wizzard1663

Thanks for the help Tahoma. I was beginning to feel confident about not needing anything else, but it is good to hear it confirmed.

Now my only problem is when he will have the Visa and Passpport back in his hands, so I know for sure what date i can buy the airlines ticket for. I also dont know how much time they granted him, but apparently he only asked for two weeks on the Visa online application. Assuming they gave him exactly two weeks, I'm also not sure if the two weeks starts when he receives their delivery of the visa or when he enters the US using the Visa.

Because he has a travel visa, he won't be required to undergo the St. Lukes medical. Also, he won't have to attend the CFO seminar, and he won't be required to have a CFO stamp in his passport.

Thanks for trying to help Jaejay

From what I can find on the Philippine website for their department of immmigration, nothing is needed other than his Passport and Visa. It seems as though the other requirements I remember from when my wife came her, including the Medical and something called PDOS, are for Immigrant Visa's for those planning to live abroad. For Tourist Visas it seems there are no additional requirements. I'm still not sure, but that is what I've found from searching on the net.

I don't know if there are any laws in the Philippines regarding exiting the country, but as far as the US is concerned, all you need to enter is a valid visa and a valid passport.

I wasnt sure if i would get better response in the Regional Philippine section, or in the General Tourist Visa section; regardless, do you have any input on what I'm seeking to learn?

This has been posted twice

My Wife came here from the Philippines on a Fiance Visa in 2009, and her unmarried son over the age 21 was approved two years ago on her I 130 Petition. We are now waiting the ten or more years the US Government has as the waiting period for an available visa.

This week her son was approved for a two week travel visa (B1) for a court appearence here in the US. We are waiting the five to seven days it will take for its delivery to his home in the Philippines. When my wife came here on the Fiance Visa, we had to have the Medical Exam at St. Lukes in Manila. I also remember a course she had to take and then forms approved from the Philippine government for her travel out of their country.

Does my Wife's son need anything other than the Visa that the US Embassy just granted, or can he just get on a plan with his Philippine Passport and the B1 Visa?

My Wife came here from the Philippines on a Fiance Visa in 2009, and her unmarried son over the age 21 was approved two years ago on her I 130 Petition. We are now waiting the ten or more years the US Government has as the waiting period for an available visa.

This week her son was approved for a two week travel visa (B1) for a court appearence here in the US. We are waiting the five to seven days it will take for its delivery to his home in the Philippines. When my wife came here on the Fiance Visa, we had to have the Medical Exam at St. Lukes in Manila. I also remember a course she had to take and then forms approved from the Philippine government for her travel out of their country.

Does my Wife's son need anything other than the Visa that the US Embassy just granted, or can he just get on a plan with his Philippine Passport and the B1 Visa?

So he voluntarily handed over the child. You did not mention that initially.

He would still have whatever legal rites he had under Philippine Law that he had before.

As he is there and the child is here and it seems that there was no legal issue in moving the child to the US, the legal rights etc seem moot.

I follow what you are saying, but I'm wondering if a required procedure was bypassed before the child left with the Mother for the US. I find it hard to comprehend that a question wasn't raised regarding who had custody of the child in the Philippines, in the Embassy interveiw in Manila. If she told the truth that the child lived with his Father, I would think the Embassy interviewer would have asked for a signed release by the Father. Since the Father never gave a signed release, it is likely some other fake story line was given. If the Embassy doesnt require a release by whoever had custody of the child in the Philippines, and they go strictly by an approved I 130, then I guess a signed release by the Father wouldnt have been required. If in fact a release was needed, if hey knew of the Father having custody, then the fact that the child is here and the Father is there doesnt eliminate legal rights. Getting away with something improper is not the same as being free and clear.

as far as custody, under Philippine law, the mother would have sole custody.

Chapter 3. Illegitimate Children

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

http://www.chanrobles.com/executiveorderno209.htm

Thanks for the link to the laws of the Philippines regarding Illegitimate Children.

