JE57

If you are disappointed then you are not understanding the responses that you have gotten.   Based on the answer you got at the interview your case has NOT been denied.  It may be in the future after the CO further reviews what you yourself imply is a lot of data supporting the legitimacy of your relationship.  But so far all you know is that the CO is further reviewing.  You can see that as a good thing - He didn't deny you at the interview or a bad thing - he didn't approve you and might further reject you.  The letter of support from your future wife's congressman is unlikely to make a difference.  You simply need to wait and pray that it is accepted this time.  Understand that Red flags are exactly that and you have no opportunity to argue with a CO at an interview.  You can say things that will hurt you but at this point you just have to wait and see what happens.. Hope it works out for both of you.   If your visa isn't approved then you have to look at options to get Married and apply for a spousal visa but you and your future wife in that case need to really sit down and try to take a step back and say what would a complete stranger think of this relationship would then believe it is real and if they had doubts what could you do to make those doubts less or make the relationship more believable?   Again to be clear I'm not saying your relationship isn't real I'm say it doesn't matter if it's real or not if the person deciding your fate doesn't believe it's real.   Best of luck hope you get the Visa that is currently in AP

To OP, you have some serious research to do about a K-1 Visa... Read thru the guides here in detail. It won't be fast figure a mimimum of 3 months before she can interview. You don't apply for a K-1 at the Embassy, *YOU* apply for her by sending all the documents into to USCIS lockbox... You'll see that when you read thru the guides. You don't need a lawyer for this and as was said above as long as she did not mis-represent her relationship with you when she applied for a B1/B2 that will have no effect on the K-1. As to where she applies.. she will have to attend an interview prior to departure to the USA. If she'll be in Thailand at the likely interview time with valid residency there that is the embassy I would choose. If she were to go thru the US Embassy in Manilla there are additional requirements... St. Luke's does a through medical which if she's living in Thailand at the time would require additional trips to the Philippines. There is also the matter of CFO clearance from the Gov. of the Philippines. Once she has a VISA to the USA she will need to complete the CFO counseling if she travels to the USA from the Philippines... No such requirement if she interviews and departs to the USA from Thailand. Good luck on your Journey sorry she won't be able to join you in the USA for Christmas.

I guess my advice would be a bit different... I find that Asian culture differs significantly from American culture. And these are vast generalizations so only you know if it applies to you or not...I have observed that while Americans seem to want to talk things out that Asian culture seems not to be that way. I think perhaps you may need to spend some time explaining gently and carefully why you care and re-assuring her that you love her no matter what skeletons she may have in her closet. You don't necessarily need to exhume those skeletons and you certainly don't want to cause her pain reliving past hurt or shame. You simply want to be sure that there is nothing in her past that is going to haunt the two of you going forward. Definitely you can explain about the TB test as she may not be aware of it. You also can let her know that you love her and that you want to make sure that she gets the best care possible. If she can't talk about past medical conditions cured or not then the next disagreement could well come when she gets to the USA and you suggest that perhaps she should have a Pap smear.. Naturally there are many logical reasons for her to do this but she could easily see this as an indication from you that you think there is reason for risk. I don't think this is a single conversation but I do think you need to reach an understanding that it's perfectly valid for some things in each of your pasts to be off limits but that secrets that could affect the course of your future need to be discussed without a feeling that if might cause fissures. Not sure how you asked her but asking if she has any diseases may have been interpreted as lack of trust on your part. Her saying don't ask me about this again may not have been a complete closure of that door but definately requires further communication. I'd say you may need more time to work on getting past these hurdles. Imagine how this would play out had she been in the USA and you tried to have this conversation and neither one of you can get the space to separate from the issue. I think this is a GREAT opportunity to practice how the two of you deal with a difficult issue. Good Luck to you!

