job and bank information would make approval of that Visa much more likely and which would raise less suspicions outbound with Philippine immigration.  Consider Japan or S. Korea perhaps?  

Bear in mind that 700,000 Peso a year is a good salary in the Philippines but not even meeting minimum wage in the USA.  Of course, it's unlikely that the US Embassy will even ask about salary. 

As others have said..  Be honest. but be prepared with alternate plans.

3 hours ago, Vermyndax said:

My wife's parents are about to interview for B1/B2 visas at the Philippines embassy in Manila. We can't really decide if they need NBI clearance, police clearance and barangay clearance for the interview process. Does anyone know?

Thanks in advance.

No such clearances should be necessary to interview for a tourist visa. The stated requirements would be required for some immigrant visa's but not a tourist Visa.  Generally speaking they should be prepared to present any ties to the Philippines but only produce those if specifically asked.  Odds are they will not be asked. 

Thanks.  I'll have to go back and see if we can find her A-Number.   And no we are not filing Adjustment of status.  We have lived overseas for 8 years since her K1 was approved in 2015, she used it.  We stayed in the USA... got married there total time in USA less than 90 days.  We thought we'd be staying but then I got a job offer back in current county.  Since leaving the US in 2015 she got a B1 visa and we've been in and out of the USA several times since then but we still live overseas.  I will be forced to retire locally because of my age but will be able to continue working for the company in the USA and will use the 'job offer/transfer' to accomplish the financials to enable me to petition for her.   We did the same thing with the affidavit of support for the K1.

Good Day,

   On I130 application there are sections that talk about rather I've ever previously filed a petition for this applicant.   The answer is I previously filed a I129F which resulted in a K1 visa that was used.  We got Married in the US in 90 days and then left the US and moved back overseas before submission of adjustment of status.  I assume that the K1 visa doesn't count and that only the adjustment of status would have counted.  Am I correct, or should I somehow mention the previous approved I129F.   As a K1 visa isn't technically an immigrant visa rather a visa with Immigrant intent I suspect it doesn't count as a previous petition.   Thoughts?

   Thanks,

    Joe

Confused.  I-130 (online) asks if Petitioner has ever filed for Beneficiary -  Yes.  Filled a I129F for current spouse (I am petitioner and US Citizen), was granted she entered we married we did NOT adjust status and both moved back overseas.  She applied for and was granted a tourist Visa and we've been to the USA several times since.  After getting married she applied for and was granted a US SSN.  We are still living abroad and I'll work with my international employer to get a job offer from the US division of the company I now work for so once I130 is approved will have information and support from current employer (US Division) to show intent to establish domicile and should be able to get by without a co-sponsor.   So to the question... Clearly the answer to the has the beneficiary been in the USA is YES.   Can look up I94 information for last visit but don't believe she has a class of entry as she never got a green card.   The authorized stay on the most recent I94 would have passed (but she did leave before that date).  How do I find detailed instructions for this section of the form ? 

Payxibka has been on this forum at least as long as I have probably longer and perhaps has a better handle on this than I.    I agree that revenue does not equal income.  The devil here is in the details..   you've got your own business, as part of that business you have revenue and expenses and the result of revenue less expenses is income report able to the IRS.   Clearly you have some legal ability to manipulate the amount of expenses to some extent.  From my understanding though once you subtract your expenses from your revenue what you have left over is what you report on your tax forms as income to the US Gov.  That amount you report to the Gov. is the amount of INCOME you have for the year.   If that number is 80K you should be fine.   If you then are able to find 60K plus in deductions that makes your Adjusted gross income lower good for you.   But I am NOT a tax accountant, a immigration attorney or even an attorney of any kind.   I do believe that what the Government is looking for is rather you can legitimately support your new family.   So if your deductions are for example 15% or more of your home being used for your business than that part of your income is still available for support of your new family assuming you have sufficient space left in your house for them to live in.   Likewise with driving your own car.  Apparently you can deduct 58 Cents per mile driven for business. That will wear your car out sooner and you may need to replace it sooner but that money isn't really completely gone.    

