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RogerDuMond

Headshot;

Is it possible that you and your wife can go back together and you both see the screener together? From your post the screener is not up to date on the very basics of her own office. For her to be in the dark about the 13A visa is not surprising to me because I had the same problem with BOI employees in Manila who did not know what the 13A was either.

It would have been great if they would have allowed me to go into the embassy building, but they wouldn't. I had to sit outside on a hot Manila afternoon.

It sounds like your best option is the spousal immigrant visa. With the tourist visa, they don't need a reason to turn her down. They might have been wary because she is married yet applying for a tourist visa. I was told by a State Department official (many years ago) that they can't by law refuse a spousal visa except in cases of fraud, criminal record or communicable disease.

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Sam that is an absolutely incorrect statement. By law, a spousal visa can not be denied except in cases of fraud, criminal record, or certain communicable diseases.

Roger,   With all due respect, I do know so well how is the procedure when it comes to adjustment of status (when applicant is in the US) and for obtaining an immigrant (when applicant is at abroad)

Headshot,   Emotions and sympathy don't play any role in applying US laws. Though I sincerely sorry for the condition of your mother (which I've openly stated a few times on this thread), yet still

Out of curiosty for my own attempt at this process in the future:

 

I know that you acquired your 13A fairly recently, but how long have you been married?

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Headshot

Out of curiosty for my own attempt at this process in the future:

 

I know that you acquired your 13A fairly recently, but how long have you been married?

We were married in February 2010.

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We were married in February 2010.

 

Ah, thanks. Was this information available to them?

 

I always heard that 5 years or more was desired.

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Mailman;

 

I know you directed your question at Headshot, but I just got the 13A in March. I moved to Manila in May and my wife and I will be married 6 years in September.

 

 

Out of curiosty for my own attempt at this process in the future:

 

I know that you acquired your 13A fairly recently, but how long have you been married?

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Headshot

It sounds like your best option is the spousal immigrant visa. With the tourist visa, they don't need a reason to turn her down. They might have been wary because she is married yet applying for a tourist visa. I was told by a State Department official (many years ago) that they can't by law refuse a spousal visa except in cases of fraud, criminal record or communicable disease.

You could be right. Since we have NO intention of ever living in the US, I have been trying to avoid the hassle (and additional processing time) involved in obtaining a spousal visa. Can she enter the US more than once on a spousal visa and how long is it good for? It seems that there have to be more down-sides to the spousal visa than what I already know.

Edited by Headshot
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Mailman;

 

I know you directed your question at Headshot, but I just got the 13A in March. I moved to Manila in May and my wife and I will be married 6 years in September.

 

It's cool. I was thinking that they may be looking at the duration of marriage. Like I mentioned above, I always heard that at least 5 years of marriage would be beneficial to their decision. But, I don't know for sure.

 

I have had my 13A for a few years now. I have, likewise, been married for 6 years. We also have a daughter together who had been granted her US citizenship fairly easily (IMO).

 

I am hoping that we won't have an issue when it comes time for us to request a US tourist visa for my wife. Like, Headshot, my wife does not work or have assets (other than the house I bought 3 years ago). Her family is dirt poor.

 

I don't expect us to make the trip soon though. We decided on spending money to expand the house at present. Maybe in a couple of years.

Edited by Mailman
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Same here except we don't have any children yet. One day God willing, hopefully. My wife an I have talked about going back to the US in about 2 years or so to visit my family. But right now we still are getting settled in to our house that we bought and our life here in Manila. But reading poor Headshot's story and his wife had documentation to prove that they were ok really makes you wonder what the people in the consul and embassy are thinking and looking for.

 

 

Mailman;

 

I know you directed your question at Headshot, but I just got the 13A in March. I moved to Manila in May and my wife and I will be married 6 years in September.

 

It's cool. I was thinking that they may be looking at the duration of marriage. Like I mentioned above, I always heard that at least 5 years of marriage would be beneficial to their decision. But, I don't know for sure.

 

I have had my 13A for a few years now. I have, likewise, been married for 6 years. We also have a daughter together who had been granted her US citizenship fairly easily (IMO).

 

I am hoping that we won't have an issue when it comes time for us to request a US tourist visa for my wife. Like, Headshot, my wife does not work or have assets (other than the house I bought 3 years ago). Her family is dirt poor.

