TOM&Riz
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Posts posted by TOM&Riz
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If you've done it with a tourist visa and it worked, then you're probably right.
Which is why I suggested he talks to the Manila Embassy, because from what you say, it sounds like they're more lenient with that.
I only stated the general guideline from the DHS which is that tourist and student visas are considered temporary, and therefore not suitable to prove principal residence for the purposes of DCF. We're filing in London and I know for sure that this is the case here.
But then again, I'm sure London is 10 times busier than Manila with DCF cases, which is why they may be pickier and more "by the book" as to who they allow to file DCF.
Hi Christi, yes I have seen where if one states they are in London on a temp basis they have beed denied however the fact and the statute reads...
Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent."
This is direct from the DOS and without regard to intent would suggest temporary or not, if you are in fact phisically living in a country legally and can prove that ... you are in fact a resident and thus able to apply by means of filing direct to the embassy
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but even though she's a potential RN candidate, she still came over here under false pretenses...and that's fraud. she took the easy way to get over to the other side of the pacific while there are thousands like her back home doing it the legit way.
allegedly...
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Well fact of the matter is if the marriage part doesnt work out and it sounds like theres issues, she really doesnt need him for a visa... I mean she is a potential RN candidate she has lot's of visa avenues... something seems fishy here in tuna town hmmmmmm
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Do ask at the Embassy in Manila to be sure, but the norm with US Conuslates around the world is that a temporary visa, such as a tourist one, isn't considered a resident visa (and it isn't), and as such it's not accepted for DCF. It sounds like you'll have to file in the US.
This is the State Department's position on the matter, at which it's made clear that tourist visas aren't accepted as proof of residency in a foreign country:
http://2001-2009.state.gov/r/pa/prs/ps/2007/mar/82030.htm
The fact that you're renting a property in the Philippines is irrelevant to them, as the principal proof they want to see for residency is a residence visa valid for at least six months. As far as they're concerned, you're still a tourist in the Philippines, regardless of renting a place there etc.
No offence Christi but thatr simply is not true, you can file DCF if you "general abode" is in the Philippines, I lived there for a year on a balikbayan visa and filed after six months with no problems the trips you will need to take to the embassy are one visit to St Lukes for a medical that takes two days and one visit to the embassy for an interview everything else is by mail.
Follow the guides above for DCF and if you need further information ask here or e-mail the IV unit at the embassy
This is what we recieved when requesting information from the embassy about residency
Residency
USCIS Manila accepts applications and petitions from an individual who can establish residency in one of the countries listed above. Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent." Residency must be established by the petitioner when filing a petition, or by the applicant when filing an application.
We simply sent a copy of all pages of my passport showing an arrival date and a balikbayan visa, and an affidavit from our landlord and two friends.
Good luck to you on your journey
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Would you file an I-864a if you were intending to move in with your cosponsor on arrival? Or would it still be 864, as you do not currently live with them?
again , NO... the I864A is intended for a co-sponsor that needs additional income to satisfy the poverty limits for example if a husband and wife living in the same household were to be co-sponsors, the husband only makes 12000 per year and the limit is 18000 then the wife could add an I864A for the additional 6000 needed, You would not do an I864A because even if you are intending on being in the same household in the future, you are not now so technically you are separate households now with future intentions of being a single household but DOS only considers current situations with future projections considered on ability to provide future income
here's a link that may help you AFM LINK
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Just a quick question, I hope i will get a quick response back and I know I will, should we sign the prior years Tax returns with the current date or with the date they were filed ?...anybody have any idea or how did you guys do it...???
Fact is, unless specifically asked for, you only need the last years tax return
"(D) Federal Tax Return(s). No matter whether a sponsor submits Form I-864 or I-864EZ, the sponsor must provide a copy or an IRS-generated transcript of the sponsor’s Federal income tax return for the sponsor’s most recent tax year."
source: HQRPM 70/21.1 Adjudicator’s Field Manual (AFM)
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Hi Everyone,
After applying DCF London for a Spouse Visa for my husband, we received the letter entitled "Approval Notice of Relative Immigrant Visa Petition" in the first week of July, it was dated June 23. From what I understood we are to wait for Packet 3 to arrive, which we send back to show we are ready for the interview. We have not heard anything else. Are we supposed to print forms off the website to send them in? If not, is the only way to sort this out to call their expensive hotline?
Thanks!
Well the best thing to do is .... you guessed it... wait, when your petition is approved the case file is sent to a different section of the embassy, it moves from the IV section to the DOS, there is where they are compiling information on the USC and evaluating the potential immigrant, and for all intents and purposes it is when they make the decision if you are approved for a visa or not pending the interview stage.
I know how frustrating it is to wait at this point but patience is a virtue
Good Luck
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I thought California was boycotting Arizona?
Stand With Arizona (and Against Illegal Immigration) The "California Project" continues, with 12 cities having already voted to Stand With Arizona. On Wed., please join us as we look to support Norco, CA in becoming #13. The Council is considering a pro-SB1070 resolution and adoption of E-Verify. We want every city in CA we can to do the same. Be part of this growing movement in CA. Ove...r 1 million people are represented by these cities who stand with AZ.