Based on your statement for the sake of discussion with 80K income you are not going to have a problem.    Granted I'm basing my opinion on an Individual return but the point is the INCOME you are declaring BEFORE deductions.   So assuming the 80K is listed on your taxes as your income than the deductions shouldn't matter.   Legal deductions to income for tax purposes should be fine.   Although I suppose if those deductions represent real expenses so that your 80K income is actually ONLY in the 20K range then perhaps that might get a 2nd look but it seems like you are doing fine income wise.   Rather you need 1 year or 3 years I would suggest you have 3 years ready.  Over prepared is better than under.  

Perhaps I'm mis-understanding your concern....  Your income would be the amount of income you make BEFORE any deductions.  Your deductions affect your Adjusted income which determines your tax but would not reflect your ability to support yourself and your family.  Therefore you should be able to maximize your deductions without affecting your eligibility to sponsor.     As for the baby.....  The help section of the I-864 says that anyone immigrating or planning to immigrate within 6 months must be included.   Considering you seem to be able to get to 28K pretty easy AFTER deductions I'd say you are probably over thinking this. 

Good Luck,  God Bless and Happy Easter.

15 hours ago, Gregory&Dyn said:

My wife is currently in the Philippines visiting family and is scheduled to return to the U.S on 07 March. She has a five hour layover along the way and it just happens to be in Inchon, S. Korea. 

Can anybody confirm whether or not travel bans apply to transient flyers as well? In the articles I've read, the ban covers tourists with some exceptions for students studying in SK, but nothing that clarifies those just passing through.

 

Many thanks in advance for your answers.

Based on your timeline I would assume your wife is traveling on a Philippine passport which means she should get to the airport super early.  The restriction on travel is in the Philippines and she is traveling to S. Korea with a connection onward to the USA.  This was not specifically mentioned as an exception for Philippine Citizens being allowed to travel to S. Korea.  I believe it should be OK but she may need to sign a declaration.  Again this is yet another example of the Philippines not letting their citizens leave their own country 'for their own good'.  Your wife should check out the facebook group #StrandedPH for more information and could ask the question about her transit in S. Korea there.  When they did this to Hong Kong, Macau and China I believe they also tried to prevent Philippine Citizens traveling on a PH passport from transiting in HK or China.  Seems like PH may have 'learned their lesson' regarding how horrible their treatment of their own OFWs and foreign residents was RE: HK, China, Macau, and Taiwan.   So I hope and suspect that your wife will be fine but based on the article she's in a gray area. 

Well this is an immigration forum so the people here are best versed in providing information as it relates to immigration.  Does she have any thoughts or plans to immigrate to the USA?  If not then this is probably not the best forum for the question..    I have also PMed you

2 hours ago, Spheres said:

Wow thanks for the great detailed response. Regarding A), yes I am young looking for my age but then so is she -- so we still look about 1/2 a generation apart if not a little more.  It doesn't bother me at all, but I don't want it to be an issue for her -- like if it's frowned upon by her family/friends.

   You'll have no problem but ask her if you are worried.

 

Regarding B), I'm not sure her experience 'matters' -- only that it's difficult to believe because she's so beautiful.  It would be like if someone driving a Mercedes told you they didn't have much money... it wouldn't really add up.  But then maybe it's the norm in the Philippines to not date a lot (as you described), or maybe I find her more attractive than other people do? LOL

    I was thinking about this I'd suggest be careful of this line of thinking just because she's beautiful does not mean that she is promiscuous you might offend her if you suggest this.

 

Regarding C), that's good to hear your experience on money issues.  Yes she claims even as a full time worker that she doesn't make much per month.  And she claims she is responsible for food on the table (even though her parents work?).  So I don't really understand the whole thing, but I know I don't want this to become fiscally motivated.  At the same time, I realize that Philippines is very poor country, so I won't judge too harshly.

