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when applying for a visa for your wife remember where you are..


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smokey

 

there is going to be another 200 for St. Lukes and another 400 for the visa itself and make sure she has NBI under her maiden name and YOU have any and all divorce stuff in you hand ... we saw about 15% of the people denied visa some were crying and some were mad

 

So, my wife will need to get an NBI clearance at some point in time before she gets her IR-1 visa?

 

Will the Embassy tell us when this has to be complete, or are we supposed to already know about this requirement by looking into a crystal ball or somehow by telepathy?

 

The NBI clearance has to be in her maiden name? .... Her drivers license and PI passport now have been changed to my last name .... So she needs to get some ID that has her old maiden name on it before she goes to the NBI to get her clearance?

 

Once your I-130 petition is approved by the USCIS, your case will be forwarded to the National Visa Center for processing. The NVC sends you a check list of required documents, which includes an NBI clearance. Needing a clearance in both her maiden and married name is a new one for me. I haven't seen that listed as a requirement anywhere before, but my wife will be heading down to NBI in the near future to get a second clearance.

 

 

 

 

my wife had everything they asked for but they will blind side you if they want.. where does it say if the women has an annulment she needs to bring the FULL court documents so the doctor can read them to see if your in need of a doctor before going to the US as i have said before most of US could not pass our own embassy process , i had my second divorce papers from 1990 there and really did not expect to be asked for something OVER 30 years ago and how it has anything to do with her visa application today is beyond me maybe its just a power thing there was a guy in the next room and we could here what was said and after all the bullshit to include his passing the physical , the pre interview he was denied a visa to be with his wife who petitioned him and his children that was already in the US and he asked why and they said he has a prior arrest in his record something to do with bad checks 3 years earlier and he said i settled that with the person and they still said ... Sorry no visa

Actually, I'm a little curious how you got married without your first divorce papers. Did you not mention you were twice divorced when you got your Affidavit in Lieu of CENOMAR or did the embassy/consulate just assume that if you were married and divorced a 2nd time that your first marriage must somehow have been terminated? Perhaps the visa people must realize that that may not have been the case.

 

 

 

 

i guess they just assumed i was divorced from my first wife as the time between was over 12 years ...

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i guess they just assumed i was divorced from my first wife as the time between was over 12 years ...

Well, marriages don't expire. You could marry and then marry again 30 years later and yet have failed to properly terminate the first marriage. In fact that would be very easy to do in the US since there is no national registry. The embassy or consulate should have required termination documentation from your first marriage when you went to get your marriage permission to marry affidavit and if they had you'd probably have had this with you.

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smokey

i guess they just assumed i was divorced from my first wife as the time between was over 12 years ...

Well, marriages don't expire. You could marry and then marry again 30 years later and yet have failed to properly terminate the first marriage. In fact that would be very easy to do in the US since there is no national registry. The embassy or consulate should have required termination documentation from your first marriage when you went to get your marriage permission to marry affidavit and if they had you'd probably have had this with you.

 

 

 

 

 

of course your correct its very important to know if my first marriage was legally correct ,,, and how does this affect my wife's visa ? Just another layer of power hungry government employees.. they love to see the little people dance the jig

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My wife said I'm free to return to the Philippines if I want to while she works towards her US citizen status. If we wind up in that situation, hopefully she'll send me a remittance every month.

 

 

First off, a status of US Citizenship is different than US LPR (legal Permanent Residency/green card holder). Not sure what your wife is working towards, US citizenship or LPR. If she has already been a US LPR and now working towards obtaining US citizenship then she could do that given she meets two prime requirements of obtaining US citizenship which are both related to her residency in the US. In that case, it would still be tough for her to obtain US citizenship for her if US immigration officials would know that her husband is not living with her in the US together with her if she has filed for US citizenship based on 3 yrs rule than normal 5 yrs rule. As per US immigration laws, both parties (US citizen spouse and a LPR spouse) must live happiliy together until LPR-spouse takes oath. If both parties don't live under one roof together then without a compelling and convincing reason, an application for US citizenship will be denied for LPR-spouse and it could even jeopardize LPR for alien-spouse as US immigration might suspect a marriage fraud to circumvent US immigration laws to obtain LPR.

 

However, if your wife is working towards obtaining US legal Permanent Residency then you guys must know when a LPR could be considered abandoned as per US immigration laws, and as I said previously that staying abroad most of the time is more than enough to prove in itself that an alien has abandoned his/her US residency. That's why I stated above that if you guys are planning on staying in the PH most of the times then you should think hard about this...at least before your wife becomes a US citizen. Once she becomes a US citizen then she can live outside the US as long as she would want to.

 

As for you saying that your wife told you that you are free to return to the Philippines while she works on obtaining US immigration benefit then it's not about what your wife says; instead it's about what immigration laws state in the PH and US. If you, an American on 13a visa in the PH, would stay most of the time outside the PH then you would also risk losing your immigrant visa (13a) in the PH.

 

I'm only giving information on this matter. Of course, you guys do what is best for you and what you decide. Hoping to receive a remittance from her each month sounds a well-planned to me if you fall in that situation....

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they said he has a prior arrest in his record something to do with bad checks 3 years earlier and he said i settled that with the person and they still said ... Sorry no visa

 

You need to know that a conviction on passing a bad check is not only a deportable crime but also a ground to be eligible for US visa (an immigrant or nonimmigrant) as per US immigration laws. However, many factors play in this kind of situation such as- (1) was there only an arrest or a conviction was entered, because an arrest alone can NOT be used to be found ineligible for the visa; instead there must be a conviction. Remember, US laws are based on due process? ; (2) how much was the amount that check was written to, because if the loss to the victim (whom bad check was written to) was $10,000 or more then a conviction on such crime falls under 'aggrevated felony'...a sure ground for deportation and denial of any US visa for lifetime; (3) were there only one arrest or more, or were there one bad check written or more, because if more arrest and/or passing more bad checks could invoke moral turpitude ground to deny any visa application...a prime criteria a visa officer/immigration officer must need to determine ; (4) how long ago conviction took place, and since it was only 3 yrs ago then it's under immigration/visa officer's discretion not to grant a visa because there is not much time has passed for them to think/believe that applicant has rehabilated from his/her past criminal act.

 

However, if you still believe that his visa application was wrongly denied then he may request to reconsider his appliaction. Keep it in mind, there is no appeal process available when a visa is denied outside the US. Appeal process is allowed only when application is filed in the US than in abroad at US Consulate. Further, there is no appeal process for the denial of non-immigrant visa anyway. One could re-apply for nonimmigrant visa but cannot appeal the denial even if application is denied wrongly. At best, one can write to US Department of State in Washington DC to request for Advisory Opinion on the denial but cannot seek appeal on the denial of nonimmigrant visa because issuance of a nonimmigrant visa remains totally under the discretion of Consular officers. Even US Ambassdor cannot influence to reverse the denial, of course officially but unofficially anything can happen....

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