To OP... Rather you want to go the Marriage route or the Fiancee route all depends on how quickly you want to be together and how much you can afford to pay for various options. I would suggest the following approach... Assuming you want to be together ASAP and are willing to spend a bit more money on the process...Have your future husband file K-1 ASAP.. Pre-load that application with evidence to make it easier for you at interview... Have him Plan to be with you at the interview figure 6-9 months from the filling date. Have him plan to spend extra time in the Philippines on that trip. While you are waiting for the process to run it's course have your future husband search for and acquire a better job... Have him file income taxes for prior years even if the money he made would not have him have to pay taxes... Once he has a better job or is taking steps to secure a better job the chances of being approved with his dad as co-sponsor goes higher. Now... if you are NOT approved plan it so that he can Marry you if you are denied you can then file CR1 immediately... You will have lost only a few months time considering it would likely take a couple of months before you could get married anyway. The disadvantage of this approach is with the K-1 if approved you won't be able to work or leave the USA for 3-6 months after you arrive depending on marriage date and AOS application date and processing time for the EOS card. With CR1 it takes longer to get to the USA but when you arrive you can work immediately. Only you can balance those priorities. If you future Husband does not secure a better job (which should be relatively easy if he's in NYC where the minimum wage is I understand 10.50/hour for fast food) then perhaps his Dad can move him from what sounds like off the books to on-the books and pay him a legal wage with the prospect of future promotions. In any case the affidavit of support is an interview time thing so you can start the process now and work on the finances now to present a compelling financial future case at interview.

Plans change all the time... You say you want to travel the world. There is no reason you couldn't do that with a green card so long as you spend 6 months or more in the USA. Why not apply for AOS and AP and stay in the USA until you get your AP. Then there is no concern about re-entry with your AP. There is no penalty for abandoning a greencard in the future. So long as you maintain residency in the USA you can keep your green card. Generally that would mean spending more than 6 months of the year in the USA but there is also a lot of traveling you can do in the USA as well that would help you meet that 6 months. In the short term it sounds like your best option may be to apply for AOS with AP and EAD and wait for your AP (maybe about 3 months) before you leave. Later if you leave the USA to live overseas and establish residency overseas with your wife in a 'low fraud' country like France it would in theory be easy to turn in your green card and get a tourist visa or use ESTA again.

Plans change all the time... You say you want to travel the world. There is no reason you couldn't do that with a green card so long as you spend 6 months or more in the USA. Why not apply for AOS and AP and stay in the USA until you get your AP. Then there is no concern about re-entry with your AP. There is no penalty for abandoning a greencard in the future. So long as you maintain residency in the USA you can keep your green card. Generally that would mean spending more than 6 months of the year in the USA but there is also a lot of traveling you can do in the USA as well that would help you meet that 6 months. In the short term it sounds like your best option may be to apply for AOS with AP and EAD and wait for your AP (maybe about 3 months) before you leave. Later if you leave the USA to live overseas and establish residency overseas with your wife in a 'low fraud' country like France it would in theory be easy to turn in your green card and get a tourist visa or use ESTA again.

Plans change all the time... You say you want to travel the world. There is no reason you couldn't do that with a green card so long as you spend 6 months or more in the USA. Why not apply for AOS and AP and stay in the USA until you get your AP. Then there is no concern about re-entry with your AP. There is no penalty for abandoning a greencard in the future. So long as you maintain residency in the USA you can keep your green card. Generally that would mean spending more than 6 months of the year in the USA but there is also a lot of traveling you can do in the USA as well that would help you meet that 6 months. In the short term it sounds like your best option may be to apply for AOS with AP and EAD and wait for your AP (maybe about 3 months) before you leave. Later if you leave the USA to live overseas and establish residency overseas with your wife in a 'low fraud' country like France it would in theory be easy to turn in your green card and get a tourist visa or use ESTA again.

Plans change all the time... You say you want to travel the world. There is no reason you couldn't do that with a green card so long as you spend 6 months or more in the USA. Why not apply for AOS and AP and stay in the USA until you get your AP. Then there is no concern about re-entry with your AP. There is no penalty for abandoning a greencard in the future. So long as you maintain residency in the USA you can keep your green card. Generally that would mean spending more than 6 months of the year in the USA but there is also a lot of traveling you can do in the USA as well that would help you meet that 6 months. In the short term it sounds like your best option may be to apply for AOS with AP and EAD and wait for your AP (maybe about 3 months) before you leave. Later if you leave the USA to live overseas and establish residency overseas with your wife in a 'low fraud' country like France it would in theory be easy to turn in your green card and get a tourist visa or use ESTA again.