I read through the sections you suggested, and I'm wondering about how authorities in the Philippines would interpret who actually had parental authority. In this instance the birth Mother registered her child in the surname of the Father, even though they were not married. The Father had been living for a number of years with his son, and caring for him, prior to the Mother getting an I 130 approved by USCIS and coming to the Philippines to bring him back to the US. The Father thought he had to give the child up, based on the legal document the Mother produced from the USCIS. He sadly let him go with the Mother, but he never signed any documents showing agreed to give him up. My question is whether the Father truly had legal rights to his child, since the child was given his surname at birth by the Mother and since it was the Father who was raising him and not the Mother.

is the I-134 form really necessary?? because like I said I have no job

My advice is to file a Fiance Visa, and yes the I 134 is still required.

When I went through this whole question of how to get my Fiance to the US, I was told that it is more difficult and takes much longer if you marry her in the Philippines first. For some strange reason that I do not understand, it is easier to bring her to the US if you are not married to her. The K1 or Fiance Visa will be processed much more quickly than the one to bring a Spouse (I think that is called K3)

It has been a very long time since I went through all of the paperwork (started in May of 2008), but I'm sure I recall that the Affidavit Of Support is mandatory. You need to be able to show enough income and assets to prove to the government that you will be able to support your future wife, but I also seem to remember that you can qualify if your parents are listed on the Affidavit of Support to enable you to meet the minimum criteria. I assume they would have to produce the same documents to prove their income and assets that you would otherwise have to provide. Each document such as the 129 and the 134 has two seperate PDF files. One is the actual application and the other is a detailed set of instructions. Just read the set of instructions for the 134, and you'll probably find the section on listing others who will provide the support if your data isn't sufficient.

For those of you who read this, the child was raised by his grandmother from birth through age 5 when his Grandmother (my wife) emigrated to the US to marry me on a Fiance Visa. The Son resumed a role as Father two years before the Granmother left for me on a Fiance Visa. The biological mother has a history of financial crime and indications she is a Sociopath. The Step Father has shown pictorial reason to think he may be a Pedofile. The biological mther has reasons from a vengeance standpoint to have brought a son she couldnt care less about to america, only to hurt the Grandmother who raised him and the true biological father. The Step Father of course has his own motives. They cut off all telephone or skype visual communication ten days ago, after the child begged his Grandmother (Mamma) to take him to be with her in america. The true biological father never signed any documents to permit his son to leave the philippines. I'm trying to find out if the mother possibly violated some part of the I 130 process, including the interview in the US Embassy, to get her son here. She admitted to my wife, when seeking her help to get documents for bringing this child to the US, that she originally claimed he had died in childbirth on the Petition that brought her to the US in the first place. She brought another child with her, and told my wife she was afraid to admit her first child was alive and being raised by his Father. We know she lied to USCIS on the Petition that brought her here with the younger child, by saying her first child was dead. Then she petitions to bring the first child to the US, so I'm thinking she had to violate some laws or procedures. Certaily lying to USCIS on the petition that brought her here with her youngest child, by saying that this child (the first) was dead, has to be a violation

What is the legal relationship between the mother and the father?

Were they every married?

Is the child considered illegitimate?

Did your wife legally adopt the child?

Yes USCIS will allow the petition to go forward, as long as the mother can prove she if the mother. Now, how the child's parents to decide to resolve the custody issue is not within the scope of USCIS.

The child will be required to attend the interview for his visa.

the child attended the interview, but the father was never invited or asked for his approval. is it possible the US Embassy would simply let the child go with the Mother, who never had more than an hour of his life in seven years, without any consent by the father?

Add to this that the Step Father was in a picture on facebook in a very short pair of underwear, with a big bulge, bouncing the child on his lap after he arrived in Illinois.

They removed the pictures from Facebook, at the same time they cut off all communication between the child and his Grandmother who he calls Mamma

I guess her son was not married to this girl. Was the fathers name on the birth certificate?

The Fathers name is on the birth certificate.

The Mother never had anything to do with the childs upbringing. My wife raised the child from birth. The only contact the mother had was on his first birthday party. After that she never saw him. I cannot conceive how the Mother could petition the child, who is in the custody of and being raised by his Father, without getting approval from the father to leave the country

What is the legal relationship between the mother and the father?

