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US Imigration visa for wife ... Must she stay in the US?


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My filipina wife and I have been married for almost 2 years and living in Bacolod. We have no children. Additionally, we just finished building a new house here with a pretty large price tag, so I am not excited about moving back to the US yet. I just have too much money tied up in this house to leave it vacant and move back to the US. Don't really want her family moving into it either. Selling the house may be difficult do to the high initial cost of the house and lot. I really don't want to turn it into a high dollar rental.

 

However, when I eventually die (I am 61 now), me and my wife feel it would be wrong to have her stuck here in the Phils with no posibility to ever leave .... so the only option seems to be to have her apply for an Imigration visa to the US.

 

But, here is where the problem lies ... Is it true that when she is finally given the visa to come to the US with me, she has to stay there for at least 2 or 3 years before we can come back to the Phils?

 

I am not ready to just go live in the US for that long while my house sits here gathering dust .... But if I wait too long to get her the Imigration visa, I might be dead by that time and then she will never be allowed to go to the US.

 

Do all the various types of Imigration visas that my wife could apply for make her stay in the US for a long period of time before she/we could travel back to the PI?

 

Thank's :wink:

Ron

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But, here is where the problem lies ... Is it true that when she is finally given the visa to come to the US with me, she has to stay there for at least 2 or 3 years before we can come back to the Phils?

 

 

 

Thank's :wink:

Ron

 

Hi Ron

 

A wife in the US on a K-3 Visa, even though it is a non-immigrant K visa, can leave and return to the US without needing to worry about obtaining advance parole because the K-3 is a multiple reentry visa. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency. There may be a limit of staying out of the country for six months at a time though.

 

From the USCIS

The following individuals, who have a pending application for adjustment of status, may depart the United States without an advance parole document and without having their adjustment-of-status application considered abandoned

 

 

 

*

Individuals in H-1B (Specialty Workers) and L-1 (Intracompany Tranferee) status, and their dependents (H-4 and L-2), who maintain their status and possess valid visas;

*

Individuals in V-2/3 visa status who maintain valid V nonimmigrant status and possess a valid V visa or who will obtain a V visa before applying for readmission to the United States;

*

Individuals in K-3/4 nonimmigrant status who have maintained their status and possess a valid nonimmigrant visa or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the United States. (Note: Upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to be eligible for that status.)

*

Refugees and asylees who have applied to adjust to permanent resident status under section 209 of the Act may travel outside the United States on a valid Refugee Travel Document and do not need to apply for an advance parole document.

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Ron, my advise to you is check with an immigration attorney, the advise you got here is incomplete and may lead you down the wrong path.

 

There are other forums that have better information.

 

I know the answers to the questions your asking but because the laws change and their interpretation of your specific circumstance it would be better to be safe and sure!

 

For example if your wife has a green card, she can stay out of the country for 1 year at a time, but if you read the law, thats is iffy, because she has permanent residency but if you were to do that year after year, where really is her permanent residency?

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Hi Ron

 

A wife in the US on a K-3 Visa, even though it is a non-immigrant K visa, can leave and return to the US without needing to worry about obtaining advance parole because the K-3 is a multiple reentry visa. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency. There may be a limit of staying out of the country for six months at a time though.

 

From the USCIS

 

Steve,

 

Thank's for the fast reply. I guess I need to start reading up on on the various visas available for a filipina wife of a US citizen. I would have thought that if you were bringing your alien wife to the US, you would be bringing her there on an "Immigrant" visa (since that's what she is trying to do ... immigrate to the US and eventually get a US passport) .... I didn't know there was a "Non-Immigrant" visa .... Seems like something a person would apply for that has no intentions of ever getting a US passport?

 

Anyway, with the K-3 visa, you state that she can travel back and forth between the US and the PI without restrictions.

 

You state "You will need Advance Parole on this K-3 visa at any time the K-3 finally ends" .... I guess that just delays the long period of time she has to remain in the US without leaving?