CALIFORNIA CITIES WHO STAND WITH ARIZONA:
Los Angeles County: Lancaster
Orange County: Costa Mesa, Orange, Yorba Linda, Rancho Santa Margarita
Riverside County: Hemet, Lake Elsinore, Menifee, Temecula, Canyon Lake
San Diego County: Escondido
San Bernadino County: Highland
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BTW, T & R congrats on your receiveing your papers. I wish you much luck and happiness and health as you embark on your new life in the USA and as a married couple.
Thank you for your help
Thank you very much and your welcome
Good Luck to You
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Getting ready for Olive to do her PRISM and CFO and I am so confused now after reading posts and looking at their website.
Can she do her PRISM without her VISA being approved yet...we are waiting for the embassy to pickup her CEMONOR at the Passy office on Friday before the VISA will be approved. Somewhere I read that you need a reservation can you not just walk in.
Does she only need her passport when she goes to the CFO office or does she need that for the PRISM too, and can she just walk in for the CFO?
Also would appreciate if someone could give me the times for the PRISM...it seems like I had read somewhere 10:00 for the morning time???
Thanks J & O
J&O it seems you have PRISM and CFO confused, PRISM is PEOPLE'S REFORM INITIATIVE FOR SOCIAL MOBILIZATION INC. that CFO (Commision on Filipino's Overseas) regulates, yes its best to visit the website, she will need her VISA in order to get her sticker or she will have to go back with her VISA
There is a schedule there for the sessions 10:00 is the first session
Good Luck
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Hi everybody !
Dave and I (Steffi) just got married and are now trying to find the most efficient way throuth the visa/greencard process.
I am a german citizen and my husband is a US citizen.
We have done some research and know what formes to file but just want to make sure that we get this absolutely right the
very first time and follow all the appropriate steps not to loose any more time before we can live together.
We are therefore looking for very experienced immigration consultants in the USA who would be able to help us guide through
the process.
If anybody can let us know about their experiences or let us know who they would recommend that would be very much appreciated.
If anybody has worked with an immigration lawyer/attorney before in New Hampshire and could recommend somebody that would be
wonderful too.
Thank you so much in advance.
Dave and Steffi
Steffi, no offence but the hiring of an attorney to file a simple visa petition is a waste of money, if you can read you can do it. You already said you know what forms to file, just do it.
The process is pretty forgiving as, if you make a mistake they will simply ask you for a correction.
If you have special circumstances like past immigration issues, or law enforcement issues then by all means hiring a lawyer makes sense, but if you are just doing a straight forward visa petition and application you can do it yourself as the myriad of VJ'ers in the past have done. Don't let the process intimidate you, it really isn't hard
Good luck with your journey
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Ok, so I'm assuming if 18.5k is the 125% amount now for a household of two, 5x that amount is 92.5K??? If you have that in US funds in a US bank account, you are ok???
Yes, if you can show cash accounts/liquid personal assets X5 chances are the consul will accept that as financial responsibility, The assets have to be yours because you are the sponsor and he cannot sponsor himself. see the whole issue is... will the intending immigrant be likely to become a public burden, I think if you enclose a letter to the consul with your I-864 as to your financial history and future plan you should be OK, worst case scenario is they will give you an RFE pending a co-sponsor ...
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Virginia Attorney General Rules Police Can Check Immigration Status
www.foxnews.com
In a decision that could lay the groundwork for an Arizona-style immigration policy, Virginia's attorney general said state law enforcement officers are allowed to check the immigration status of anyone "stopped or arrested."
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I can meet the 5x 125% of poverty level with his assets if required so I am assuming this is ok.??
NO ... please read the link i provided ... YOU being the primary sponsor need to be the one to show ability to support, you will need to get a co-sponsor ...
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Hello
I am new here. I've been researching for several hours (I've been up since 4 am) and I'm lost and confused.
Anyone who wishes to help me I would greatly appreciate it.
I am an American citizen. My hubby is Canadian citizen. We have been married a long time and now want to move to the USA. I am a permanent resident of Canada for a long time, (over 10 years for our marriage and my residency).
I went to Montreal. I brought all the required documents, with the exception of translations, and they accepted everything telling me to get the translations done which I already did. We paid the $355. They said we can bring the translations next time.
They said we will receive info in the mail and then we will come one more time to get the visa which is by mail.
My questions are: I did not receive a case # is this normal??
How long generally till you get stuff in the mail.???
I am assuming the stuff in the mail is the RCMP report that he talked about. My husband has never lived anywhere else than here so he only needs that one and the medical?
Can you do the medical before getting the packet in the mail to be ready??
I know they said the RCMP was good for a year so they said we could get it but to wait a bit.???
I am in the process of restablishing residency in the US. I have a place to live (lease) phone, cable, internet, cell phone, (all US), business that I am buying, and will be buying a car.
We are married for over 10 years and have lived at the same address for all of the time we are married. What is required to prove of ongoing marriage? Is a letter from the bank stating we have a joint bank account enough??
Affidavit of support can be joint finances and we are ok with that.
What else do I need???
Any help would be most appreciated.
