JE57

This is a forum about obtaining VISAs to the USA.  This would not be the correct website to seek information about working in Japan.  If your question is related to a USA visa then please clarify and kindly do so.   While there are many from the Philippines on this forum who can read Tagalog you'll get a wider audience to answer your question if you can post in English.  

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Working in in foreign country from the Philippines requires that you go thru POEA and the place to start would likely be POEA accredited agencies.  Likewise, you'll need skills that Japan needs which may require a course of study or accreditation at TESDA

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4 hours ago, tripsul said:

 

Ok. Thank you all for the input.

I clearly understand now what I was doing wrong and what problems I might have in future. Things in my life will be corrected asap.

 

Now that I understand that there is a big chance that my "continues residency" countrr might be reset if the officer during Naturalization interview will decide so, and I will have to wait for another 18+ months. Any idea of what are the chances that my LPR status will be considered abandoned at the time of the interview?  Will I have lawyers now be involved in my case and represent me during the interview?

 

Thanks 

 

 

My opinion - And it's nothing more than an opinion - is that you wait for the 30 months to stratify physical presence and then do the interview,  At that time you'll be legitimately residing in the USA so there is little to no reason to consider your LPR status previously abandoned..  You then might be approved or you might have to wait another 18 months.  As for your wife applying for a B1 it's probably fine but a safer option would be wait until you return to the USA as again you would then legitimately residing in the USA.   I don't see how a lawyer could help given the material facts of the situation and the stamps in your passport to prove it.     If it comes to waivers or you get summoned before an immigration judge then you would want to lawyer up. 

1 hour ago, tripsul said:

thank you for detailed explanation. It all clear for me about B2 visa now. Again it was very helpful.

 

Could you please go into more details regarding the eligibility for citizenship? I was not planning on applying for it right after traveling, but instead fulfill the 2.5 years requirement of physically being present in the country.

As I mentioned, I never left the country for longer than 180 days, mainly it was 3-4-5 months maximum. Bank accounts, lease agreement, credit card, filed taxes, owned car till recently, maintained drivers license and etc.

what problems I could possibly have during the citizenship eligibility? Could the PR status being lost then. Thanks again.

Three issues.....  Assuming you fall under general immigration you must establish three things to be eligible to apply for citizenship.

a) Physical presence in the USA... Required 30 months (total) of physical presence in the USA in the last 60 months before applying (therefore you might not actually be required to be in the USA for the full 30 months depending on the length of your trips back to USA previously.... Reference this:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter4.html

b) Be in continuous residence for 5 years before application.   This is likely the one that cause you problems.  At your application you will be required to present your passport which will show most of your time spent outside the USA.   While the rule is specifically dealing with periods of absence more than 6 months there is the ability of the office to determine that multiple shorter trips will have been deemed to have broken that residency.  The idea being that the spirit of the law is that you have maintained a life in the USA for 5 years while being outside the USA for other purposes.   Not really what you have done.  Refer to this link...

    https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

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The part of the above that may cause you issues  is this statement:

"An officer may also review whether an applicant with multiple absences of less than 6 months will be able to satisfy the continuous residence and physical presence requirements. In some cases, an applicant may not be able to establish that his or her principal actual dwelling place is in the United States or establish residence within the United States for the statutorily required period of time. [10]"

 If you are denied for this reason you'll need to wait 4 years and 1 day from the time you entered the USA to legitimately reside there to apply.  

c) You must have residence (not physical presence) in the state from which you apply for 3 months.

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You won't know until you apply after 30 months if you'll have to wait an additional 18 months.  Also, although I have not researched it you might be at some level of risk as to have abandoned your green card although since it hasn't happened yet you may well be safe. 

14 hours ago, tripsul said:

Hi everybody,

 

I am USA permanent resident, and we are planning to apply for B2 visa for my wife and young daughter next month.

 

She had B2 visa twice before, but I know that it might be hard for her now to get B2 visa again, since she is married to USA Green Card holder,  but we will try anyway. She will show her strong ties to home by leaving home her older daughter( my step daughter) from previous marriage.

Now, the thing is I am also not living in the states for past 7 years since I got good job back home, but keep my continuous residence valid, traveling to states every  months..

1)When it comes to visa application for my wife,  the question where they ask if she has any relatives living in the USA, does she answer YES or NO. Yes, I am a permanent resident, NO I only live there few weeks a year. I want my answer to be as much honest as possible, so there will be no issues for my wifes immigration process once I become a US citizen.

2) if she answers YES, am I allowed to attend interview with her, and what supporting documents do I need to show?  Do I need to show them the taxes I have files in the states for previous years?

