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


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Ron...

 

Here's a link to one of the guides at visajourney.com: Click here.

 

I hope this helps get you started.

 

~ Evergreen

 

PS...I understand that a CR-1 Visa now takes about the same amount of time to process compared to a K-1 Visa or a K-3 Visa.

Edited by evergreen
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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 :lol:

Ron

 

Hello Ron:

 

Since you and your wife have been married for 2 years, you should strongly consider filing for the IR-1 Spousal Visa. In this way, your wife should receive her permanent 10-year green card immediately from USCIS. She can travel with you to the RP or elsewhere, but US permanent green card immigrants can stay outside of the country for not more than one year at a time. You should visit the US Embassy in Manila as you may be able to file your IR-1 Spousal Visa with the Embassy since you live in the RP and wish to immigrate your wife to the US. Please double check what I am saying as my advice could be slightly dated since I immigrated my wife on the Spousal Visa in 2002. Since we were married for 2 years upon her arrival, she received her permanent 10-year green card within 3 weeks after arrival. Good luck.

 

Regards,

 

Herb

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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:

 

Since Ron and his wife have already been married for nearly 2 years, he should probably apply for the IR-1 Spousal Visa, not the K-3 Visa. Once his wife receives her 10-year permanent green card under the IR-1 Spousal Visa, she can travel outside the US to anywhere at anytime (although many countries will require her to obtain a visitor's visa first). If I recall, she cannot live outside the US for more than one year at a time as a permanent resident immigrant.

 

Herb

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Steve:

 

Since Ron and his wife have already been married for nearly 2 years, he should probably apply for the IR-1 Spousal Visa, not the K-3 Visa. Once his wife receives her 10-year permanent green card under the IR-1 Spousal Visa, she can travel outside the US to anywhere at anytime (although many countries will require her to obtain a visitor's visa first). If I recall, she cannot live outside the US for more than one year at a time as a permanent resident immigrant.

 

Herb

 

I agree with you, Herb. When Ron and his wife are approved for an IR-1 / CR-1 Visa, his wife will receive a 10-year (permanent) green card and will not have to mess around with Advanced Parole (permission to travel outside the U.S.), EAD (employment), nor AOS (adjustment of status) issues. This might be the way for them to go compared to a K-3 Spousal Visa...given their situation.

 

~ Evergreen

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I suggest you research the I-360 Widow/Widower's Visa. In the event of your death, your spouse would be eligible to apply for this visa if the duration of your marriage was longer than 2 years. If you read the attached links, there is a provision that allows for a widow/widower of a US citizen to apply for a visa. If you are unwilling to reside in the US now or in the future then this visa is an option for her. Part of your estate plan could be assembling all the necessary documents she needs now and educating her about the visa. There is a 2 year time limit to apply after a US citizens death.

 

 

http://www.uscis.gov/files/form/i-360instr.pdf

 

http://goiloilo.com/i-360-widows-visa-to-the-usa/#comments

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Don't waste your money on a lawyer. You can apply for her green card and citizenship yourself. There is enough info out there on the internet. Ray Bacon and the boys at Mag-Anak can help with US immigration questions. http://groups.yahoo.com/group/MAG-ANAK/messages You and your wife will have to establish residence in the US to maintain her status as permanent resident. Leaving the country now and then is permitted but the trips should be for less than six months duration during any year. But even then they could recind the green card status if it appears she has abandoned her US residence. After 2 years and 9 months as a permanent resident she can apply for US citizenship. Don't forget you will have to pay steep fees for all these applications. You will also have to pay for your new life in the states.

 

Now my advice would be to forget about going back to the US and getting her US citizenship. You are 61 and happy in your new home here. Just enjoy the years you have left and don't complicate your life. You can provide for your wife with a life insurance policy or something that will pay out a monthly annuity after you are gone.

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Turbota, you received some excellent advice here. I'm speaking from experience because I did a lot of studying of the laws and regulations when I brought my Filipino fiancee to the US in Feb. 2007 and then applied for her 2 year Green Card after we were married. We are waiting for her 10 year Green Card now. I would follow all of the advice here, but please don't waste your money on a lawyer, especially a Filipino lawyer. I have known American guys who hired a lawyer to do their immigration work for them and it took them longer than it did me to do the same paper work. And, they wasted thousands of dollars.

 

Phillip

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I used RAy Bacon as our adviser and he did my paperwork too, he didnt have a high paying charge like most lawyers do. You can ask a lot of questions without being charged..i mean he does know everything since I believe he works at the government before..if im not mistaken

Edited by katja06
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I suggest you research the I-360 Widow/Widower's Visa. In the event of your death, your spouse would be eligible to apply for this visa if the duration of your marriage was longer than 2 years. If you read the attached links, there is a provision that allows for a widow/widower of a US citizen to apply for a visa. If you are unwilling to reside in the US now or in the future then this visa is an option for her. Part of your estate plan could be assembling all the necessary documents she needs now and educating her about the visa. There is a 2 year time limit to apply after a US citizens death.