    If she's not with a college degree or even with one if she's working as a salesperson in a store or something like that she might make 300 to 500 per day even money goes far in the Philippines it's still not alot especially if you she is also responsible for some rent and personal care etc. 

 

Regarding D), that's a bit disheartening to hear that you feel most people lie in the Philippines.  I will have to take that into consideration then, because trust is a very difficult thing to earn no matter what country you're in (this is my first time trying to date a Filipina) -- so if it's especially prevalent in the Philippines then maybe I need to reconsider things.

    Please don't judge a whole country based on a stranger on the internet's ancadotal evidence.  She may be a completely honest person.  Perhaps I've just been unluck in that the people that my wife and I meet have tended to tell some white lies

 

Regarding E), thanks for the tips on gifts.  Yes I had planned on bringing some small gifts for the family, or at least purchasing them when I land there.  Wouldn't it just be easier to buy the chocolates in the Philippines rather than taking a suitcase full of it?

    For some reason the exact same chocolates brought from the USA are much more valued 🙂

2 hours ago, Spheres said:

Again thanks so much for your thoughtful response!  It's much appreciated, as I am too old to have my heart broken again LOL.

 

 

1 hour ago, Hank_ said:

That suggestion for a divorce in Guam made me laugh .. Guam is a U.S. terrority ..    

 

 

Glad you are finally seeing the light at the end of the tunnel!

Yeah anytime someone in this forum asks about annulment in the Philippines someone always seems to say oh go to Guam and get a divorce in 7 days aside from the Unlikely US visa I've never seen anyone post Yeah that's what worked for me ! 

My wife is in the process of going thru it now.   We are using, De Borja Lamorena and Duano.   We have been happy so far.  We are approaching 2 years at this point and are finally seeing a potential light at the end of the tunnel and we consider it fast.  They had a payment plan for the initial fee which I think was 350K pesos.  We paid monthly for 10 or 12 months and they started the process while we were making the payments.  Then there are court appearance fees, Phys test fees etc.  We are happy that there has been no 'grease the wheels' payment suggestions made. We had read that anything less than a year requires an Appellate court to review the decision which you don't want.  Also make sure you have a talk with your future wife.  It is a long process, it can be emotionally exhausting as she will be required to dredge up all the bad stuff from her marriage and may have to endure the implication that the marriage was always valid and that no matter what he did it was her fault that they were not together.  Also, as others have said it is not guaranteed.  To be granted you have to convince the court that the marriage was never valid in the first place.. There are reasons that are easier such as the person who performed the wedding was not legally allowed to do so or that she was less than 18 at the time without parent permission but most of the time the argument is that one of the parties was physiologically incapable of fulfilling the requirements of the marriage AT THE TIME the marriage took place. If she's the one that was physiologically incapable then she may face another Physiological test after the annulment at St. Lukes medical to prove that she is not still Physiologically incapable of marrying you! (I guess that's usually a formality but it's another potential snag to be aware of)   So you could wait for usually 2 years and then have the court reject it.   And ideally this will all be a complete and utter surprise to her husband otherwise you have the possibility that the court will find that the parties colluded and at that point it's either no go or a lot more lawyer time fees etc.   Also, try to understand something about her Husband.. If he's vindictive, bitter or a money grubber or just a major pita then he could come after you and your GF for adultery while you are in the Philippines.  
I won't go so far as to say that you should re-consider since you love this woman and it's not fair to either one of you that the laws of the Philippines prevent a divorce but you want to make sure that you are both on the same page that this will be a very very long process if you then include the time it will take to process a K-1 or CR-1.   
Others have suggested Guam for a 7 day divorce that would get her eligibility to process the K-1 or get married outside the philippines and process the CR-1.  But I haven't seen anyone on this forum that has ever said it worked for them and there's the whole needs a tourist visa problem.  Hong Kong Divorce is a valid option and many have used it successfully but there is a fairly long residence requirement.  (3 years).  I know nothing about your future spouse but if she has interest / ability to be an OFW in Hong Kong (basically a Maid) then she might consider starting that process as a backup plan should the annulment not work out.  Of course it's 3 years before she could file for divorce 7 months later she'd probably have it and then you start the immigration process.  