I think if OP's fiancee goes to St. Luke's and ends up with a positive Sputum test for some reason that all of his complaints to date will seem minor compared to how he'll feel about the process to resolve that bugaboo!

We put together a package for the I-129F. We had a cover sheet that included a table of contents and put a small number on each page for easy reference. We included pictures that told a story that showed a on-going relationship. Plain paper glued printed pictures to white paper and put descriptions of each picture. The size, the amount (as long as it isn't too many) isn't what matters what matters I think is being able to show a relationship with the pictures. So for example when we took a trip together we included a page with a picture of us together with an identifiable landmark in the background and the boarding passes or tickets on the same page. Our application was approved super fast and although I've not updated the timeline yet the interview for my now wife was extremely easy. Everyone is different but I think if you put yourselves in the shoes of someone looking at this then the more organized it is the better. Turns out it helped us organize it too. Best of luck

That was quite a compelling write-up. The responses you got are what I expect. There is unfortunately too much immigration fraud that occurs and it is easy to say move on, leave him etc. But your story says something different to me. There are hints of hope in your story and hints that perhaps we are seeing only one side of the issue or at least a slanted view of things. *IF* you want to make this work then I think there may be hope. Here's why I say this:
1) You say you've known him for 8 years - this does not sound like the typical marry for a green card situation, clearly you were happy with each other at one time.
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It sounds to me like there is a distance between the two of you that did not exist when you were courting.
He does not sound to me like he is violent. If he is violent that changes everything. But claiming that some customs would say he has a right to hit you if you do not obey is more a statement of fact, (some customs do condone this horrific behavior) than anything else.
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If I try to read between the lines and try to see this from his side I could say that perhaps his side would be:
- You have some beliefs and fears about Islam and are 'looking' for any indication that his beliefs will be disruptive to you.
(He asked you to cover, you said no he dropped it), (His Arab friends at work said...)
- You are trying to change him, manage him
(he needs to take english classes, he needs a better job, etc.)
- Financially you are 'keeping score'
(he needs to help with the expenses of bringing him here, he sends money to home, I provided a car, etc.)
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*IF* you want to save this I would suggest a couple of things:
Refind some common interests and focus on those not day to day things. Things you can do together that make you happy. Talk to a marriage counseler to help the two of you.
Find out what he's doing on his cellphone, see if you can be involved in that too or find out why what he's doing on the cellphone is more interesting than spending time with you.
Take an interest in ISLAM perhaps even talk with a Moderate or Liberal IMAN. My understanding of Islam is that there is common ground with Christianity in the Old testament. You can't be the only couple in the USA that is of mixed religions. Find a way to embrace the best of both religions rather than it being something that devides you.
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BUT ABOVE ALL ELSE.. Think back to who the two of you were and decide for yourself first if it's worth trying to save. I see in your post that you are not ready to give up and though there are signs of problems you also seem to not paint a picture of an abusive, controlling freeloading man with whom you have no hope of a future.
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May God bless you both and may He help guide you to what is best for both of you.

Lucky for you guys that use VWP or easy to get a tourist visa. I, myself, sometimes felt resentful toward people who easily to visit to the US yet still complaining how miserable they are because the process takes so long. I've got refused for a tourist visa back in 2010 - thanks to those who came to the US with a tourist visa, got married, and adjust of status afterwards-. I finally met my then- fiancé ( my now husband) in another country.
Use this premise. I think it is a bad idea using a tourist visa to get married and stay then adjust of status afterwards because of this shortcuts occurred many times make a bunch of hopeful applicants lost their chance to get approved for a tourist visa.
Try to put yourself in people's shoes. The OP's fiancée has a zero chance to get approved for a tourist visa. And she deserves to see her fiancée's country and meet his family as well. Not all people will think America is a land of dreams.