Thank you in advance. I'm so lost with all the abreviations and locations.
You will receive your case number when you get your NOA1 in the mail, the US consulate is broken up into two parts when you apply it goes through the visa section for approval they will do the needed back round checks etc. Once approved the file is then handed over to the Department of State who will proceed with your case gathering the documents needed. This step should take about a month depending on case load and back round information.
Yes he will only need a clearance from where he lived and only one medical screening
not sure on the rule in Canada someone may chime in here but you can schedule an advance medical once you receive your NOA1
your establishment of a bonafide marriage shouldn't be a problem, you have been married 10 years and lived together, just make sure you have documents to prove you have been together IE: joint accounts, cards, pictures bills etc.
your AOS is going to be the issue, since you live in Canada you need to prove you will have an ongoing income equal to or greater then the poverty line for two person household which is currently a meager $18.212.00 for 2010, the DOS looks to future earnings rather then past and will accept a combination of earnings and assets however assets are values at 1/3 value including cash accounts. A co-sponsor is accepted if proof of income is an issue.
Follow the guide above for DCF and here is a link for AOS information AOS LINK
Good Luck
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do i have to sign both the attachment and the cover letter because my cover letter has two pages.
thanks....=)
The cover letter is mere suggestion, it's up to you if you want to sign it
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SB1070 Illegal Alien Supporters Desecrate U.S. Flag During National Anthem (SWA Summit Rally)
www.youtube.com
Illegal Alien supporters bussed in from California. desecrate US and AZ flag in front of Arizona State Capitol during the singing of the National Anthem at a the Stand With Arizona Immigration Summit Rally for SB1070, July 31st, 6:15 PST
nice huh
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Of course my Sister and her Hubby filed jointly and they BOTH have income... do EACH of them need to complete a seperate
I864A or can they do it on one form?
Thank you so much!
Luckywife, how it is supposed to be and the only way it will be accpted is like this, YOU as petitioner are the primary sponsor, reguardless if you have income or not, if you need a co-sponsor your sister and her husband may co-sponsor you if the consulate you applied to accepts a co-sponsor for the visa you are applying for.
You will fill out an I-864 and supporting documents, Your sister will also fill out an I-864 if her income is not sufficient to meet the poverty line for her her husband and your beneficery then her husband will fill out an I-864A to compliment the income in order to meet the poverty line.
Look at this link maybe it will help you USCIS AFF
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Thank you so much for posting this, it answered a lot of questions for me!!
your so welcome
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Q) Can my spouse wear the T-shirt that is made of U.S flag during the interview to impress the Consulate officer?
A) Carry a small Statue of Liberty too in the hand
Hahahahah makes me laugh laugh laugh LOL this is funny one!!!!!!!Good job LOtof
) 
Btw,keep posted!!!!!
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The travel tax then where and when is that paid???
Its paid at the immigration checkpoint at the airport unless her ticket was purchased in the Philippines then it is usually already paid, if you used an outside source like expedia then she will pay that at the airport
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I have a few questions which have come to mind trying to get all the loose ends tied up.
Olive returns to the Embassy on the 29th with her NIB Clearance for her misspelled name and she also had to get her CENOMAR for the misspelled name. When she returns these two papers to the Embassy and they are approved will she receive her pink slip tomorrow?
Looking at some of the other timelines it looks like the VISA/Passport are being delivered within about 3 days...is this about the right time to figure for AIR21 to Angeles CIty?
I am going to purchase her air ticket for Delta via Tokyo but have seen on a pinned topic something about an Travel Tax Flight to US which converts to about $40.00, does she have to pay this. I do know about the airport tax which is about $17.00? And no I will not book a ticket until she has the VISA in hand.
Also when she does her PRISM and goes to the CFO to get her passport stamped will this take her most of the day to do? I had seen a post about PRISM visit but can't find that now. Also can someone give me the cost for her PRISM/CFO visits?
We are almost there, finally.
Justin
Air21 is real iffy i would give a week leeway if I were you we recieved ours in 2 days all the way in Mindanao but who knows.
Yes she will have to pay the P1620 travel tax as she is a Filipino citizen plus the airport tax of P750.
The CFO at PRISM will take a few hours and the total fees are P650 she will attend the conseling session at the BDO building then go to another locatin for her CFO sticker register on the CFO website
Good Luck Justin
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Australia DCF (Residency Requirement)
in Direct Consular Filing (DCF) General Discussion
Posted · Edited by Tommy&Riza
Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent."
Documentation
The following list includes, but is not limited to, the types of documentation that USCIS considers in determining whether residency is established in order to file U.S. immigration benefits with USCIS :
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Copies of U.S. / foreign tax returns for the last three years.
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Copies of U.S. / foreign property deeds.
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Evidence of U.S. / foreign business ownership.
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Evidence of U.S. / foreign property rentals and/or leases.
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Copies of U.S./ foreign utility bills, i.e. telephone, cell phone, electrical, water, etc.
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Evidence of U.S. immigration status, i.e. copy of naturalization certificate, certificate of citizenship, birth certificate, or greencard.
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Evidence of foreign immigration status.
If you can prove your there for at least six months consecutive legally, your golden !