JadeVisa

I'm just wondering. Is it possible to petition a foreign spouse while the American is in his or her country? Could he mail it from there or could a relative do it on their behalf after they've filled out the forms? Just wondering because what if the couple decide to stay together during the process?

USCIS doesn't care where you mail the petition from but you'll want to use a US return address. I take it you are only visiting, not residing in the spouse's native country. If you reside there legally, you may be able to do a Direct Consular Filing for a CR1 or IR1 visa but not for K3.

What if it's the Philippines? And yes, visiting. We'd like to stay together the whole time especially since it seems to be only a few months and we can afford it. And further, where do we send the petition to? What if the US return address is far from the petitioner's actual residence (say, it is a close relative who can receive the mail for them)? Which center do we send it to, the one near the return address or the one covering the petitioner's state?

I'm just wondering. Is it possible to petition a foreign spouse while the American is in his or her country? Could he mail it from there or could a relative do it on their behalf after they've filled out the forms? Just wondering because what if the couple decide to stay together during the process?

My wife had a friend who was in similiar situation only it was 3 years since they had seen each other. Her husband claimed financial difficulty. The CO that she got at the Embassy in Manila was very harsh and said that is ridiculous that anyone can buy a ticket on a credit card and come see their wife and pay off the amount slowly. Also if he couldn't afford the few hundred dollars to pay for the processing of her papers then how could he afford to have a wife. He denied their request. Also, someone suggested getting a lawyer, but if can't fly there how can he afford a lawyer. i suggest serious talk with his employer and I'm sure the employer would let him off for 1 week to go to the interview to explain and show legitimate relationship to the CO

Try finding a legal aid service either in the US or in Manila - there are pro-bono providers of legal help out there, just start googling or looking around to find one. Lawyers in the US also have a duty to do some pro bono work at some point in their careers to make sure justice is available to more than just those who can afford it. It's time to get resourceful if you really want to make this work.

youve gotten good sound advice here...take it...no one is trying to discourage you..they are all speaking to the reality of the real world and how it operates... I know God can do all things yes... But many people dont believe in God...so you have a lot to overcome.... I wish you well... Most consuls care nothing about Love...its all business, and evidence to facts.....get your husband there! My attorney gave me hell for not going to the interview because I couldnt afford it....and now WE TOO are under further review!!!!

Yes, I think getting a lawyer would be a good idea. Also look around for others who've been in similar situations in these boards and see how they've overcome the problems. And of course, pray if you're the praying kind!

And I didn't say others were discouraging the woman who asked. I made it clear everyone is only trying to help. All that I said was she shouldn't be discouraged by what was said because regardless of the intentions, a person in trouble can be easily discouraged by what she hears or reads if it isn't positive. It wouldn't help to make her more nervous for the interview. Anyway, now she has heard various kinds of advice, she knows better now what to do. GOOD LUCK!

Lady, don't be discouraged by what you've been told in this forum. Not that I have anything against others. Everyone here is trying to help. But I just don't see why you should be so worried. Why, is it the sin of the couple to be separated for so long owing to events that were probably beyond their control? Many couples have been separated for years by war, money troubles and other unfortunate circumstances. And unlike you, these may not have been in touch at all. Don't tell me that's reason to believe their marriage is illegitimate or dubious! If they get reunited or still want to after all that time, doesn't that speak volumes about their feelings for each other?

While I have no experience in it yet, and it seems people in embassy are generally suspicious, I don't think you have that much to worry about. Just prove that you have been in constant communication in all that time. Prove this with letters, bank transfers, gifts, phone calls, etc. Also tell your husband to give sufficient explanation and proof of the difficulties he has been having. Show documentary proof. If you have received letters from his relatives, and he from yours, try showing that too to prove that your marriage is legitimate and that others know about it.

You may be asked why your husband did not file the petition right after you married. So tell them why. Or was K3 not yet available then? Or did you have no plans to move to his country at all?

That's my two cents' worth. If anything, your sticking together for this long should be proof of real love being present. Why would you have stayed together for that long (instead of separating and finding other partners) if it wasn't for that?

On the other hand, if he can come for the interview great. Misa is right. But if he can't, still, the fact he is petitioning you after all this time means he is attached to you. If this was a guy looking for nothing more than... you know what, he'd look elsewhere.

Oh, and I looked at your Timeline. Do you mind telling the board what kind of evidence you submitted at first? Why did they ask for more evidence? And what did you provide to be finally approved?

Washington state for American citizen. I'm from the Philippines. Thanks all so much for the info. That's nice about the multiple-entry visa. I think we will go for K-3 now.

Alohaspirit, are you Filipino? I notice those links. Going to check them out. Do I need a police clearance aside from an NBI clearance?

Hi. This is a really nice site. I've been looking at the Processing Times and Timelines for the K visas. It seems to me that the times for each are about the same and what really makes the difference is the time of application, the fiance's country and to which service center it is sent to. Am I right? If so, would it be just as well to marry in the fiance's country? It won't take much longer, would it? I think marrying first would be nicer.