SurferCat

On 9/9/2018 at 7:13 PM, Chris Duffy said:

  Since you are now married you can enter the Philippines on a Balikbayan Privilege, which will give you one year entry into the Philippines. And then after 6 months of staying in Philippines you can file for DCF at the US Embassy in Manila, process takes a few weeks to get approval versus the one year wait for the CR1.

 

Thanks for the suggestion - do you know if I have to be continuously in the Philippines for 6 months? Or if I could register and then leave (to my job in Myanmar) and then return? 

On 9/9/2018 at 7:13 PM, Chris Duffy said:

Do you want to live in USA in the future or stay living abroad?

 

Plan for now is to continue living abroad. The CR1 is supposed to be for those who would like to live in the U.S., hence the request for the visitor visa... 

On 9/10/2018 at 4:13 AM, Jorgedig said:

So you're not actually legally married yet?

Getting married in November - hoping to visit my family in December. 

Thanks for the responses - it has confirmed what I thought... it's going to be difficult to get the visa, but I will try. 

On 9/10/2018 at 8:47 PM, Daniela M_______ said:

Even by a 2 year contract, that would be considered legal residence, under "temporary or permanent" but still legal.

If they view it that way it would be great!

I went to the consular here in Yangon last month to get something notarized for the wedding, so maybe he will remember me and recognize the truth behind our intent. 

Wish me luck!

On 8/23/2018 at 9:46 PM, crono_clone said:

Unless you two are now considered legal residents of that new country you mentioned (which I doubt since you said you only have a 2-year contract), you'd unfortunately still have a tough time proving that he has enough ties to the Philippines to warrant being granted a visitor visa, in my opinion. 

 

USCIS specifically assumes that all visitor visa applicants are going to overstay, and it's up to the applicant to sufficiently dissuade them from that initial assumption. The fact that your husband was able to follow you to a temporary work assignment in a different country tells them that he doesn't have strong-enough roots back home to go back to if they do grant him a visa, on top of the fact that he's already shown immigrant intent by having a K1 visa (even a withdrawn one) already on file with them.  

 

 

We are not getting legal residency in Myanmar, but the "ties" are actually to me (his soon-to-be wife), and we can show the lease agreement here in Myanmar and my contract that lists his name as my dependent. "Temporary" is the only type of contract in my field - international development - therefore, I will never have a "permanent" job... 2 years is actually the typical contract length, with only the highest level positions getting 5-year contracts. But as I don't have a job in the U.S. there would be no reason for him to stay there. Not sure if it will be enough.... 

On 8/22/2018 at 5:46 PM, Cyberfx1024 said:

What country is this "third country" you are referring to? 

 1. He may or may not get approved for a visitor visa that all depends on how much evidence you guys submit with your application. 

 2. Not Sure. 

3. It depends on how much evidence you show that he will come back to that country. 

It's Myanmar - so evidence of returning to the third country would be considered? They always say "evidence of return to home-country" - we can't show evidence that he will return to the Philippines, as he does not intend to, except to visit (unless, of course, the two of us decide to return there more permanently). Would you say that, in that case, applying after we are married would be stronger evidence of returning to Myanmar (me being the "ties to outside the U.S."? 

Another consideration - we are hoping to buy a lot in the Philippines sometime in the next year (but would be really sad if we can't go until after this happens!), but I guess that would be strong ties outside the country, even though it means we couldn't visit my family until next year. 

Hi All,

I have been trying to find information, but it seems that my case is not so common. 

My fiancé and I started the visa process last year, and in June we received an RFE. A few weeks before the RFE came, I got a great job offer in a third country (i.e. not my fiancé's country), and they recognize partners as dependents, so he was able to join me here. The RFE was because I sent the divorce nisi instead of the certificate (rookie mistake, I know). But since we were now living in a third country with my 2-year contract, I knew I would need to withdraw the application. We decided to get married in the Philippines this November (yay!!), since it's not far from here, and therefore (someday) we may apply for the CR1. 

The tricky part is this: I want him to be able to FINALLY come to the US and meet my family this Christmas (they can't come to the Philippines). So here's my question: (1) what are the chances that he will get approved for a visitor visa, (2) how long do we have to wait for the K1 to show as withdrawn in their system, and (3) would applying for the visitor visa be more likely to be approved before or after we are married? 

He is not working here, but he is listed as my dependent on my contract and the lease. 

Thanks in advance for your advice!!

9 hours ago, annaandasbjorn said:

Is anyone else planning on going to their fiance's country to bring the paperwork?  That's what we have been planning so far and since nobody has mentioned that i wonder, anyone anticipate any problems with doing that?  Its getting so close, can't wait for all of us to be back with our loved ones so soon!

Me too! I will go for the interview, and then we'll fly back together (it will be his first international flight, so he's nervous about the interview and the flight!  ). 

I'm glad I have more time to get the financial stuff in order - my accountant took FOREVER to file my 2016 taxes, and I still have to file 2017. I'm self employed, so we will definitely need those at the embassy.

I'm going to see him in exactly two weeks!!! 

2 minutes ago, ChuAni said:

You will be surprised when you get a direct Approval instead of an RFE.

God that would be nice. ha. all this stress and then just coasting through. I feel like every step has a significant roadblock - first it was Jassy's birth certificate that was wrong, so he had to go through a many month long process (almost finished!) to get that changed, now it will be the RFE, then the medical (where he might be required to do a sputum because he had TB years ago). 

Smile... breath... it's not yet time to be stressed. I have to remind myself that I'm allowed to stress about it if/when it happens, but not now. It's not time yet. 

Thanks for the hopeful words!!!

I'm sad. I found out I sent the wrong divorce paper - NISI not absolute (Mass. does not automatically send the absolute, you have to order it). 

At least I know exactly what my RFE will be, and I ordered the document yesterday, so I can send it back immediately. 

My timeline moved back a day! My timeline moved back a day! NOA2 May 11-15 instead of 12-16! 

I'm with Naes - I am (not so cautiously) hopeful it will move back more in the coming months

Just now, EllyNelly said:

Lol mine is the same way!!!! He said he rather ease into the cold... I said oh you just wait 😂 

lol... me, trying to describe cold weather:

"You know how your hands hurt when you hold them in ice for too long? Well, just imagine that feeling without the bucket of ice. Just from standing outside..."

9 hours ago, Brittani said:

Ummm...yeah late June early July

I have missed fiancé's birthday every year except one. I wish I wish I wish the POE will be in June - it's possible if the NVC is the normal 2 weeks and I know the Philippines Embassy is supposed to be quick. That's best case scenario. Worst is September, so I'm ready for anything. 

I'm actually just happy he won't be arriving in the middle of winter - if he got of the plane in January, he might have just turned around and got right back on it !! 

11 hours ago, Kat123 said:

Yes thats the one,i was thinking same thing,i sent only 10 becouse i read somewhere that is enough but we have more to send if they ask...

I only sent 5, but one from each year (2013-2017). I thought it was cute to see us through the years. Probably should have put more, but the guidelines I read said it would be enough...

Thank you! That is really helpful. Now let’s just hope he can find the old records... 

Congratulations! I guess thy didn’t ask for the sputum test? Did bringing the former X-rays help? You said they used the 2017 one - was the comparison the reason they didn’t ask for the sputum?

i am asking since my fiancé had tb years and years ago, but did the treatment and is fine now. We actually don’t know if his lungs scarred or not, though he said he got the treatment pretty quickly so maybe not? Anyway, we are very nervous about the sputum test pushing back our approval by two extra months. 

Your story gives is courage!