JE57

Getting a Master's degree in the USA should not be too difficult once you move there.   If the USA is your future then I''m not sure why you would want to wait two years.   Hope that you don't mis-understand the requirements for a K-1 visa.  To be eligible for a K-1 visa you have to have met sometime in the last two years,  you and your future husband have already met that requirement.   You must sign a letter of intent to Marry.  Also apparently not a problem for the two of you.   Your future husband must make 125% of Poverty level for the household size (apparently not a problem).  You must both be eligible to Marry.  (I.e. you must be able to get a CENOMAR) he must not be married at the time he applies for you (or become married during the process).     The K-1 does NOT depend on you having been in a long term relationship.  If the two of you are sure that this is right then there is little reason why you shouldn't start the process now.  Having him visit you in person again perhaps after your graduation or even the taking a vacation together to a third country would be very helpful in terms of getting approval but the fact that you only met in December is NOT in and of itself a reason to prevent him from apply for a K-1.   Also worth noting there is no reason you can't apply for a tourist visa and see if perhaps you are lucky and get it.   If you are denied then it will NOT reflect negatively on your K-1 visa application as long as you are completely honest in your tourist visa application and interview.   (In other words don't lie or even attempt to hide something or mislead in any way).  Finally note that in the Philippines you'll need (much later in the process) a CFO sticker in your passport.  CFO will likely require either parental consent or a letter stating parental guidance depending on your age and assuming you are less than 25.  In that sense, it means that to get out of the country you'll likely need your parents consent or at least cooperation on the Philippines side so make sure your parents are involved and know of your plans.  If they put you thru school and want you to get a Master's degree then you'll have to convince them that by going to the USA and getting your MASTERs there that you are not only leveraging your education that they provided for you in the Philippines but that you will have much better economic prospects in the future.   In short keep your parents involved is my humble advice.

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Again, your boyfriend could start the K-1 application tomorrow if he and you agree that is the path you want to take and you should be able to pursue your masters in the USA and pursue online course work that will put you in a better place for doing a masters in the USA while waiting. 

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Just because the relationship is a new one does not mean it can't be a lasting and real one. 

If you decide to take your Master's in the USA then you should start pursuing that now.  There is a possibility that you might be able to get a F-1 Student visa.  However,  you would need to be able to work out how you'd pay for it and your Boy Friend can not be the answer to that.  Since you are planning to immigrate to the USA it seems to make much more sense to take that Master's in the USA as Master's degrees from the Philippines may not be as readily recognized in the US as they would be from a US institution.   Depending on what school you are going to in the Philippines you may find that your Bachelors degree does not adequately prepare you for or qualify you for a Master's degree program in the USA.  Either way it sounds like a K-1 Visa may be your best approach. Start that now and you could be in the USA (If all goes well) in time to start your master's degree in the 2nd semester in the USA.  Note that in the meantime you could look into online course work to supplement or get a head start on your Master's in the USA.   Note that to qualify for a K-1 you and your BF must have proof of having met in person in the last two years.  If you've not yet met in person then I'd say it's time for him to get on a plane and come see you!  It's more fun in the Philippines !  

Unless there are circumstances that you have not made clear I believe you are confused.   The CR1 visa will take anywhere between 12 and 18 months to complete the process if there are no problems along the way.  Once she has and uses the CR1 then she will enter the USA and at that point will be eligible to travel in and out of the USA at will and work in the USA if she chooses to.  She'll get a stamp in her passport on entry that will allow her to do both of these things and her greencard will come in the mail a couple of months later.   If you'd like them to visit in the USA before she gets the CR1 then she'd have to apply for a B2 visa.   She'd need to obtain that based on ties to Peru.  It seems unlikely given she has a newborn and a USC husband that she would be able to overccome the assumption that she would use the B2 to visit the USA and then adjust status when she got to the USA which is not allowed.  She might have an slightly higher chance of success if you'd already applied for the CR1 visa as then at least it shows intent to follow the legal process.  However, again it seems unlikely that she'll get the CR1.  The remaining possibility is that if you live in Peru with her then you may be able to file the I-130 thru DCF if you meet the requirements.... a much shorter process... potentially weeks.... But you must validly live in Peru for this to be an option and if that's the case you should indicate as such as your question takes on whole different tract. 