3) Should she indicate that she will finance her trip herself,  or should I include the bank statement from the USA bank with much larger account balance?

4) Anything else you guys think that might be helpful for us to succeeds?

 

Thanks for taking your time and replying.

 

Ignoring the issues about when you will become eligible for citizenship and rather your visits to the US are sufficient to show you have not abandoned your greencard which I believe you should look at carefully and research more thoroughly.  I would suggest you answer yes to the question relatives living in USA 

and then use the subsequent prompt to list your name and relationship.  She can then explain in interview that you actually reside abroad.  Put a *** next to your name or some brief clever indication that there is something more to ask about.  The idea is that appearing to conceal your PR status will be more a problem than appearing to conceal that you don''t actually live in the USA.  Normally at an interview you only answer the questions asked but in this case she should be up front about the fact that you live and work in _______ .   Your primary goal is avoid future problems with her immigration which makes sense and the way to do that is to make sure that she doesn't give any impression of misrepresentation even if doing so costs her a B2.   CO knows your PR status

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In my opinion her stating that her daughter will stay and not travel is a pretty weak tie to home.  People can and do leave children behind all the time in the care of others.

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My suggestion would be that if you live with her and work abroad that you become her reason to return in so much as you can show you have a contract that will necessitate you remaining there.    You then become her compelling reason to return after her trip.   Otherwise house, job, etc is best bet.   With your intent to move permanently back to the USA then  I think her chances are not so good.  But since she's had two previous B2s and apparently not abused them then whatever the compelling reasons were at the time may be sufficient currently as well..   Good Luck 

1 hour ago, IheartAsia said:

Can I just book 2 adult round-trip tickets for me and my fiancee from the states to Philippines? It seems to be cheaper than booking her a one way flight from manila. of course she has never been to the states so I don't if ordering the tickets online be able to discriminate against that.

 

 

No.... Don't do that.... if you do then when she goes to board her flight in the Philippines you will likely find out that the entire flight has been canceled because she was not on the outbound leg.  You can book round trip for her if it's cheaper than one way but her ticket would then be round trip from the Phlilippines to the USA and back with some date in the future....   Then if you don't use the return ticket no big deal.   Although once she gets to the USA you might consider canceling the return to be sure the airline doesn't screw up and report her to the GOV as being on the flight when she wasn't. 

Do be sure that if you choose the marriage route that you are prepared to meet the legal requirements in the Philippines specifically you can refer to this:

http://weddingsatwork.com/how-to-get-married-in-the-philippines-if-you-are-a-us-citizen/

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Suspect you are aware of this but you will need the affidavit mentioned and will have a 10 day waiting period for the license

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As mentioned with a K-1 (Fiancee visa ) you can get her to the USA quicker but she will have to wait for 3 to 6 months after filing adjustment of status (after getting married in the US) before she'll get her work authorization or ability to leave and re-enter the USA.   As stated above a period of transition that if you have time and money can involve lots of exploring the USA together but otherwise likely means your new wife is sitting at home missing you and wondering what she can do.  

4 hours ago, IheartAsia said:

Any recommendations on airlines to use or stay away from? I used Japan airlines last time and was very happy, but I can't any flights from them at the moment.

 

It depends a bit on where your final destination is in the USA.    As far as I know only Philippine airlines will fly you direct from Manila to the USA.  (SFO I think).

Basically any major airline you book will be generally acceptable with the exception of anything that has a leg on a Chinese airline or operated by a Chinese airline.  You can get some great deals on flights to the USA connecting thru Shanghai and Beijing but I'd avoid those mostly because a) China airspace is congested so flights can be significantly delayed and connections missed.   b) China civil aviation prevents the use of cellphones on planes of Chinese airlines by which I mean not even in airplane mode so no pictures, games etc on your phone (a major bummer for me) 

Your most direct flights are likely to be connecting thru Narita.  which should be no issue at all although EVA thru Tiepei is an option and the gulf airlines connecting thru the middle east are options as well although be aware of potential laptop carry on bans on those airlines if that is important to you.  

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You can pretty much book on best price and likely be perfectly happy.    One of my favorite airlines has been Cathy Pacific for that you'd connect thru Hong Kong 

Last consideration would be what airline you might have membership status on.   A couple of round trips to Asia might earn you enough for a domestic flight for free in the future.