Be aware that for her to get a tourist visa can be difficult. She must prove compelling ties to the Philippines. And the bar on that seems to be pretty high in the Philippines. *IF* she got a tourist visa than she could potentially come to the USA and visit you. However, if she had a tourist visa and was being patitioned for a fiancee (or spouse visa) then to enter the USA and not be turned away at the port of entry she would have to prove dual intent. Meaning she'd have to prove that she had compelling reason to return to the Philippines. (A return ticket is not compelling reason) In fact, to prove dual intent in this situation would be very very difficult. At the core of the issue you have to make a decision... The two of you should pray over rather having a wedding in the Philippines is going to be worth spending additional time apart or not. If your intention is to be together as soon as possible then you want to go the financee visa (K-1) route and if you've met in person in the last two years you can file that NOW and get it in process. Then you can bring everything she needs to sign with you in Dec. If you pray over it and decide a wedding in the philippines is the way to go then plan to be apart for a while and you should plan to go visit her at least once maybe twice during the process. You absolutely can accompany her to the USA as your financee or as your wife if she has the proper visa. If you do that you will be separated at the Port of Entry while they process her so you'll wait for her on the other side. But this should not be a big deal and it's in the future anyway. As another member on this site says as his tagline. This will not be easy... you will not enjoy it. But you can survive the separation and you CAN use it to make your relationship stronger. My advise would be don't just focus on the process but focus on what your life will be like once you complete the process.

Certainly.... yes... read the guides... But... the guides only get you so far. This is a common problem. And in the philippines is can be complicated further. PM me if you'd like more personalized advice based on your situation. Here are my thoughts. K-1 is definately faster (on average) in getting her to the USA but.... consider that once she arrives on a k-1 visa and you get married then she won't be able leave and re-enter the USA until she gets her Advanced Parole which can be 3 months or more. So if you were thinking of bringing her to the USA and then having civil wedding in the USA with a ceremony and reception on a subsequent visit to the Philippines then your looking at adding 3 or more months to your financee visa to celebrate a marriage with her family and friends in the Philippines. With a marriage in the philippines you have to wait to file the I-130 until after the marriage but once approved and she arrives she gets the green card almost immediately. This not only saves money and headaches of an AOS process but also assures her of the ability to return to the Pillipines for family commitments etc. But the waiting time is much longer from the time you are married. Whatever you do, don't make the mistake of having a party that could be mistaken for a wedding before she leaves the Philippines.
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If you are lucky then you file a financee visa and it goes thru really fast (CSC) and she is able to travel to the USA in a couple of months. BUT... You are still looking at her not being able to celebrate with her family in the Philippines until at least she gets her AP/EAD.
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Ultimately without more knowledge of your unique situation I'd say go the financee visa route and agree that when she arrives in the USA that you'll do the bare minimum civil (legal) wedding and as soon as she gets her AP that you'll go back to the Philippines together and do a wedding/reception in the Philippines. I picture a "religious" wedding on a beach at a beach resort with the family and friends all invited to spend the night at the reception. That's what my financee and I hope to be able to do. Although our situation is much different and we may be blessed with the option of living in Hong Kong and avoiding the USA altogether
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One other thing with the Philiippines you need to be aware of... The CFO certificate and Immigration exit processing in the Philippines. She'll need a CFO sticker to exit (this can depending on circumstances be problematic). If she is <21 or the CFO office thinks there is reason to question the validity of your relationship getting that CFO sticker can be a bear! As for exiting the Philippines I've seen questions as to rather phlippine immigration will recognize an AP/EAD card. So if you go the K-1 route with a subsequent wedding in the Philippines on an AP/EAD card do some research and make sure Philippine immigration will let her leave without a green card.
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Best of luck on your Journey and God Bless both of you. Hope you enjoy(ed) your visit to the Philippines!