What country are you applying from?  If you have an accepted job offer in your home country after your graduation you should bring that with you and be sure to mention that in your interview.  I still see little chance of getting a tourist visa given that you must also mention your Boyfriend USC which makes it even less likely that you will return to your home country.  Understand that during your interview by US Law the interviewing officer must assume that you intend to stay in the USA instead of returning to your home country.   It is your responsibility to show significant ties to your home country that would make it likely that you would not stay in the USA.  A recently graduated student going to visit a BF in the USA has little to chance of overcoming the assumption that you'll stay.  All you can do it try though.  The country that you are in makes a difference too.  A country that has had many previous overstays (aka high fraud rate) is nearly impossible often even with significant ties.   All you can do is try though... Good Luck.  Oh and one final word of advice.  On your interview do be 100% honest with your answers.  If you and your boyfriend decide to move forward to marriage and you immigrating in the future any intent to mis-lead or dishonesty on your tourist interview could become a problem on your subseqeunt K-1 or CR-1 interview.   Not saying you wouldn't be honest just reminding you that the penalties for even 'little white lies' can be substantial in terms of future applications

As for your concern regarding entering the country in NAIA - My wife and I travel back and forth to the Philippines frequently.  Since your new president we both feel that there is a whole different feel to the place.  Everything seems ever so slightly more professional and up to International standards.  Sure you "may" be called into secondary at the immigration counters to ask details of why you were in the USA so long without a valid visa to do so but even if that is to happen then you have not violated any Philippine laws and you'd be let thru.  Also being that you've been in the USA as long as you have if you show up with lots and lots of luggage you may be subjected to customs inspection and be required to pay import duty on any items you are bringing to the Philippines that you acquired in the USA.  However,  even this seems unlikely as on our recent flights into NAIA terminal 3 we've arrived at the same time as flights from the USA and we've not seen anybody being asked to have their bags inspected whereas before it was common that maybe 1 in 4 would be inspected.  Since the new administration we've not had any inspection of our bags whereas before about 25% of the time they wanted us to open our bags.   So in summary NAIA seems much better now and I think you can relax a bit about that.    

As for the other items on your list.  As others have said... you can exit the USA with a valid passport.  You will not pass thru immigration to exit the USA like you would in the Philippines..  When you get your boarding pass the airline may verify your passport and the airline may also verify it again at the gate but no immigration on exit.  

If the child support arrears are not known to the state that he or the child's mother resides in then he should be able to obtain a passport.  The only way he'll know for sure is to apply for one.  If he gets it then the two of you can meet in person and then the K-1 sounds like a real possibility.   

Lot's of things in your post let's take them one at a time: 

1) Denial of tourist visa.  Had your BF given you a letter of invitation the prevailing wisdom here is that it would not help and likely would have made it "LESS" likely that you would have been granted it.   If your job does not pay significant amount by USA standards than you could be presumed to have intention of immigrating to the USA thus the denial and the criminal record not yet expunged could be considered reason to 'flee' your home country.  Once the issue is expunged that would represent a change in circumstances and be a reason to apply again given the office mentioned the criminal record. 

2) Your BF has a record.  Not sure what is meant by 'Adulteration with food'  it sounds like he tried to poison her..  If that is the case the question would be rather this would affect his ability to sponsor another for immigration benefits.  It might require a waiver of some sort.  But may not be a problem if it was long ago.

3) The child support past due is a problem.  It would not be sufficient for a waiver of the meeting in two years requirement.  In theory if he has a arrangement supported by the Child support agency to repay then arrears then he should be able to get a new passport but it's equally likely that he'd be denied getting passport because of the arrears and might have to fight it out with the child support collection agency to report the agreement to the state who would then report it to the US Dept. of state.  He should try but with 17,000 in arrears I''m betting he'd be denied a passport. 

4) Him moving to South Africa would depend on his ability to get a passport and sufficient income to continue he child support obligations.  If he thinks he could move internationally and escape child support he is mistaken.  They can revoke his passport and when he crosses a border or eventually needs to renew his passport he'd be headed back to the USA (no Choice) and have to face much bigger problems and possible jail time. 