The other option you may have is if you have the ability to move to a 3rd country then perhaps you can get her a Visa to that third country as well and then she gain the right for with residency to get a divorce in that country.   You'd have to do ALOT of research on that.  
In short figure before you could live together legally in USA or in the Philippines your probably 2 years out and at the very least 5000+ USD

-

God Bless you and your significant other.  

PM me if you like but I think I've given you everything I have above.

I applaud you for coming here with eyes wide open about the possibility of being scammed.  That does happen in the Philippines but I'm not sure that she is scamming you.   Here are some of my thoughts. 

  a) Age - 18 years age difference if you are the older one as it seems like you are is not uncommon from based on some of what I see on this board and based on what I see in the airports when we are in the philippines.  It is not uncommon for my wife and I to see a couple where he looks old enough to be her Grandfather.  That said I think many Filippinas look younger than they are.   The only reason I'd worry about age is.... 1) If it bothers you or 2) If she is so young that she hasn't yet figured out who she is. 

 b) Sexual experience - The Philippines is a very different place and in fact the provinces can be very different than the cities.  My wife is from the provinces and there it seems to be very conservative publicly.  In fact, I was shocked when my Nephew decided that he asked a girl he liked and hit it off with if he could court her.  That's still expected in some parts/families in the Philippines.  You might ask your Girlfriend about that..  I'll say for my Nephew that went over very poorly because she was from Manila area and the idea of being courted I think scared her silly 😉   In any case, it would be an interesting discussion to have with her about the ethics and morals of dating in the Philippines.  I suspect you might both learn a lot.   As far as her 'experience'  is concerned ask yourself why it matters.  

c) Money - In my experience money has a huge amount of importance in the Philippines and people that are not wealthy do worry about it and frankly have to worry about it.  In the US we often can't comprehend about what not having money in the Philippines means.  In the Philippines if you don't have money your meal might be one meal of rice per day,  you may die from preventable illnesses or you may live in nothing more than a plywood shed..  Many of the social protections that are in the US as a safety net do not exist in the Philippines.  Additionally in my experience money in the Philippines also defines your class and you can get more privileges with money and can be judged as a person based on how much money you have (or don't have).  In my opinion, the scammers are going to ASK for money and come up with a bunch of excuses as to why they NEED it.  That she isn't asking you for money is a good sign.  When you start to here oh so and so needs money for ....... that's when to start thinking twice..

d) Lying in the Philippines --  I'm sure someone will call me out for an unfair generalization and I'll admit that but in my experience a 100% honest person is rare and even more so in the Philippines. From my experience 'honest' lies are told to escape uncomfortable truths.  For example, your Girlfriend might say she's only had one sexual relationship because she's only telling you about the one with the serious boyfriend but want's desperately to forget about a one night stand that she had. Or she might say she's had one sexual partner and she hasn't had any because she didn't want to appear inexperienced.  My suggestion would be that there will be less lies if you set the ground rules that say no matter what the truth might be it's ALWAYS better than lying to hide it..    As your relationship moves forward you may find some truths that as she becomes more secure in knowing that you value  and love her no matter the truth.

e) Family.  Yes - if you fly into the Airport in Cebu then her whole family, might be there to meet you.  While the whole family wasn't there to meet me at the airport when my now wife and I arrived they certainly were in the days that followed.  Family is an AMAZING thing in the Philippines! There were so many people in her family that I couldn't keep them all straight so much so that I actually helped push a railway pushcart on the first visit because I thought I should help out the family member (who as it turns out wasn't actually part of the family at all and got paid for pushing).  But here's the great thing, if she is part of one of those families than YOU also will immediately and completely be part of that family.  Make sure she understands if you are not used to this that you might need some time with just her and make sure you too understand and that her family understands that you are a different culture and that you don't mean to be rude if you want to spend time with just her.  See what she wants let her be your guide.   Oh and while I'm on the subject you might want to ask her about what gifts you should bring.  For the first umpteen times that my now wife and I went to the Philippines we'd bring a suitcase full of Chocolate. We don't do it anymore only because we are so blessed to be able to be there so often that they actually don't consider it a treat anymore :-).  