Were they every married?

Is the child considered illegitimate?

Did your wife legally adopt the child?

Yes USCIS will allow the petition to go forward, as long as the mother can prove she if the mother. Now, how the child's parents to decide to resolve the custody issue is not within the scope of USCIS.

The child will be required to attend the interview for his visa.

They were never married. I guess the child is therefore illegitimate. My Wife did not adopt the child.

I have been a member for a long time,and advice on this site helped me to get through the Fiance Visa process. So once again I thank this entire community for the help we all give to one another.

I need some advice, and hopefully from an attorney or someone who knows the rules.

My wife raised her Grandson in the Philippines from birth through close to age 5 when she came to the US in July 2009 to marry me. We filed a Petition I 130 to bring her unmarried son over age 21 and his two minor children to the US. It was approved immediately, but the wait or an available Visa for this category is a disgusting ten years. We are now about two and a half years into that ten year wait. The childs birth Mother, who abandoned him at birth to my wife, is now livin in the US and married to an American. She did an I 130 to bring her son here, and somehow managed to do that without my Wife's Son's approval. My wife's Son had moved into my wife's house in the Philippines in 2007, and he resumed a role as his Father at that time. When my wife came to the US to marry me, her Son remained in custody of his Son.

Her Son told us he never signed any document that gave his approval for the birth Mother to take his Son from him and out of the Philippines. I looked at anI 130 , and no where does it ask who the father is and if there are any custody issues. It appears as if the USCIS will simply let a Mother petition her child on an I 130 and bring him here, whether or not someone with custody in the Philippines agrees or not. Is this possible? I called USCIS and they said they do not deal with custody issues, and that it is the role of the US Embassy to deal with Custody concerns. Is it possible that when my wife's grandson's mother went to the interview in the US Embassy in the Philippines, to complete the I 130 process, that they dont care if the child is currently in someone else's custody; namely, the true Father? Would the US Embassy have a normal procedure that asks who has custody and if they agree to moving the child out of the Philippines? From what I have heard about this birth Mother, she has a history of pathological lies and might have told the US Embassy the true Father was dead or disappeared. Can anyone shed some light for me on how she could have gotten her son wihtout my Step Son's approval.

Thanks for your help.

10 years is the usual duration of the visa, not the period of entry.

Boiler

I'm hoping I have misunderstood something, but I don't think so. When you say 10 years is the duration of the Visa, and not the period of entry, it seems you are saying the Visa once granted is only good for ten years but you do not have to wait 10 years to get a Visa. My understanding is the Visa once granted is Permanent, but the current wait time for a Visa to be available is 10 years (actually the current wait time for Philippine people is 12 years and not 10). The current Visa Bulletin for June 2010 shows Priority category 2B for people from most countries is far less than 10 or 12 years, but they list four countries they are penalizing. One of those unfortunate countries is the Philippines. When you read the chart on the current Visa Bulletin for those from the Philippines for Priority 2B the current Priority Date being processed is March 1999. By my way of calculation that is a bit over 11 years.

Am I misinterpreting what you were saying, or am I correct?

You are definitely up the creek...

you have to deal with several issues which are very complex, not to say impossible.

I do not think immigration is a likely path for her now... she can not be adopted for the purpose of immigration.

B2 visa is very possible - they can be given up to 10 years, although may be not in every country.

Insurance will not allow you to add her to your plan unless she is adopted. Gardianship is not enough. Even if you miraculously adopted her, insurance may charge you $5K a month - they will not be able to deny her, but they will be able to set up a prohibitive premium. If it is a group plan that you have (predetermined premiums), that may fly, but... you may soon find your employer canceling everyone's insurance once they see the increase in fees for the new insurance year...

All in all, I would think your best bet would be to get a written promise of free treatment from the hospital. With that you would be able to get a B1/B2 visa for her and have her here for treatment.

Rika

Thanks for all the input. I wasn't aware that if we adopted Euan she could not then be brought over as a child under the age 21 of a Permanent Resident. If that is the case, and it sounds like it is, then the most probable path to success is likely cut off.