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Thus, honestly, you have a difficult although not impossible road to be together in the future.   Short of him getting a passport your best option is to get your record expunged and try again for the tourist visa.  The fastest case he get's his passport and you meet in person in either South Africa or some third country.  And I don't usually say this but honestly the two of you have to seriously consider if he can't get a passport and you can't get a visa that this may not really work out for you.  

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Best of luck and prayers 

From a purely immigration perspective this may be OK as long as the work you are doing is not with US clients and could be done by a US Citizen.  However, assuming the company in question is a multinational company with interests or subsidiaries in the USA then your work from within the USA (if a significant amount of time) could result in tax implications for that company and it would be best to consult with your companies HR department before doing a significant amount of work for them.   Also, bear in mind that the purpose of a tourist visa is to VISIT the USA and as such if you spend a significant portion of your stay in fact working then it may raise some red flags on future entries to the USA. 

He will need to provide a US source of income necessary to sponsor you.  And while tax returns are great for that it's not the only proof that the embassy would accept.  A couple pay stubs etc with a letter from an employer in the USA might be sufficient.  He will also need to establish Domicile in the USA prior to the interview.  If he is legally resident in the Philippines a direct consulate filing is a possibility which is a lot short than the 12-18 months that a full spousal visa would take.  However, he would still need to address the income and domicile issue.  The other option to consider is if he has someone in the USA that could co-sponsor.  If he does that takes care of the income issue.  For the domicile issue that will only be an issue at the time of the interview and if he has a job offer and a lease set up the embassy may accept that as proof of intent to establish domicile..  In the worst case he might have to go back to the USA to become established.   BUT... if he's legally resident in the Philippines than abandoning that residence takes away the DCF option which means 12-18 months (likely apart) so proceed with caution on that.   Your Son could, and likely should stay with you in the Phlippines if he has to go ahead since it seems it would be hard for him to establish a life while also caring for the needs of your son.  Finally, he should also file back tax returns..  While it's almost certain that he wouldn't owe taxes it is likely that he has a requirement to file them.  The taxes are not so much an immigration issue as an avoiding future problems issue.

  Good Luck to you,  also be advised that whatever degree he may have achieved in the Philippines may not be fully transferable to the USA.  Often education is cheaper in the Philippines but may be, or maybe seen as, inferior to potential employers in the USA.  

While I stand by my comment that this is a serious discussion you and your future spouse should have there are some other suggestions:

1) If your spouse has the means then traveling in the USA is an excellent option to spend some time after a stressful K-1

2) There are no restrictions on you looking for a job and ascertaining what skills you might need to fill those job roles and there is no shortage of education options to get your skills to a point where you can maybe fill those jobs.

 3) There are likely to be options to volunteer locally

 4) There is the option to join a gym, a church, and meet people in your new community.  There may be local community colleges with all variety of classes..

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And in answer to your question.... Yes, you can start pursuing a degree.  In fact, depending on how much time you have left before your visa approval you may be able to start in Hong Kong at the Open University of Hong Kong and then transfer any credits you earn.   You can't work for money and you can't volunteer doing anything that would normally be a paying job that you would displace a paid worker by doing for free. 

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But, again, this is about your future and the question if asked is likely more to find out about how much you and your future spouse really know each other and have talked beyond the immigration process than it is about trying to trap you into saying you'll be working

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Simple... The answer is the truth... What will you do after you enter the USA?  It is a great question to ask your future spouse.  If your life is defined by working then you'd best not pursue a K-1 visa.  The USA is a big and wonderful place and there is so much to do and explore and adjust to.  But maybe the answer is as simple as I'll be busy planning for the wedding and settle into our home together.   The EAD to allow you to work only takes 2 to 3 months *AFTER* you file for adjustment of status (which is after you get married) so unless you plan to get married within a couple of days of arriving you're looking at 3+ months of not working.  (or leaving the USA) so again best to talk about this period with your future spouse. 

You said a couple of things... Your are only the 2nd man she's been intimate with... .You said she will cuddle with you and that she allows (enjoys) you giving her Oral.  I would suggest a possible alternative narrative here....  She, unknown to herself, and unwilling to admit it is actually a Lesbian and she's depressed because she confused and scared that maybe just maybe she is a Lesbian and doesn't want to be.   It's a bit out there as  a theory but maybe something to consider given what you've said.   She didn't know it when you were with her in her home country either and it was only thru the experience with you that she's learning (reluctantly) that she's not into men.      

