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OZZMOSSIS

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    H4 VISA APPLICATION AS 3RD COUNTRY NATIONAL IN US EMBASSY MANILA

    in Work Visas

    Posted

    Hi,

     

     

    Just a newbie here, i just want to have some opinion regarding my case.

     

     

    i just got email from my US employer  last week that my H1b petition was approved.

     

    I'm planning to apply H4 for  my wife and 2 daughters same time as for my H1b interview/stamping in US Embassy Manila

     

    Here is my  situation:

     

     My wife is an Indonesian national, my 2 daughters (Dual Passport :Filipino/Indonesian)

        

      a.) Can my wife apply her H4 visa here in Manila together with us? As i have read Visa applicant are encourage to apply in his/her Country of Origin?

     - We are legally married here in Philippines for almost 7 years, shes not PR here yet, as I prefer her to stay here  in Philippines using Balikbayan Visa  every time we enter Philippines together( Free 1 yr Single Entry VISA  for Foreigner with Filipino Spouse), due to my nature of work - as i always move around as OFW. If i am working locally here we stay together using Balikbayan VIsa, i'm bringing along them with me abroad if its possible to bring them along with me.

     

     b.) Currently, my family is Indonesia now, my daughter is currently studying there,i just finished a project overseas where i cant bring them along with me.

    - Would it be okay to fill up in my wife DS 160 form our Home address here in Philippines(rather than her  Home Address in Indonesia), even though shes not a Permanent Resident here, but can legally stay here for 1 year if we enter Philippines together?

     

    c.) Is it true that Visa Officer is more lenient for H Visas applying as family rather than applying as individual which they say will be scrutinize more by the Visa Officer?

     

    d.) Is it possible to do simultaneous /separate application in my case, i will file my H1B here in Manila and my family In Indonesia? 

     

    e.) Actually i send an email inquiry to :

    Manila Consular Communications Group (NonImmigrant Visa) of US Embassy and this is their response below:( i just want to make sure before i make my final decision and what are the risks)

     

     

    1st reply

     

     

    "Dear Mr. XX:

    Thank you for your email.

     

    Applicants for nonimmigrant visas may apply outside of their home district at any consular district where they are physically present.  However, it is generally preferred that applicants file their nonimmigrant visa applications at their country of origin where they are better able to demonstrate their eligibility in accordance with existing United States law and visa regulations. 

     

    A third country national who decides to apply for a nonimmigrant H4 visa in Manila must comply with the application procedure and requirements provided athttp://www.ustraveldocs.com/ph/ph-niv-typework.asp.

     

    Rest assured that all visa applications are given every possible consideration consistent with existing immigration law and visa regulations."

     

     

    2nd reply

     

     

    "Dear Mr. XX:

     

    Thank you for your e-mail.

     

    Your spouse and/or unmarried children (under age 21) are welcome to apply for H4 visas.  During the interview, they must present copies of your nonimmigrant H1B visa, I-129, and I-797.  They must also comply with the requirements and procedure detailed in http://www.ustraveldocs.com/ph/ph-niv-typework.asp.

     

    In general, nonimmigrant visa applications will be evaluated under Section 214(b) of the United States Immigration and Nationality Act, which states, in part, that every applicant for a nonimmigrant visa ''. . .shall be presumed to be an immigrant until (s)he establishes to the satisfaction of the consular officer, at the time of application for a visa, . . .that (s)he is entitled to nonimmigrant status. . . .''  This statutory presumption of immigration may be overcome by demonstrating sufficiently strong familial, social, professional, and economic ties to a country outside the United States that would compel return after a temporary stay in the United States.

     

    A consular officer will make a determination of the visa applications during the interview.  Rest assured that all visa applications are given full and judicious consideration in accordance with existing United States law and visa regulations."

     

    Sincerely,

     

    CONSULAR COMMUNICATIONS GROUP (CCG)

    Embassy of the United States of America  |  Manila, Philippines

     

     

     

     

     

     

     

    Any body here with similar situation, on the same boat like mine?

     

     

    Any advise will be much appreciated. Thanks in Advance.

     

     

     

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