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A spousal visa is not an option for us as we are already married and have no intention of residing in the US. :(

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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

USMC-Retired

Write your congressman. Detailing the experince. Additionally explaining all the details. They get alot less emails and can act on your behalf.

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RogerDuMond

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.

This is worth a try, but don't hold your breath. In 93 my Congressman was able to call Manila, talk to an embassy official, and have them put my wifes paperwork for a spousal visa on the top of the pile. In 2003 my stepson was there for school and lost his green card. We called our congressman here and he attempted to contact Manila. They wouldn't even talk to him about it and they told him that the rules had changed and they were no longer able to expedite cases for Congressmen.

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Headshot

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

I have decided you are right. We will start the process for a spousal visa immediately. It just seems weird that you have to pretend that you are moving there to be able to visit. The spousal visa is also more expensive. Thanks to everybody for their input. I wish this discussion would have been available before we applied for the tourist visa. Maybe I would have rethought the process.

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Headshot

A spousal visa is not an option for us as we are already married and have no intention of residing in the US. :(

You have to be "already married" to get a spousal visa. It isn't the same as a fiance visa. And...even though we have no intention of living in the US either, they don't make you prove that. You can use a spousal visa to go and visit and then come back to the Philippines after the visit. Go figure...

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Headshot

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

Good information. What will that do for future visa applications? We could apply for a re-entry permit before we leave the US to allow her to return for another visit in a couple of years. Can that be done more than once? I don't want to do anything that will mess things up in the future, since the cards are all stacked against you with the US Embassy in the first place. I certainly don't want to do anything that would get her banned in the future.

Edited by Headshot
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A spousal visa is not an option for us as we are already married and have no intention of residing in the US. :(

You have to be "already married" to get a spousal visa. It isn't the same as a fiance visa. And...even though we have no intention of living in the US either, they don't make you prove that. You can use a spousal visa to go and visit and then come back to the Philippines after the visit. Go figure...

 

My bad. I had the impression that they were pretty much the same thing... just the place of marriage differed. I thought US residency was also required for each.

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RogerDuMond

Good information. What will that do for future visa applications? We could apply for a re-entry permit before we leave the US to allow her to return for another visit in a couple of years. Can that be done more than once? I don't want to do anything that will mess things up in the future, since the cards are all stacked against you with the US Embassy in the first place. I certainly don't want to do anything that would get her banned in the future.

The longer she is out of the country and the more often she does it, the harder it will be to prove that she didn't intend to abandon her US permanent resident status. If she is out more than one year, or two with the preapproved reentry permit, she will have to apply for a returning resident visa. This requires that she prove that she had the intention to return and there were extenuating circumstances that prohibited her from returning on time. Here is the form to acquire a returning resident visa.

http://www.state.gov/documents/organization/79962.pdf

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

t

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Headshot

Good information. What will that do for future visa applications? We could apply for a re-entry permit before we leave the US to allow her to return for another visit in a couple of years. Can that be done more than once? I don't want to do anything that will mess things up in the future, since the cards are all stacked against you with the US Embassy in the first place. I certainly don't want to do anything that would get her banned in the future.

The longer she is out of the country and the more often she does it, the harder it will be to prove that she didn't intend to abandon her US permanent resident status. If she is out more than one year, or two with the preapproved reentry permit, she will have to apply for a returning resident visa. This requires that she prove that she had the intention to return and there were extenuating circumstances that prohibited her from returning on time. Here is the form to acquire a returning resident visa.

http://www.state.gov/documents/organization/79962.pdf

So...what you are saying is that, unless I take her to the US to live for three years and get her citizenship, then this is a no-win situation. If she applies for a tourist visa, they won't believe she doesn't want to immigrate...and will deny her a visa. If she applies for a spousal visa, but doesn't stay for three years to gain citizenship, then they will put a black mark against her for not staying. It sounds like there is really NO good option here. Just a little bit of good sense would go a long way in this situation. The US Embassy needs to get out of the mind-reading business, assuming that everyone is lying to them.

 

Truthfully, if it weren't for visiting my family (my Mom especially), my wife would just as soon NEVER go to the United States. This whole experience has put a very bad taste in her mouth. We will go through with a spousal visa application, and not worry about future consequences. We will probably end up going to the US in late spring or early summer of 2011, which is actually a much better time to visit anyway. It is pretty sure that we won't be able to make it for Christmas of this year. I just hope that my mom is able to hang around long enough to meet my wife when we visit. Otherwise, a lot of the reason for going to the US in the first place will be gone.

Edited by Headshot
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We will go through with a spousal visa application, and not worry about future consequences. We will probably end up going to the US in late spring or early summer of 2011, which is actually a much better time to visit anyway. It is pretty sure that we won't be able to make it for Christmas of this year. I just hope that my mom is able to hang around long enough to meet my wife when we visit. Otherwise, a lot of the reason for going to the US in the first place will be gone.

 

Are Spousal Visas currently being processed that fast? My spousal visa took over a year.

 

Girlfriends(Fiancee Visas) seem to get priority over Wives(Spousal Visas) for some reason. :(

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I'm guessing its because the Spousal visa gives her the green card.

 

 

We will go through with a spousal visa application, and not worry about future consequences. We will probably end up going to the US in late spring or early summer of 2011, which is actually a much better time to visit anyway. It is pretty sure that we won't be able to make it for Christmas of this year. I just hope that my mom is able to hang around long enough to meet my wife when we visit. Otherwise, a lot of the reason for going to the US in the first place will be gone.