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Japan airlines is part of one world alliance so taking them again or other one world carriers (Cathay pacific is one world also) might get you closer to a free American airlines flight in the USA for your honeymoon :--)

14 hours ago, Nitas_man said:

OK we are not doing this guy a solid at all.  Hong Kong?  Noisy.  Crowded.  No.  Now we must vote.  I am dropping Bali and declare that if you are going to do a stopover, do it right and take your fiancé to the Maldives.

 

Here you go.  https://www.tripadvisor.com/Hotels-g293953-Maldives-Hotels.html 

 

I am certain you can flip a coin pick one and get it booked with little worry that you will have a great time.  Have a nice trip, post some pics!

Nothing against Bali and the Maldives and OP has decided to not do a stop over on the way to the USA at all but... Keep in mind that OP has a Fiancee from the Philippines thus Bali and Maldives being tropical destinations would be in competition with places like Boracay and Palawan and lesser know but equally amazing places in her home country which she may not have ever seen or even dared dreaming of seeing.   Further neither Bali or Maldives seems like a destination where-by you could stop there "on the way" to the USA.   As for Hong Kong.... Central Hong Kong is often Noisy and Crowded but there are so many other sides to Hong Kong including some amazing remote (nearly deserted during the week) tropical beaches, over 200KM of scenic, quiet peaceful and wooded hiking trails,  mountain vista, remote islands etc., quiet peaceful, ocean kyacking, rock climbing, Plus all the benefits of a large city and food from all over the world.

Options:   As others have pointed out south Korea becomes a reasonable option for tourism with an on-ward ticket.  Also while you may not be able to book a complete flight from Manila all the way to the US with a stop in South Korea carriers like Cebu Pacific may be able to get you from MNL to S. Korea. 

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Yes, you can lay-over in Japan, and stay airside even avail of an airside transit hotel for a longer layover but then I fail to see much point in that.  

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A better option may be a stop in Hong Kong from which she would be visa free for 14 days and optional trip to Macau as well.  From Hong Kong you have lots of options on how to get to the USA including direct flights to several US airports such as NYC, CHI, SFO, and I think even DFW.  Many cheap flights from MNL to HKG but..... be aware of extra costs for baggage on those cheap flights.   If you are interested in that option feel free to PM me and I can offer you a bit of more specific advice as my Asawa and I live in Hong Kong.  

5 hours ago, Chris Duffy said:

Don't Go to China either.  No Matter what you nationality is.  If for some reason your flight is delayed or something goes wrong and there is no flights within 24 hours then they will kick you out of the airport and put you the next plane going back to your home country.  

 

 

China offers rather Liberal transit visas and up to 72 hours outside of the airport.  BUT... limited by nationality and you'd want to do a bunch of research first as it seems that these transit visa's are always in some state of flux.  

On 10/21/2017 at 12:42 AM, jcon91 said:

Hi everyone, 

Does this seems like a better write up? Thank you.

 

While on a tourist visa in Colombia in May of 2017 I had the pleasure of meeting my Fiancee when I went to the Ruta 55 Restobar restaurant, in Bello, Antioquia, where she was my server. Our relationship developed and continues to develop today. We are currently living together in Quito, Ecuador. In the attached pages, you can find documents supporting our past and current relationship.

Suggest since you are currently living together that when you put this together (the following pages) that you do so together and copy everything you send in.  Done well this gives you a nice momento as well and when my current current wife and I did the same thing we enjoyed very much reflecting on the memories.  If you have more than a few pages you could write a cover letter for that section with an index to each page and a couple words about what each of those pages represents.   All of this is probably over-kill since you live together in Ecuador.  But 'front loading' isn't going to hurt you and might make her interview much easier.

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The bad news.... No she would be refused entry to Japan for anything other than a transit without actually entering the country.   In some instances having a US Visa in her passport may allow an exemption but Japan doesn't appear to be one of those countries.  Good New... her getting a Japan visa with you submitting proof of funds to support travel and that you are accompanying her on her travels and the fiancee visa a proof of relationship seems like it is likely possible. But must be done in advance.

In my opinion that is way too long and detailed for how we met..  It does sound like a good narrative in terms of front loading the application to show proof of real relationship to make her interview easier when it comes time.   So what I would suggest is that the narrative you have written simplify it to something like this...

  While on a tourist visa in Columbia in May of 2017 I had the pleasure of meeting my Fiancee when I went to the ___________ restaurant where she was my server.. Our relationship developed and continues to develop today.  I have included pictures and documents of how our relationship has developed on matured on the following pages. 

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You would then provide whatever pictures, receipts passport stamps etc. that support the narrative that you have written... Good luck in your continued journey and God Bless.