The problem with the B2 is that the hospital is not currently accepting patients from any areas outside the four specified in their web site. That is why the doctor mentioned us becoming her Guardian in our phone call. He said that if she were a Resident of one of the four countries he could definitely get her into the program. He didnt cut off that avenue completely in our conversation, but it didnt sound likely if she were not legally a Resident of one of the four places. Your input on a B2 being able to be extended for long periods of time is very encouraging. I could likely get her here on a B2 under the category of Visit For Medical Treatment. Now if I could find a place like Shriners that isn't locking out everyone not from the US, Canada, Mexico and Panama (I understand the other three, but why Panama?), we may have a way to help Euan.

Everyone Else who responded

Thanks to all of you. I havent been active on Visa Journey since my beloved arrived here last July. We married immediately, things have been as wonderful as we all hope for, and a full year is almost upon us. When I brought Maria here I didnt bargain for this new Journey, but it doesnt bother me. That is what love is all about.

Carl

B2 Visitor Visa is the obvious route. She will be visiting the US temporarily to obtain medical treatment.

If she is not a foreign national, what is she?

Idol

I'm sorry if I confused the issue. She is a Foreign National. The doctor raised the subject of us being her Guardian, and I assumed he meant adopting her. If we adopted her, then of course she could enter immediately as a child under the age of 21. Then the hospital would accept her as a lawfull US resident, and they would cover all expenses not covered by my insurance (which I would then put her on with no problem). I really dont want to have to go that route. For one thing I am beyond the age of having a young child full time, my house is in a community that I dont think would permit her living in as a permanent resident of the community, and it is frought with a myriad of other problems.

The B2 would work if it could be extended for her whole regimen of treatment. B2 Visas, to the best of my knowledge, are temporary and usually ninety days or less. This surgical, medical, and rehabilitation would take between one and two years.

Basically I think we are up the creek without a paddle, but I hate to give up and just watch her slowly die.

1. I would be VERY surprised if the the system will allow nationals of another Country to come to the US, buy Insurance with no limitations at a massive subsidy to have extremely expensive treatment.

2. So the treatment is available in the Phillipines, the issue is cost? You need top re-read the requirements.

3. I still do not understand how you are going to substantiate how the costs will be paid for when applying for a visa.

American Idol

We are not talking about an insurance company accepting a foreign national. The idea would be us taking her on as our dependent and then legally adding her to a policy we have. I'm not sure that is the route we can or will go, it is just a thought.

The treatment is not available in the Philippines.

Substantiation of the costs being covered is easy. The hospitals own policies indicate they will cover the cost if they accept the patient.

Humanitarian Parole

Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to a compelling emergency.

USCIS may grant parole temporarily:

To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit

For a period of time that corresponds with the length of the emergency or humanitarian situation

Parolees must depart the United States before the expiration of their parole. You may submit a request for reparole, which must be approved by USCISis or her stay in the United States. Parole does not grant any immigration benefits.

Requirements for Parole

Anyone can file an application for humanitarian parole.

You may file an application for parole if you cannot obtain the necessary admission documents from the Department of State

You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures. As noted above, there must be an urgent humanitarian reason or significant public benefit for the parole to be granted

To see if you can obtain the necessary admission documents from the Department of State, see the “U.S. Department of State Visa Information” on the right

Filing for Parole

To file for parole you must:

Complete a Form I-131, Application for Travel Document, and Include the filing fee for each parole applicant

Complete a Form I-134, Affidavit of Support, for each applicant in order to demonstrate that you will not become a public charge

Include detailed explanation and evidence of your circumstances

If you are represented by an attorney, he or she must file a Form G-28, Notice of Entry of Appearance as Attorney or Representative.

All requests for parole must be submitted to:

USCIS Dallas Lockbox

For US Postal Service (USPS) Deliveries:

USCIS

PO Box 660865

Dallas, TX. 75266

For Express mail and courier deliveries:

USCIS

Attn: HP

2501 S. State Hwy 121, Business

Suite 400

Lewisville, TX 75067

You will receive a written notice once we have received your application and again when your case has been decided. If you do not receive a response within 120 business days, then you may contact the Parole Branch in writing at the address above.