 

Kinda looks to me that sooner or later, she will me pretty much forced to stay in the US for a continual 2 or 3 year period of time prior to actually getting her US citizenship and US passport.

 

Ron,

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smokey

i knew a guy who lived here a long time and wanted his wife to get a green card so she could collect his SS when he passed he told ME she had to stay in the US at least 2 years and could leave but NOT for extended times without messing up her status... guess it means you cant apply check in and then leave ...

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PiRider and Robert51 .....

 

Thank's for the info. Reading US Imigration laws is confusing. The trick is finding a Filipino lawyer here in Bacolod that really understands US Imigration laws, and one that won't give me bogus information.

 

Again, I really don't want to move out of this new house and have to live in the US to live for 2 or 3 years right now (I don't even own a house in the US anymore), but not doing anything to get my wife the oportunity to leave the PI when I eventually die would be doing her a great dis-service since we are married ... I could wait to do all this Imigrations stuff when we are actually ready to leave the Philippines for good, but what if something happens to me before that time? I think she would then be screwed.

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I will be in Guam this month there are alot of immigration attorneys I know there, I will ask and PM you what I find.

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smokey
PiRider and Robert51 .....

 

Thank's for the info. Reading US Imigration laws is confusing. The trick is finding a Filipino lawyer here in Bacolod that really understands US Imigration laws, and one that won't give me bogus information.

 

Again, I really don't want to move out of this new house and have to live in the US to live for 2 or 3 years right now (I don't even own a house in the US anymore), but not doing anything to get my wife the oportunity to leave the PI when I eventually die would be doing her a great dis-service since we are married ... I could wait to do all this Imigrations stuff when we are actually ready to leave the Philippines for good, but what if something happens to me before that time? I think she would then be screwed.

 

 

 

 

well i guess you could stay here and she could stay with family in the US .... now that will take a lot of understanding...

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Alot of understanding!

 

PiRider .... I sent you a PM

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The Mason

The USCIS site has info on what you need to do after you have your permanent residency card (green card) You can find the info at:

 

Now that you are a permanent resident

 

Basically, you need to file taxes and maintain permanent residency in the US. Here's what the site says about how to maintain residency....

 

Maintaining Permanent Residence

 

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

 

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
  • Declare yourself a “nonimmigrant” on your tax returns.

 

Under the international travel section it says this....

 

International Travel

 

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

 

There is an excellent forum devoted to US immigration issues at http://www.visajourney.com. I've gotten a lot of useful info from that site.

Edited by The Mason
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I don't quite understand why she wants to the US when your home is in the Philippines. I know of your situation form several posts. May I suggest selling the house first even if it's difficult and may take some time. This seems to be the root of some of the problems, also the closeness to the relatives. You are still young, so I cannot really see the urge. Maybe the wife is pushing, just push back. After your death, she will presumably inherit the house and your money. What else does she need? Just don't give in, many Filipinas have the behaviour of grabbing your arm when you offer them your small finger. Don't give in to that. Hope I didn't step on you toes.

 

./

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Ron, Been there done that.. Heres the deall. Since you've been married already 2 years.. she gets her Green Card almost immediatly... JUst report to the nearest office and apply. My wife had hers within a month after arriving US (we had been married 2years plus) .

 

Once you have permanent residency setup.. Ie and address, bank account, .. she is free to return to the Phils and return within the year. They (USIS) are very strict about the Year thing. My wife with her green card was home in the PI once for 4 months and the other time nearly 10 months... I was worried about the second stay for 10 months... but immigration didnt bat an eye as she reentered LAX. (i did have proof docs with me...like bills in her name etc.. and address.) Just read clearly the USCIS website...and even call them for help and clarifications...thats your best source straight from the horses mouth.

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Turbota...

 

I agree with The Mason...visajourney.com is a good way to go. My then-fianc

Edited by evergreen
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