I would suggest Thailand... Jamaica could be a challenge for him to get to given that he could not transit in the USA without a US Visa so the routing could be challenging for him..   Thailand is an excellent choice.  Being it seems that you are from Colorado it might also be an interesting experience to take a snow vacation with him before he eventually ends up in the Snows of Colorado assuming he is not from Snowy India I understand that there is some amazing skiing in India.    Another option he has is Macau he could take flight to Hong Kong and then do a direct transit to the Macau ferry without actually entering Hong Kong.  But I would not suggest 7-10 days in Macau.   So Thailand seems like the best option and would suggest a day or two in Bangkok followed by time in Pauket (so many things to do there) For that matter if you choose Thailand you could include Cambodia as instead or in addition etc.  So maybe meet in Hong Kong and then take onward flights to Thailand, Cambodia, Macau or Maldives etc.  He can't enter Hong Kong but does not need to to transit the airport here.

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Good Luck... 

Let me try to help..... First I think you are saying.... 

1) You are India and your fiancee is the US citizen.

 2) You and your Fiancee are not yet married

3) You would like to know if you had a tourist visa and then got married could you use the tourist visa to go with him to the USA

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If these are not your questions or circumstances please clarify.  

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Here are the answers:  

1)  You apply for a tourist visa yourself.   Your fiancee does not and can not apply for you or on your behalf.  You will pay the fee $160 USD and then the officer will decide if you are eligible to receive that visa or not..  The decision is on rather you can prove that you have reasons to return to your county after your visit to the USA.  Being engaged to a US Citizen makes that much more difficult to prove and unless you have very significant reasons to return to India you will probably not be issued a tourist visa.

2) If your fiancee wants you to come to the USA and you do not get the tourist visa then he must apply for either a fiancee visa (K-1) or marry you and apply for a spousal visa (CR-1).  The fiancee visa is faster to get to the USA whereas the spousal visa takes longer (about 3 to 6 months longer) but is cheaper and allows you to work and travel as soon as you enter the USA whereas the Fiancee visa requires a waiting period before you can leave the USA or work in the USA

3) If you were given a tourist visa and then you got married in India or outside the USA you would be allowed to use the Tourist visa to apply at the port of entry in the USA for entry to the USA.   Rather you were admitted to the USA or turned back at the border would depend on the immigration office at the POE and rather he or she believed that you would leave after your visit time.    In other words you should bring some evidence that you do not intend to remain in the USA.  It is likely that you would be admitted but not a guarantee...

8 hours ago, Usmalyn said:

WHO ARE YOU ????  I WAS APPROVED SPOUSAL VISA. I DID NOT SAY VISITOR. THERE SHOULD BE NO REASON TO BE DENIED TO THE USA. I ALSO SAID THE INTERVIEW WAS VERY SHORT AND HE DID NOT ASK LOTS OF QUESTIONS

Sorry for the confusion... The Original poster was looking to apply for a visitor visa to visit her LPR husband.  I this was her thread to begin with I got confused and though it was the original poster posting back here to let us know she got a Visitor visa.   Sorry I got confused. 

You're wife and daughter should not be required to obtain a CFO sticker to exit the Philippines so long as they have residence permits in Finland and the marriage certificate should help as well but likely is also unnecessary.   CFO is for Filipinos who are exiting the Philippines for the purposes of immigrating overseas.  Your wife and daughter have already immigrated.   In fact, on exit they can submit thier passports at the airport and apply for an exemption to paying travel tax as well.  My wife has exited the Philippines multiple times since we were married and is allowed to exit based on her proof of Residence in Hong Kong despite her not having and never getting a CFO sticker.  

6 hours ago, Usmalyn said:

My interview for very short and not so many questions. I think maybe  it helped  me showing to be very nervous

Are you saying that you were granted a tourist visa?   Praying it worked for you and that even being very nervous that everything you said was 100% honest. 

Do bear in mind that having the visa still does not guarantee entry to the USA.  You will still need to answer questions at the Port of Entry.  While the Visa gives you a good shot you should be prepared for questions as to why are you're  visiting and what compels you leave at the end of your visit.   And again, you must be 100% honest in your answers at POE as you don't want any real or perceived misrepresentations on your file when you later are petitioned for a spousal visa.