 

Are Spousal Visas currently being processed that fast? My spousal visa took over a year.

 

Girlfriends(Fiancee Visas) seem to get priority over Wives(Spousal Visas) for some reason. scratch_head.gif

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I'm guessing its because the Spousal visa gives her the green card.

 

After reading up a bit on the differences between the fiance visa and the spousal visa, I stumbled upon this:

 

The K3 or K4 visa is NOT an immigrant visa (IV), nor is it a legal permanent resident card (green card). It is a non-immigrant visa (NIV) that allows you to travel to the United States to join your petitioner. An alien entering the U.S. as a K3 shall be admitted for a period of two (2) years. An alien entering as a K4 shall be admitted for a period of two (2) years or until that alien
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We will go through with a spousal visa application, and not worry about future consequences. We will probably end up going to the US in late spring or early summer of 2011, which is actually a much better time to visit anyway. It is pretty sure that we won't be able to make it for Christmas of this year. I just hope that my mom is able to hang around long enough to meet my wife when we visit. Otherwise, a lot of the reason for going to the US in the first place will be gone.

 

Are Spousal Visas currently being processed that fast? My spousal visa took over a year.

 

Girlfriends(Fiancee Visas) seem to get priority over Wives(Spousal Visas) for some reason. scratch_head.gif

I'm guessing its because the Spousal visa gives her the green card.

 

 

I'm guessing its because the Spousal visa gives her the green card.

 

After reading up a bit on the differences between the fiance visa and the spousal visa, I stumbled upon this:

 

The K3 or K4 visa is NOT an immigrant visa (IV), nor is it a legal permanent resident card (green card). It is a non-immigrant visa (NIV) that allows you to travel to the United States to join your petitioner. An alien entering the U.S. as a K3 shall be admitted for a period of two (2) years. An alien entering as a K4 shall be admitted for a period of two (2) years or until that alien’s 21st birthday, whichever is shorter. You must apply with the U.S. Citizenship and Immigration Services (USCIS) to adjust your status from a non-immigrant alien to a legal permanent resident (LPR) before your authorized stay in the U.S. expires.

 

I applied for both the CR-1/Immigrant and the K3/Non-Immigrant. She received the K3/Non-Immigrant Spousal Visa after about 14 months. The CR-1/Immigrant Spousal Visa with green card would have only taken about a month longer, but we did not wait for it. I believe some people were getting K1/Non-Immigrant Fiancee Visas in as little as 6 months at the time.

Edited by T.S.
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shadow

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

 

 

Roger is right on this.

 

Larry in Dumaguete

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shadow

Good information. What will that do for future visa applications? We could apply for a re-entry permit before we leave the US to allow her to return for another visit in a couple of years. Can that be done more than once? I don't want to do anything that will mess things up in the future, since the cards are all stacked against you with the US Embassy in the first place. I certainly don't want to do anything that would get her banned in the future.

The longer she is out of the country and the more often she does it, the harder it will be to prove that she didn't intend to abandon her US permanent resident status. If she is out more than one year, or two with the preapproved reentry permit, she will have to apply for a returning resident visa. This requires that she prove that she had the intention to return and there were extenuating circumstances that prohibited her from returning on time. Here is the form to acquire a returning resident visa.

http://www.state.gov/documents/organization/79962.pdf

So...what you are saying is that, unless I take her to the US to live for three years and get her citizenship, then this is a no-win situation. If she applies for a tourist visa, they won't believe she doesn't want to immigrate...and will deny her a visa. If she applies for a spousal visa, but doesn't stay for three years to gain citizenship, then they will put a black mark against her for not staying. It sounds like there is really NO good option here. Just a little bit of good sense would go a long way in this situation. The US Embassy needs to get out of the mind-reading business, assuming that everyone is lying to them.

 

Truthfully, if it weren't for visiting my family (my Mom especially), my wife would just as soon NEVER go to the United States. This whole experience has put a very bad taste in her mouth. We will go through with a spousal visa application, and not worry about future consequences. We will probably end up going to the US in late spring or early summer of 2011, which is actually a much better time to visit anyway. It is pretty sure that we won't be able to make it for Christmas of this year. I just hope that my mom is able to hang around long enough to meet my wife when we visit. Otherwise, a lot of the reason for going to the US in the first place will be gone.

 

There are several issues at work here.

 

If you process the spousal visa, and she abides by the terms of it for as long as she has it, even if it is revoked at a later date, the chances of being granted a tourist visa after that skyrocket. She has then shown she has no desire to NOT return to the Philippines.

 

If you have a 13A you are most likely eligible to file DCF (Direct Consular Filing) This cuts the processing time down to about 4 months, as of one of our recent cases last month shows. She would enter on a CR1, and as such would receive green card and SS card automatically within weeks.

 

As other posters have mentioned, if she applies for re-entry permit before she leaves the US she can stay out of the country up to 2 years without any problems. However, if she is spending less time in the US than in the Philippines they may at any time revoke her green card. If that happens, you apply for a tourist visa, and it 'should' be granted as she has proven she returns.

 

The cost of all immigration fees involved for processing a DCF is $1038. Of course this does not take into account incidental fees, travel to interview, etc.

 

Larry in Dumaguete

 

www.fil2usavisa.com

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