If you are currently in removal proceedings or have been previously removed from the United States, you will need to submit your request to:

Department of Homeland Security/Immigration and Customs Enforcement

Office of International Affairs

Attn: Section Chief, Law Enforcement Parole Branch

800 N. Capitol St.

Washington, DC 20536

Reparole Request

We recommend that you file a request for reparole at least 30 days before the expiration date on your Form I-94, Arrival/Departure Record.

To apply for an extension of parole with USCIS you must:

Have received your humanitarian parole from USCIS

File Form I-131, Application for Travel Document, and on the first page write, ‘REPAROLE REQUEST’ in bold letters

Include the filing fee

File a Form I-134, Affidavit of Support

Include current supporting documentation

Include a copy of your Form I-94, Arrival/Departure Record, that you were issued upon parole into the United States

You must submit requests for extensions of parole to the following address:

USCIS Dallas Lockbox

For US Postal Service (USPS) Deliveries:

USCIS

PO Box 660865

Dallas, TX. 75266

Denied Parole Requests

There is no appeal from denial of parole. However, if there are significant new facts that are relevant to your application, you may submit new documents with updated supporting evidence following the “Filing for Parole” procedure outlined above.

Last updated: 04/15/2010

Read carefully

Life's Journey. I just read through the information you provided on Humanitarian Parole. One thing that concerns me is the part about that process not being available to avoid the regular Visa process. My impression from their wording is that it is only available to people for whom any other type of Visa is not available.

Euan is included on the I 130 we filed for her Mother (Luz's 27 year old unmarried daughter). The I 130 has already been approved; however, the waiting list for Visa's for the 2B category for Philippine residents is 12 years. Euan's condition will kill her in far less than that number of years; in fact, if she doesnt have the surgery soon after reaching 5 the continued crippling of her body will compromise her internal organs. So a normal visa process is available to her, but the time will simply not work.

Thanks all of you for your input and help.

sjr09 It is actually Shriner's Hospital for Children in Philadelphia that I have made contact. Their web site, as the one in the link you sent for California, has the following statement limiting participants:

The service area of Shriners Hospitals for Children® includes the United States (including Puerto Rico), Canada, the Republic of Panama and Mexico. As of April 2009, we are temporarily not accepting new patients residing outside of these areas.

I said five countries but it is actually four as you can see, with one of the countries being our own. They are not willing to help the rest of the world. I contacted the one in Philadelphia because one of their surgeons has been helping kids born with a relatively rare disease that cripples them. I found the name of the doctor from a story on a web site devoted to a young girl who was saved by this doctor in Philly, so I just mailed a letter to him asking for help.

Boiler. The reference to insurance is because the Shriners is changing their policy as of this August. Historically they asked for no payment, whether or not there is insurance involved. Now they will be wanting to bill an insurance company; although, the physician said that they will still offer to cover the deductible, copays and coinsurance. He said if there was no insurance they would still consider the case. I only found this out today when he called me in response to my letter, so I'm not sure how that will play out in our situation. If I end up somehow bringing her here with us as her Guardian (whatever a guardian is), I suppose I can then add her to my insurance. With the new law going into effect as of September in the US, no company can deny a child regardless of pre existing conditions. Unfortunately adults dont get that reprieve until the year 2014. My work is health and life insurance, so at least I'm up to par on those issues. I'd have the cost of adding her to our policy, but that is little to pay to save her life.

Life's Journey you have been wonderful. The information is extremely helpful. The issue of the care being available in her own country would possibly be a sticky one; although, I'm fairly confident we could overcome that one. Her birth defect is a rare one, so there are limited surgeons internationally who can help these kids. The guy in Philly is one of them. In the Philippines, unless the family has significant resources, there is no medical/surgical treatment available except at the so called Charity Hospitals. I've been in one and didnt even recognize it as a facility for medical purposes; nevermind, having surgeons capable of the techniques needed to save this kid. The family is devoiod of any financial resources, so the Charity Hospital would be her only hope.

Why isn't the Medical Center helping with this process if they are taking her on as a Humanitarian Case?