-

Ok, so this has been really long...  

The Philippines is a radically different culture, even in different regions you have different cultures, cuisines and income classes.  Look at your Girlfriend as your tour guide to this amazing new experience and culture.  Be prepared to embrace the differences.  Yes of course be careful about her intentions and rather she is real but even if it turns out that you determine that she's in it for the money (I doubt it), the green card or something else other than love,  don't consider it as a loss that you spent time getting to know her and meeting her.  You will have learned and experienced so much and as a bonus if it works out you have a future wife.  

May God bless you.    

Oh and in terms of documents...  Save boarding passes, if you go to a show or a movie or anything you get a receipt for save that and take a few pictures of the two of you together with background of something uniquely Philippine maybe the two of you in a jeepney or tricycle.  Get a picture of the two of you holding movie tickets or with her family.   Those not only help with proof of meeting (although the boarding pass is OK for that) but helps you if you decide later to 'frontload' your immigration packet with proof of relationship 'stuff'  more about 'front loading' later in the process pretty much everything else can be done electronically.        

On 12/31/2019 at 4:40 AM, hgl said:

Hey man,

thanks for still being around and helping after all these years.

 

I think when I made this thread back in 2014 I was still waiting for my green card. But in the same year, the GC arrived and was able to meet my GF.

We have been keeping receipts of packages sent from US, flowers deliveries, photos, mails, etc. in the past 5 years for K1.

 

All the best to you in the new year! 

Congrats on the USC.  Glad you'll be able to move forward now but do remember that for K-1 there is a requirement that the two of you have met in person in the two years before you file the form so if it's been a long time since you saw each other face to face you should schedule a trip to the Philippines or even a 3rd Country to meet the requirement.

Note that the Philippines has now banned all inbound travel originating in China, Hong Kong, or Macau and that essentially means that all flights to and from those places have been canceled.  While this should not significantly affect travel from or too the USA I would advise avoiding any flights that connect thru China or it's SARs.  Most airlines have canceled flights until Feb 29th. 

Also if your Significant other is a OFW or Philippine Citizen in China, Hong Kong or Macau it will be very difficult for them to get back to the Philippines or if they are in the Philippines then not possible to get back to Hong Kong, China, Macau as the Philippine Gov. has banned travel by it's citizens to those destinations.  Be careful and aware if you have travel plans in the near future to the Philippines

Note not sure how much you consider a large sum.  But there is a donor's tax in the Philippines for amounts in excess of 250K pesos doesn't matter the relationship between the donor and the receiver.    My wife maintains a BDO account in the Philippines even though she lives outside the Philippines and she could initiate a transfer from that account.   Also BDO has an association with Wells Fargo (Not sure of the details) so that might be something to look into.   You might want to consider Paypal ?   My wife and I have done it the other way from here to P.I. but she had bank accounts on both sides

Last couple of trips to the Philippines didn't even have customs forms handed to us on the Plane and didn't see anyone being stopped to check bags at Customs.  Of course, that doesn't mean be stupid but my wife and I have brought all manor of stuff including last trip 25 kgs of Toblerones.    Knock on wood we've never been stopped in 20+ trips

Unless you are bringing quantities that would justify re-sale then it's all for personal use.   I would be a little concerned about the cheese and would probably skip that although that too would probably be OK.

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.  

15 hours ago, jskibo said:

Unless she dies, or he's a dual national Philippines citizen he won't be taking possession of any Philippines property. Foreigners cannot own land in the Philippines

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.

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