Hello,

   Currently my wife and I live abroad and have no plans to move or live in the USA in the near future.   However,  as I look into the future at retirement for myself I'm thinking how she can obtain US citizenship so that she can enjoy the many benefits of such citizenship but specifically the ability to travel on a US passport and avail of my social security benefits should I pass away untimely.   At the moment we are not really interested in leaving SE Asia and don't see that changing in the future.  As such, in retirement is obtaining a spousal visa, moving to Saipan setting up a home and life there for 3 years make my wife eligible for naturalization.   If so can does she have to maintain physical presence in Saipan for 3 years or are we free to travel periodically as long as we spend more time in Saipan (USA) than out of (USA)?    Any thoughts about the viability of this plan would be appreciated.   We see Saipan as a good option as we assume prices, climate, access to SE Asia destinations not the least of which is the Philippines would be much better than Mainland USA.     Thanks in advance.

Hi Jackie,

   K-1 Visa is fne so long as you are both legally eligible to and willing to sign letters of intent to Marry once you arrive in the USA.  The challenge will be proving Paul's domicile or intent to establish domicile in the USA.  The easiest way is for him to move to the USA first and then bring you over once he's established.  However, the domicile question is not pertinent until the interview time which will be some time further in the process.   He need not have physical presence in the USA to accomplish this there are other, albeit at the discretion of the embassy in Manila to accomplish this.  Such as having a job and apartment or living arrangements made.  Speaking of job.... He also has to demonstrate income likely filed on US tax returns that represents at least 125% of poverty level for your household size.  Again, this is another reason that him establishing himself in the USA will make the process easier.   Your pregnancy and having a child already together will present additional questions such as why you are not married and why now are you doing this but these are simply questions which if they have logical compelling answers should not present an issue. 

Overall,  as far as the USA is concerned he is a US citizen, but he has to prove domicile and capacity to support you to bring you to the US on a immigrant visa be that a K-1 or a spousal visa.   Note that usually the K-1 visa is faster than the Spousal visa.  But there is one other alternative you may want to consider and research and that is to get married and file for Direct Consulate filing DCF which might be faster and cheaper than even a K-1.  Since with a Spousal visa you get your green card when entering the USA rather than waiting for adjustment of status and means you can work and travel immediately. 

     Best of luck

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Jan23 -  Others have asked what airlines you are flying and where you are connecting thru.  This is vital information to provide you more detailed information that may significantly help you on your flight.  

   For example -  If you are flying a segment on a Chinese Airline expect that you will not be allowed to use your cellphone at all (even in airplane mode) on the plane. 

                          If you are flying a leg on United and it's an older plane and you are not in business or first you may find that you have no seat back entertainment and they expect that you will download the United App to connect to the movie server on the plane (before you leave). 

                         Some airlines will require you to show a return ticket before you board the plane (assuming you are not traveling on a Philippine passport)

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  Personally I would never travel without cash on me as well as a couple credit cards or ATM cards set up for international withdrawals. 

 The vape kit and supplies present some special considerations.   I assume you've researched this some and are aware that any use in flight will be strictly prohibited. But you are not allowed to put anything with Batteries in your checked bags on most airlines so taking in your checking is the right approach. 

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WIFI on the plan is possible on some airlines/flights but you will almost certainly pay for that and pay dearly for it. 

Power on a plane can be an issue on long flights I like to use SEATGURU website to check out information about the seat I'll be in and that can offer you great information about rather you'll have power, issues being close to the toilet or non-reclining seats.   On really long international flights sometimes the little things can make a big difference. And again this can depend a lot on which airline you are one.  

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   Good luck, have a good trip!

What she is planning is perfectly fine..  In fact, if you file the I-129F once she's in the USA it might actually be easier as you can put together the evidence that you'll use in front loading the application together rather than trying to do so over long distance.  The only cautions that I would give to you are 1) Make sure that she is truthful at the port of entry about the purposes of her trip... DO not ever lie to immigration officials as this could come back to haunt her when she does the interview for the K-1 later.      2) A tourist VISA does not guarantee entry to the USA.  She could still be turned back at the POE so under the circumstances she should bring with her evidence of ties to home country and have a defined timeline of when and why she must return.  

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The officer at the POE will decide how long she is allowed to stay..  It could be only a few days beyond her return ticket or could be 6 months.  You won't know till she goes thru.  If asked how long she plans to stay the longer she says the more suspicion it will raise and the more evidence she'll need to prove intent to return home. 

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Absolutely no problem.   Enjoy your time in Seattle.   The Amtrak trip from Seattle to Chicago is really a lovely trip great way to experience the country.   Make sure to book a sleeping compartment and make sure she realizes that long distance Amtrak trains are not fast and efficient like trains in China.  Amtrak can be many hours late but if you have no scheduled connections on arrival in Chicago then it is a lovely trip.  But she definitely should not expect the experience to be anything like the Chinese trains...