 

I don't expect us to make the trip soon though. We decided on spending money to expand the house at present. Maybe in a couple of years.

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Headshot

"Give me your tired, your poor, huddled masses yearning to breathe free, wretched refuse of your teeming shore. these, the homeless, tempest-tost to me, lift my lamp .... awww screw it, you guys all just go home, OK?"

 

The attitude America has toward people wishing to make a home here is the source of a lot of core issues.

Maybe so, but all we wanted to do was vacation there and spend some money. There is NO intention to "make a home" there. The fact that the US Embassy starts off with the assumption that every applicant actually wants to "make a home" there is at the core of my problem.

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RogerDuMond

You could be right. Since we have NO intention of ever living in the US, I have been trying to avoid the hassle (and additional processing time) involved in obtaining a spousal visa. Can she enter the US more than once on a spousal visa and how long is it good for? It seems that there have to be more down-sides to the spousal visa than what I already know.

The spousal visa is an immigrant visa and gets her a green card. There are limitations on the amount of time you can spend out of the US as a green card holder. She must not stay out of the US for more than one year unless she applies for a reentry permit before leaving then the time period is two years. If she stays out longer, she will be found to have abandoned her permanent resident status.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=0c353a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=0c353a4107083210VgnVCM100000082ca60aRCRD

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I am really thinking that it is the 6-month marriage that hurt the application. It certainly gets my vote.

 

Sorry. :(

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Headshot
Mailman;

 

I know you directed your question at Headshot, but I just got the 13A in March. I moved to Manila in May and my wife and I will be married 6 years in September.

 

It's cool. I was thinking that they may be looking at the duration of marriage. Like I mentioned above, I always heard that at least 5 years of marriage would be beneficial to their decision. But, I don't know for sure.

 

I have had my 13A for a few years now. I have, likewise, been married for 6 years. We also have a daughter together who had been granted her US citizenship fairly easily (IMO).

 

I am hoping that we won't have an issue when it comes time for us to request a US tourist visa for my wife. Like, Headshot, my wife does not work or have assets (other than the house I bought 3 years ago). Her family is dirt poor.

 

I don't expect us to make the trip soon though. We decided on spending money to expand the house at present. Maybe in a couple of years.

I'm guessing that having a child, who is a US citizen, is probably a great advantage to your wife in getting a tourist visa. Unfortunately, I'm not sure that my mother will wait around for that to happen.

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Hi Headshot, Believe it or not, over the years we were helped out twice by our local congressman. Back in 1998 my wife had been in the U.S. over 5yrs. and should have had her american citizenship after 3yrs. I called our Reps.no. in Bremerton, Wash.and right away we went to Seattle so she could be sworn in. Another time my sister-in-law got a tourist visa. After her time was up she returned to the philippines. The next two times she applied she was denied. She called me and i checked it out.It took me a year to find out why she was denied. She came to the U.S. on a 10 day.Tourist visa. which i did not know, got a stamp for 6months. Stayed 6 months returned to the philippines. Next time Denied. Maybe you or your mom can get a Phone No. there and call your local Rep. I feel for you and your family. Wish you all the best.

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headshot,you better process a spouse visa for your wife it will take you 6-12months and there's no hassle during the interview.

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Thanks Roger.

 

Headshot, from what Roger just posted this maybe what you, me and Mailman's best option. Like you, my wife and I have already decided to live here in Manila. And as I said, visit the Us, especially my mother because she will be 70 in a few years. But as you know when you applied for the 13A they ask for your financial records, etc. And since they have this information, you would think that this is stored in a database so that the office in Manila and Cebu can communicate with the office in Los Angeles(My case). But like i said when I arrived in May, the BOI employees did not know what it was even though I got it from the consul in Los Angeles and its on the BOI website.

 

 

You could be right. Since we have NO intention of ever living in the US, I have been trying to avoid the hassle (and additional processing time) involved in obtaining a spousal visa. Can she enter the US more than once on a spousal visa and how long is it good for? It seems that there have to be more down-sides to the spousal visa than what I already know.

The spousal visa is an immigrant visa and gets her a green card. There are limitations on the amount of time you can spend out of the US as a green card holder. She must not stay out of the US for more than one year unless she applies for a reentry permit before leaving then the time period is two years. If she stays out longer, she will be found to have abandoned her permanent resident status.

http://www.uscis.gov...000082ca60aRCRD

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