While what the OP wrote is not entirely clear it is apparent that she is somewhat distraught. I think her post shows a level of distress that shows she is not thinking clearly and is confused. Let's try to see, as a community how we can support her and not criticize her. Let's look at a few of the things in the story:
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OP states that before he left his home country that she made him aware that her feelings for him had changed.. We would assume at that point already had a visa in his passport and would be likely able to use that to enter the USA. If his intent was simply to get a ticket to the USA then he was under no obligation to go to her place. So if we accept that OP is right an there is underlying fraud then we need to think what his intention was in order to best help OP.
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That said clearly OP needs to report that she did not get married but she may want to put together a more compelling story to protect herself.
Further I would urge OP make sure that any such narrative that she writes be well organized and reviewed by one or more 'impartial' people so that she is able to present a factual account rather than an emotional one.
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Not to scare the OP but is it possible that the reason he worked 'like a slave' and came to see you in the first place and looked thru your private stuff is because he was trying to build a case against you for domestic violence on emotional grounds?
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Has he done anything that could be considered abusive to you? (Not advising you to make anything up but if there is anything legitimate report that to the police)
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You say you left your home July 6th, two days before his Visa expired. BUT... that he entered in May. So we can assume that he had until July 6th to enter the USA and then until sometime in Aug to legally remain (3 months in which to marry you from his entry in May). This would all imply that he had time to spend in your house by himself for some period of time. Based on this I'd recommend you change locks, and change all of your passwords, Go to your banks and have new credit cards issued and sign up for a credit monitoring service for the next year. If he is as bad as you imply then you need to take concrete steps to protect yourself.
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As far as he is concerned I'd suggest other than reporting to ICE that you did not marry him and that he is therefore in the USA illegally that you let the other stuff go.
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As for his fate. I would not worry about it as long as he is not a threat to you. Maybe Karma will get him, maybe it won't. But you will remain a victim of his deceit as long as your continue to try to force Karma's hand. Protect yourself and move on and be Thankful that you didn't go thru with the wedding.

Annie,
You and your husband need to seek some counseling. Here is why I say that... You say that he yells at you and tells you are not trying hard enough. You defend yourself as to why you can't do it all yourself. All of this on a public forum. Think of it this way.... Both of you have been thru huge changes and both of you came into the relationship with some expectations that may not match reality. But to be successful you have to have a way to successfully resolve disagreements. Not just resolve but to prevent them from happening. By asking strangers an opinion about rather he's right or wrong you are not supporting your husband you are setting up a you vs. him situation. This will continue to grow and he will likely fight back or push back if he feels you are vilifying him. A priest, a counselor or a truly neutral 3rd party can help you re-find common ground that you must have had to make it this far in the process. This whole process seems geared to maximize the chances of problems. If you can refocus your mutual energies as a couple to achieving success in the face of a process that makes it so easy to fail you'll do well I think. What do I mean it sets you up to fail? Well you spend months and months figuring out how to live together successfully while apart physically... you get really good at it.... too good at it.... You schedule times to talk... you don't bring up contentious issues or discuss them in detail because after all your SO could just leave if they knew *THAT* about you... You focus your energies as a couple on the golden prize of being together... you focus your attention on wedding issues... paper work.. And then it all falls into place... the beneficiary moves to the USA totally uprooting from the life they have know all their lives. Both USC and foreigner have HUGE expectations about how great life will be now that you've achieved your mutual dream. Together you overcame for many what would be an insurmountable obstacle. BUT... do you have new dreams to chase together? Dreams that you can both be invested in and engaged in? Or is it, a case of gee... this isn't what I thought it would be? For the beneficiary it is clearly very hard... He/she, can't work, probably can't drive, doesn't know anyone, this is obvious... For the USC though it is also hard, He/She now has another person with them that is living with them. That 2 hour scheduled Skype call is now a constant living with a person that is at least for the next 4 months completely dependent on you. You can't do what you want when you want without a care in the world. You have to go to Work everyday and worry that your spouse is OK. And your spouse in a financee visa is likely someone you don't really know like you might have thought you did. And the world, VJ included tells you to be supportive and patient and maybe that doesn't give the USC a chance to mourn or reflect on what they too may have lost for the sake of what should be a greater gain. I salute all those who make this work. God Bless all of you on this journey and for those that this apparently isn't going to work for may you have the strength to really figure it out quickly before your lives become almost inextricably entangled. To the OP, you can't leave the USA without AP to get back in. But you can go anywhere in the USA. I'm not suggesting that you leave your Husband, I don't have the information to do that. But if your were not physically with him and you both knew that being together was still a choice than maybe skype could serve as the mediator.