The medical center used to take kids from all over the world and cover everything completely. A little over a year ago they reduced the available spots to children from only five countries, and the Philippines are not included in that list. The doctor is the only contact I've had so far, and he called me today indicating a willingness to push to have Euan accepted for treatment; however, he knows nothing of immigration and that whole process. He said that since she is not from one of the five countries, we would need to bring her here with us as her Guardian. He said the hospital now wants to bill insurance companies, if they are involved in coverage, but that the hospital agrees to cover all deductibles, copays and coinsurances. So we would have no cost, other than bringing her here and covering her expenses (non medical) while she is here.

Does anyone know how i can find out about Humanitarian Visas. Can you point me to a page in a web site.

Carl

the only thing I can think of is a humanitarian visa, but she cannot live in the US, only for the surgery and recovery, then she has to return to the Phillipines.

Can you point me in the direction of information on a Humanitarian Visa. I haven't seen reference to that on the Dept of State web site. I found reference to a Temporary Visa for Medical Treatment, but it seems as though that is a very short term visa. Euan will need multiple surgeries and rehab, and the doctor I spoke with estimated total time frame to be between one and two years.

My wife arrived in the US on a K1 Fiance Visa last July, and she received her Green Card many months ago. She Petitioned her two unmarried children both of whom are over the age 21, and each of them has two children. Both Petitions were approved in less than two months, however I then found out the quick approval is totally meaningless; since, the wait for an available Visa is currently 12 years for Philippine people with 2B priority.

One of her daughters children is a 5 year old girl named Euan. Euan has never stood up, and has very severe spinal deformities. These deformities if not surgically repaired soon after age 5 will cause her ultimate demise due to organ failure. Now I have a surgeon from a renowned institute here in the states willing to convince his Medical Center to accepte Euan and save her. The problem now is how can I get her here? We can't wait 12 years; she will be dead way before that.

Do any of you have knowledge that may help us.

Thanks as always,

Carl and Maria

I called USCIS and asked this exact question about sending the Petition now (when my wife has only a Green Card), or waiting until she ultimately has Citizenship. They said to apply now because it gets you into the system and processing much sooner. Once the Petitioner's status changes to Citizen, the Priority is automatically updated.

the only way you could have filed for them is if they were under 21. If you when you filed the K1 for your wife, they were already over 21, then you. and you are correct, your wife is the only one who can file for them.

Thank you for easing my sorrow. I thought for a moment, after reading a slightly older post, that I messed up royally in advising my wife to send the I 130 Petition.

This is so horrible. I find it hard to fathom that our country keeps a Mother and her children seperated this way. In essence they are saying she is crucified for marrying me. She must live forever apart from her children nine thousand miles away for committing the crime of being my wife. I realize twelve years isnt forever, but it fits into a similar category.

I wish there was some way I could get them here legally, in a way that is silgnificantly faster than the twelve years.

I just posted, and received a discouraging answer, about the waiting time between I -130 USCIS approval and NVC processing. Then I read a few posts from the past, and I'm wondering if I messed up badly.

My wife arrived on a K1 last June, we married immediately, and she received her Green Card in December. In January I had her file an I 130 to bring each of her two unmarried children over the age of 21 here. USCIS sent a notice of approval April 16. Now I'm learning that her children's category is an F2B, and from the Philippines that means around twelve more years.

In a recent post I saw advice given by one member to another that the fastest way to get the unmarried children over the age of 21 here is for the spouse who is a citizen to Petition. I didnt realize that I could petition my wife's children; thus, I had her file the I 130. Was I able to petition her children instead of her? Would it have made a difference time wise? Is it too late for me to file another petition to supercede the first one? I thought Citizens could only petition their own children, and I know that my wife's children's status will change to First priority when she achieves her citizenship. Could I actually have petitioned them, even though they are not my children?

I also noticed the priority list thorugh a link given in a different post. One truly confusing thing is that for the Philippines an F2B is currently listed as November 1998. The First Priority, which is higher than an F2b, has an older date of November 1994. Does that mean the higher priority is actually worse in time it takes for the children to come here? That makes no sense at all.

Thanks for your help.

Carl and Maria