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philippine jimmy

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Posts posted by philippine jimmy

  1. I was worried some about filing the I485 because some people are rejected after all the turmoil of bringing their fiancee to the states.

    Even though there is more written about money and making sure you send the money correctly it isnt all about the moulah.

    Apparently there are some police types waiting to make sure you dont roll past the stop sign.They are looking to boot you out of this country. A factor that worried me from the start was how I went through many months of reading and preparation of all the numerous forms and sending money to the philippines for different forms etc to ensure she was getting all done. Then the 600 dollars to send to qtar to have a man translate her police clearance plus several months waiting while he stared at the paper I guess. How me and her read on here many times how tough the manila embassy was on k1 visa and all the forms had to be perfect and they wont accept co-sponsor. That almost killed me waiting for her interview. So she was very careful in her interview to watch exactly what went on. Several hundred women are interviewed in that embassy each day just to come here on the k1 so maybe they just rush them through and let the folks here handle them. Anyway, what was supposed to be horrible was nothing in manila.They never opened the packet I sent, they never even looked at the I 134 I worked on so hard. They asked her 2 short questions at teh first station in her language. The guy acted lost and stumbled through his words and then the next station was an American man that asked when will you marry and then he swore her in and thats it.So then after all trhe happiness of finally having the woman I love here with me it was a shock to see it starts all again and even more strict and difficult. Either someone is illegal or legal in this country. Many cities still have the rule to not ask immigration status because of profiling but wher I live in AZ many people live in fear of being asked. I would not want to live where we are afraid every day that some one will ask for papers like watching an old cold war era film. It is tempting to wait to file this 485 because it is not illegal to wait even up to 2 years but what is her status once this k1 visa expries? I think this is a legitimate question because it could have affected each of us.

  2. Since the k1 visa expires after 90 days and the green card will take several months at best then what does this mean as far as status now?

    The stamp on her visa reads expiration date nov 14 2010,plus the state ID expires also in nov I noticed. Actually then she is here after that date illegally?

    Someone said her visa is only good one way and that it is just good to bring her here. The day we were married what is her actual status at that point? Or is she just in limbo waiting?

  3. Nothing about trust .Why do ppl always assume the worst? The truth is I was told that when I file the i485 that the entire process starts new and that my wife could end up being refused immediately after the 485 is processed. This would be heartbreaking to us both because my health is so bad that I cannot travel back to theislands. We both wanted to live in teh Philippines but my insurance is not good there.

    The above are true, but there is a point that's been missed. The spouse of a US citizen is not the same as someone who overstayed their tourist visa. The spouse of a US citizen is eligible to adjust status. This is a critically important distinction. DHS policy is to allow someone who appears to be eligible to adjust status to attempt to do so. ICE is supposed to parole them rather than detain them. An immigration judge is supposed to suspend removal proceedings while their AOS application is adjudicated. USCIS is compelled to adjudicate the AOS application. There are protections built into the policies to ensure that someone who is eligible to adjust status gets an opportunity to do so. There are times when those protections don't apply, such a VWP overstay, but they do apply for a K1.

    The requirement to file an I-130 with the AOS application shouldn't kick in unless the K1 didn't marry the petitioner within 90 days of entry (can't adjust based on the K1), or they waited so long that the AOS won't be approved until more than two years after the marriage (can't adjust to conditional resident). If they married within the 90 days, and they haven't been married two years when the AOS is approved, then an I-130 shouldn't be needed.

    Jimmy, if you intentionally wait to file the I-485 then you are denying your wife an opportunity to have anything resembling a life in the United States. Using the immigration status of your spouse against them in this way is actually one of the grounds for a valid VAWA claim. Like any relationship with anybody, immigrant or not, you can't go into a marriage half hearted. Either you jump into the deep end and take your chances, or you stay out of the pool. Could she break your heart and do a runner after she gets the green card? Yeah, but the girl next door could do the same after you buy her a house. You have to trust that she won't. If you can't trust her, then your marriage isn't going to last.

  4. I know everyone says that we should file the I-485 as soon as possible but is this required? What if someone wanted to wait 6 months or even a year? I know of a specific case here in AZ that the marriage held together a while and they had filed quickly for the i485 and as soon as she got the temp green card she requested to have conditions removed and was approved. Then she bolted. Dont say the stuff that you should know ur spouse, blah blah. It is much easier to say than to do.After they get the uncondtional green card most, not all, but most will change. Ive known too many of them and foreign women seem to be very patient.

  5. I read all that and it sounds like that getting her here only means that she can visit me until the k1 expires on oct and then they could still say she must leave even after all we went through and the tons of money I spent? I thought once we are married that the hard part was finished but this sounds like we maybe shouldnt rejoice yet.

    So the first green card is known as conditional? What does that mean? So now when I fill out the i485 and must send 1000 dollars? what other expenses is there? Thanks for writing me.

  6. Yes she came on the k1 visa and then we got married.

    I read all that and it sounds like that getting her here only means that she can visit me until the k1 expires on oct and then they could still say she must leave even after all we went through and the tons of money I spent? I thought once we are married that the hard part was finished but this sounds like we maybe shouldnt rejoice yet.

  7. Unfortunately, you as a brother in law cannot sponsor her for a visa. Your wife needs to be a US citizen before she can file any petition for her, unfortunately the waiting time for F4 category for the Philippines is about 20 plus years. Your sister in law can apply for a B1/B2/tourist visa, but her being only 18 is a big reg flag to the US embassy, she needs to show that she has good ties to the Philippines(like a good paying job, properties, etc), my youngest brother was denied twice already for a tourist visa despite of all his ties back home( he has a job, we have pretty significant properties back home). All the CO back home have a notion that younger people will almost always overstay their visas, that's why it's so hard to get one especially in the Philippines. She can probably apply for a student visa also but I'm not too familiar about this process. I hope this information helps.

    Seems the student visa might be the only way but even that requires a lot of money. Thanks for the input, take care.

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