Well... You have more reading to. If you are planning to come and get married and then leave the US after marriage then there is no need to wait for the K-1 Visa. Once you arrive on a US visa you need to apply for AOS (Adjustment of Status) and WAIT 2-4 months to get your permission to work AND your permission to leave and re-enter the USA. *IF* you leave the USA before you get your Advance Parole then you will *not* be allowed back in while waiting for your green card. You *may* not be let in on any other type of Visa either. So, unless you know something that the majority of the members on this board do not know or have other circumstances it sounds like your financee may have petitioned for the wrong visa. That's the bad news. The good news is your plans fit nicely into a spousal visa time line. You could still travel to the USA and get married as planned on a tourist visa (AND THEN LEAVE AS PLANNED). Then file the I-130 for a spousal visa. That takes 12-15 months , sometimes more sometimes less. The advantage is that once you get it you enter the USA and get a green card within a week and have no restrictions on working or travel outside the USA.

Well... You have more reading to. If you are planning to come and get married and then leave the US after marriage then there is no need to wait for the K-1 Visa. Once you arrive on a US visa you need to apply for AOS (Adjustment of Status) and WAIT 2-4 months to get your permission to work AND your permission to leave and re-enter the USA. *IF* you leave the USA before you get your Advance Parole then you will *not* be allowed back in while waiting for your green card. You *may* not be let in on any other type of Visa either. So, unless you know something that the majority of the members on this board do not know or have other circumstances it sounds like your financee may have petitioned for the wrong visa. That's the bad news. The good news is your plans fit nicely into a spousal visa time line. You could still travel to the USA and get married as planned on a tourist visa (AND THEN LEAVE AS PLANNED). Then file the I-130 for a spousal visa. That takes 12-15 months , sometimes more sometimes less. The advantage is that once you get it you enter the USA and get a green card within a week and have no restrictions on working or travel outside the USA.

Well... You have more reading to. If you are planning to come and get married and then leave the US after marriage then there is no need to wait for the K-1 Visa. Once you arrive on a US visa you need to apply for AOS (Adjustment of Status) and WAIT 2-4 months to get your permission to work AND your permission to leave and re-enter the USA. *IF* you leave the USA before you get your Advance Parole then you will *not* be allowed back in while waiting for your green card. You *may* not be let in on any other type of Visa either. So, unless you know something that the majority of the members on this board do not know or have other circumstances it sounds like your financee may have petitioned for the wrong visa. That's the bad news. The good news is your plans fit nicely into a spousal visa time line. You could still travel to the USA and get married as planned on a tourist visa (AND THEN LEAVE AS PLANNED). Then file the I-130 for a spousal visa. That takes 12-15 months , sometimes more sometimes less. The advantage is that once you get it you enter the USA and get a green card within a week and have no restrictions on working or travel outside the USA.

Hello, I noticed you have a long thread in another forum on this site. As you have been advised there it is very unlikely that your gf from the philipines will receive a tourist visa unless she has a very compelling reason to return to the Philippines. This usually translates to Money. So if you have to send her the $160 it is unlikely that she would get approved and you'll be out the $160. Also bear in mind that the $160 is only part of the cost for her. If she's not in Manilla then she'll have to travel to Manilla to do the interview. If she doesn't have a passport she'll need to obtain one. And she'll need money for an Airline ticket, in the unlikely event the visa is approved. Further just to leave tthe Philippines she needs to pay travel tax and terminal fees which is a substantial amount of money. She should advise you of all this. She'll need to show financial means to the USA embassy to support her trip to the USA and if she has that then the $160 fee should not be an issue for her either. All in all I'd suggest you save the money and use it toward a trip for yourself to the Philipines it is an amazing place whith more beauty than you can imagine. Given you said in your other post that you are currently unemployed it's the perfect time to go explore. You can enter the Philipines visa free and stay for up to 21 days. It's much cheaper for you to spend time with her there then vice versa. Go, too the Philippines my friend, enjoy it, soak it in. Just by being there you'll have a much greater understanding of who you plan to marry as you'll have gained valuable insight into where she comes from. If you want to make arrangements I would be happy to discuss further with you. I hope you take the time to really embrace the country that is so much a part of what makes her who she is. Best of luck.