Actually your Greencard has a USCIS # which is all that should be required for the form I-407 since that is your A number and your passport entry stamp to the USA also likely has your A-number as well as your visa stamp for the USA

Address would be your address in the Philippines.  It would be better if you could find your A number but if you can not then attach a note to the form that you can't locate it and provide instead any other US Identity numbers you may have such as SSN or Greencard #.   Save a copy of the form you submitted and if you intend to mail the form along with your greencard then see if there is a way you can do so that you get a receipt that the package was received at the US Embassy.  If you are in Metro Manila I think it would be preferable to go to the Embassy and file it.

Ok so it's been two years since you J-1 so even if your J-1 has a restriction that you had to return to the Phlipiines for 2 years that's now passed.  GOOD.

If you are 24 then you won't require parents consent but you may require a letter or proof of parental consultation (although recently it seems that hasn't been required) so long as you have a good relationship with your parents there is nothing to worry about here. CFO can be a pain but you've been thru it once so you know.  

If it's been two years since you were in the USA then I would assume that you've seen your USC future spouse in person SINCE returning from the USA.   You would want to document that as your proof of meeting in person.  If you have NOT seen each other in person since you left the USA then you may have a problem and may need to schedule a time to see each other before you proceed. 

In short, if should be fine for him to visit you.  He should bring with him proof of ties to South Korea as well as proof of return ticket.  He should be honest about his intention of visiting you his wife for 10 days in the USA.  There is always a chance that he could be turned back at the border and denied entry to the USA.  But so long as he has ties to S. Korea and hasn't spent too much time recently in the USA or have other 'Red flags' (like for instance a past overstay in the USA) then he'll likely be admitted on VWP.  

Congrats on your engagement.  Note that based on your update I assume you are the beneficiary in the Philippines and that your future spouse will file the I-129F for you in the USA.  Bear in mind then that it is his or her primary responsibility to put this together and do the research to get it right.   

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As for the specific questions,  proof of meeting is as simple as passport stamps, and/or any other documents that puts you in the same place and same time as your future spouse. So this ideally would include your passport stamps, boarding passes, pictures of you together that show a background that indicates place and time (for instance in front of a movie poster with the movie tickets).   Any documents that you have for your J-1 such as rent receipts etc would also be good proof.   However, having said that what you ideal would do is have your future spouse 'front-load' the petition with evidence of a solid relationship.  There is no place specific that you can do that but use the letter of intent to marry as well as proof of having met in person to accomplish that.   I'd suggest putting together a BRIEF narrative about your relationship,  how you met, some of the things you did together when you were in the USA and perhaps even a couple of key chat logs entries since you've gotten back to the Philippines relevant to your growing relationship.  Ideally you'd support the narrative with pictures, receipts or chat logs.  

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The other thing that you want to do is make sure that your J-1 was not subject to a 2 year live at home rule.  Some J-1s require you to return to your home country for at least two years before you are eligible to file for a immigrant visa or a K-1.  If you have such a 2 year rule you'd also need to pursue a waiver and that would be more complicated. 

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Being that you were on a J-1 I''d assume you are relatively young.  Be aware that there is a requirement (not always enforced) in the Philippines that you may require parental consent or a letter of parental guidance to marry if you are under age 25.   Do look into that.  I believe that comes up at the CFO interview which even though you have a CFO sticker I suspect that further down the road in the process you'd need another CFO for your K-1

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Follow the K-1 guide at the top of the forum it is an excellent resource.  Your USC future spouse can and should print that out and use it for a checklist of the documents required.

First and foremost I'm sorry your Marriage didn't work out and condolences and prayers for your Dad.  As for your questions,  If you do nothing then your greencard will be considered abandoned which is fine.  As for the divorce,  yes, there is no particular hurry unless you fall in love and decide to Marry someone else.  It is important, however, that he be the one to initiate and process the divorce rather than you as it allows you to have that divorce recognized in the Philippines which still requires you to go to court but is much easier and cheaper than a full annulment.    I would suggest that you download for I-407 as boiler suggested and turn in your greencard at the embassy in Manila.  Doing so will give you a better chance ( potentially ) of getting a tourist Visa in the future should you desire such a visa.. 