 

 

http://www.uscis.gov/files/form/i-360instr.pdf

 

http://goiloilo.com/i-360-widows-visa-to-the-usa/#comments

 

USN Retired...

 

Thank you for your posting...and for the links. This is very good information. It's the first time I've heard about this type of visa. It may fit Ron's situation much better than the spousal visas.

 

~ Evergreen

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USN Retired...

 

Thank you for your posting...and for the links. This is very good information. It's the first time I've heard about this type of visa. It may fit Ron's situation much better than the spousal visas.

 

~ Evergreen

 

 

You're welcome. The spousal visa is problematic if you have no desire to actually maintain permanent residency in the US.

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I don't mean to hijack this thread, but earlier in the thread someone brought up a question about the relationship between a U.S. citizen's Social Security benefits and his Filipina wife. It may or may not relate to Ron's situation.

 

If the couple is married and living in the Philippines, and the wife does not have a green card, would she still qualify for his SS benefits upon his passing?

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The Mason
I don't mean to hijack this thread, but earlier in the thread someone brought up a question about the relationship between a U.S. citizen's Social Security benefits and his Filipina wife. It may or may not relate to Ron's situation.

 

If the couple is married and living in the Philippines, and the wife does not have a green card, would she still qualify for his SS benefits upon his passing?

 

No. She must be a permanent resident or a citizen to claim benefits. This is why I'm heading back to the US for a few years. If there's anything left of Social Security when I die, I want to make sure she gets survivor benefits. From the SSA.gov site about applying for widow benefits....

 

We may also ask you to provide documents to show that you are eligible:

•Birth certificate or other proof of birth;

•Naturalization papers;

•U.S. military discharge paper(s);

•For disability benefits, the two forms (SSA-3368 and SSA-827) that describe your medical condition and authorize disclosure of information to us; and

•W-2 forms(s) and/or self-employment tax returns for last year.

Edited by The Mason
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No. She must be a permanent resident or a citizen to claim benefits. This is why I'm heading back to the US for a few years. If there's anything left of Social Security when I die, I want to make sure she gets survivor benefits. From the SSA.gov site about applying for widow benefits....

 

We may also ask you to provide documents to show that you are eligible:

Edited by HueyPilot
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I agree with you, Herb. When Ron and his wife are approved for an IR-1 / CR-1 Visa, his wife will receive a 10-year (permanent) green card and will not have to mess around with Advanced Parole (permission to travel outside the U.S.), EAD (employment), nor AOS (adjustment of status) issues. This might be the way for them to go compared to a K-3 Spousal Visa...given their situation.

 

~ Evergreen

 

Hello Evergreen:

 

Your points are well taken as Ron would avoid all of these K-3 Visa process issues with USCIS if he applies for the IR-1 Spousal Visa instead.

 

Regards,

 

Herb

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You're welcome. The spousal visa is problematic if you have no desire to actually maintain permanent residency in the US.

 

I am afraid I must disagree with your assessment. Filing the IR-1 Spousal Visa will at least allow Ron to obtain a 10-year permanent immigrant green card for his wife. That in itself puts them both in a much better position than they are in right now. Of course, once she receives her permanent green card, the longest she can stay out of the US is one year at a time. So yes, the green card does not solve Ron's situation for their wanting to still live in the RP permanently. But at least it does start the clock and the process for getting her into the immigration system and the pathway for US naturalized citizenship.

 

IMO, Ron appears to have several options:

 

a.) Apply for the IR-1 Spousal Visa and obtain a 10-year permanent green card for his wife where they both return to the states for an extended period of time. Once she has legal residence in the US for the USCIS specified period, she can then apply for her US naturalized citizenship. Once that is obtained, she and Ron can decided whether to leave the US permanently as expats if she wishes (she can also re-obtain her Filipino citizenship in the process)

 

b.) Ron could remain where he is and pre-prepares the required forms and documents for his wife's US immigration under the I-360 Widow/Widower's Visa as you suggested. However, this could become tricky if the I-360 Widow/Widower's Visa qualification rules change before or after Ron dies or if the paperwork and documents are lost. I'll assume Ron's wife may require much directed assistance in filing these papers with USCIS and seeing the actions through to completion to obtain her visa. If USCIS denies her petition, loses her doucments or if there are any snags in the paperwork process, who will assist Ron's widow in getting it all straighten out once Ron is gone?

 

In any event, Ron is in a rather sticky situation. But the outcome is up to him as he has to determine which is more important...their house in the RP or his wife's future US immigration green card and naturalized citizenship status. If it were me, my wife's immigration and US citizenship future would definitely come first before the house. He can either try to sell the house and take the loss, rent it out to RP foreign tourists or long-term vacationers or advertise it as a "timeshare rental" to Filpino-American groups in the US.

 

Regards,

 

Herb

Edited by HueyPilot
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