Hello All,

   Thru the years I've admired how much this community knows and how much first hand experience we've all had with Immigration.   The one topic that repeatedly comes up is the denial of tourist visas for immigrant intent.  With the possible removal of so called 'chain migration' this presents a nearly impossible catch-22 for relatives who simply want to visit their loved ones in the USA.   

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 I would propose to Congress the creation of a new family based tourist visa.  This visa would allow Family members to come to visit relatives in the USA but would have a couple of per-conditions.   1) It would be a sponsored visa whereby the family sponsor would be bonded to support the costs and a penalty if the family member did not leave in validity time of the visa.   2) Adjustment of status from said visa would be dis-allowed. 

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I welcome comments on this suggestion and believe we as a community could come up with a legislative solution to the often problematic issue of family members from poorer countries not being able to get permission to visit their immigrant family members in the USA

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To obtain a Tourist Visa to the USA she must prove significant ties to either her home country or her country of residence.  In other words, she has to prove that she has a legitimate reason to LEAVE the USA after her visit.   She can apply in China if she likes as she has a valid residence there.   However, she (and you) should not get your hopes up.  She has demonstrated that she has no significant ties to the Philippines by nature of the fact that she's working in China..  Her best hope is that her Job in China is of such importance (and Salary) and that would have a very compelling reason to return to it.  If the job is a low paying (by US standards) service job her chances are almost ZERO.  There is no harm in her trying.  A denial does not count against her if you subsequently apply for a K-1 (Fiancee Visa) for her.    If she does attempt it then Advise her that she must be 100% honest with the application and the interview.  Any attempt to obtain a visa thru playing loose with the truth could have very serious complications for the two of you if you decide to move toward marriage and her immigrating to the USA.  

There is nothing YOU can do to improve her chances.. Any attempt on your part to provide something like an 'invitation letter' is likely to hurt her chances more than help..  

In my opinion, it would be much better for you to travel to her..  The $160 application fee could be used instead for hotel costs or several nice meals out..  Also depends a bit on where she is in China as to how far she'd have to travel to get to an Embassy or Consulate for an interview.   Could be a LOT of travel in a country as big as China.

Family in Philippines uses PLDT (although not fiber as fiber is not available where they are).  One issue I have is that the router only allows a maximum of 5 devices to connected at one time.  Perhaps for Fiber it is more generous or the OP has the tech ability to configure beyond that but be aware when my wife and I get to the Phlippines we constantly end up getting disconnected because of the limit.  

I use SKYPE for calls to the USA (it isn't free but it's not expensive).  You can configure it to show a phone number of your choosing for callerID.  You can also purchase a US phone number subscription $18/year and then you could forward your home phone to your skype number and you could do the same thing with your mobile phone.  That way anyone calling you in the USA will ring Skype on your mobile.  Perhaps magic jack and other solutions mentioned above offer the same options.  Depending on who you work for if you don't want your company to know that you are working remote from an international location and you have to login to a corp. network I'd suggest that you also sign-up for a reliable VPN that would allow you to make your IP address appear to be in the USA.     All in All not sharing the information about your international trip with your employer sounds like a particularly bad idea that could put your company at risk of tax penalties and potentially expose them to  other legal risks such as export violations of Intellectual property depending on the industry..  I suspect also that should then find out that you could be dismissed for intentional deception so I recommend to consider carefully rather the benefits of your planned deception outweigh the risks    

As I mentioned before,  if she will not go see a marriage counselor with you then you should go by yourself.  Keep searching until you find a professional to help you so that you are getting professional advice to help your wife and yourself get to a happier place for both of you.   My prayers are with you.  God Bless you and your wife. 

A couple of thoughts. 

1) You said there was no physical intimacy at all and you lead with the concern that you've not 'slept together' in 2 years... But my question would be why would you want to ?  If there is no emotional intimacy between you (and it sounds like there isn't) then you could get what you desire physically elsewhere.  Therefore the real concern in my opinion should be the lack of a real marriage.  You say she went home to the Philippines twice since she's been here but have you considered or taken vacations together?

 2) You seem more than willing to talk about it with her,  with a counselor with clergy etc.  but she isn't.. Perhaps it's an unfair generalization but my experience is that women from the Phlipiines (and perhaps men as well) don't generally do well talking thru such things. (culture difference coupled with insecurity)   It is extremely hard and puts them in a position of feeling very venerable and can be terrifying.  This would be even more true if she has something she is ashamed of or insecure about.  As such every attempt to 'talk about it' might be perceived by her as an attack rather than the loving gesture that you intend it to be.  

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You've said she does do things for you and that is a positive sign. She has not said no to a firmer mattress that too may be a good sign.  For sure, I think there is a good possiblity that she used you to gain status in the USA but she's got a 10 YR green card and you're still on the hook for supporting her even if she left.  She's come back (twice) from the Philippines which may or may not have been for money.  To your knowledge she's not looking to go out to bars/night clubs or browsing personals looking for someone else so while I am suspicious of her motives some of the classic signs are, apparently missing.  

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If she really did marry you for a GC then there may be some guilt associated with that which is preventing her from truly falling in love with you or hidden secrets tearing her apart that day be day by day get harder and harder to tell you.  

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My suggestion is either take a hardline and say that's it I can't do this anymore in which case your marriage is probably over and you'll never really know or double down on what you've been doing but drop the let's talk about us.  Try the let's talk about what we can do together (where would you like to see in the USA?)  Consider a couples message perhaps see if the physical intamacy issues are you or in general she doesn't want ANYONE touching her.  Set her free... Tell her you love her,  (you obviously believe you do) and that you want nothing more than for her to be happy and is there ANYTHING you can do to increase her happiness

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I know others here are saying divorce and be done with it and on the surface that certainly seems like the right answer but some of the little details like her buying you things, willing cleaning the house not generally it seems giving you a hard time.  Think if while she was in the Philippines if she had to come back for the money ?  She could have stayed out of the USA for as much as 6 months.  My thoughts are that perhaps what you said when you 'yelled' at her caused much more permanent and deeper emotional scaring then you realized and that since then she's built that narative up in her mind and amplified it.  Maybe try to just find common ground/interests even if that's playing the same games or occasionally watching Phlipiines 'SHOWTIME' together.  Consider if maybe if she won't share a bed with you if perhaps she'd share a bedroom with you in separate beds.  My point is there has to be a strong trust and emotional connection for the physical intimacy.  Either something changed when she arrived (i..e. she didn't need to be physical with you because she was in it for the greencard) or something changed emotionally (she felt vulnerable exposed and powerless and has never found the safe space she was in while in the phlippines).  Or perhaps, as scary as it sounds she was abused by someone between your being intimate with her in the Philippines and her arrival in the USA.  A counselor would be good but she's unlikely to go but perhaps you should even if by yourself.   Professional advice to you based on a greater totality of the situation is better than getting advice from strangers on the internet based on mere snippets of information.  Tell her you are going because you love her and are lost and confused about your marriage with her and since you can't discuss it with her you need help.

Good luck!  And God Bless!

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On 1/27/2018 at 6:05 PM, Chris Duffy said:

I did that Beijing route one time, Never again. And never any airplane that has China as part of their name: AirChina, CHinaAir, etc,  They have POS planes and nobody can speak English in China

 

My rule now of days is to take the same airline all the way from my home airport to Manila.  Once I get to Manila I can buy a ticket to any city I want to fly to once I get there.   I used to avoid Manila like the plague, but I now spend a few days there just to rest up and have started to like the area. 

 

Note that you might consider an exception for China Airlines.  It is an airline of the Republic of China (Taiwan) as opposed to others that are airlines of China.  I would agree with you that I living in Hong Kong would avoid any Peoples Republic of China airline (e.g. China Eastern ,  China Southern, Air China) for the objective reasons that a) Due to rules of China civil aviation they are required to prevent you from using your cellphone in flight even in flight mode. and B) Most of the connections to the USA are thru Beijing or Shanghai which are both absolutely Notorious for delays (especially the ubiquitous air traffic control delay that can mean anything at all and you'll never know the true cause of the delay.  Things seem to have gotten a bit better recently with the delays and on the plus side if you have a long enough layover in Shanghai it is relatively easy to get a 48 hour transit visa to get into Shanghai and see the bund.  I just met a couple flying from the USA to Bali that did use that to go to the Bund. 

   As regards the cost of the ticket of the OP in Asia it's common to see airfares advertised as the cost of the airfare alone rather than including taxes and fees which can often exceed the cost of the ticket itself.  It's worth looking at the fine print.