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The Mason

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...

 

Actually, they do require you to prove that you intend to reside in the US, but its easy enough to do. If you have a mailing address, bank accounts, or have voted in recent elections then that is generally enough to prove your intent to move there permanently.

 

As for your tourist visa denial, its likely you were denied due to how recently you were married. They thought you were attempting to circumvent the green card process. The immigration law calls for a presumption of intent to immigrate, and the onus to prove otherwise lies with the applicant.

 

Getting a visa to the US is so difficult because of all the previous Filipinos that have lied, overstayed, and otherwise abused the system. The Philippines is listed as a high fraud country and visas are much more difficult to obtain as a result.

 

You may also want to consider getting a Canadian tourist visa. You could either arrange for your family to meet you in Canada, or attempt to cross the border to the US to visit family.

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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

Headshot
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. :evan_iliadis:

The embassy says it is currently taking 6 to 12 months for a spousal visa. Obviously, if the visa takes longer, we will adjust our plans. Larry's idea on the DCF will save us even more time.

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shadow
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. :evan_iliadis:

6 to 12 months for a spousal visa. Obviously, if the visa takes longer, we will adjust our plans.

 

A current timeline.

 

Filed DCF June 25 Manila Embassy.

 

Received NOA2 and packet 3 July 15.

 

By filing stateside, it usually takes 6-8 months to receive packet 3. If the client had been prepared (affidavit of support) they could have immediately set an interview date and been at interview in the next few weeks, for a total processing time of under 3 months. However, neither the client nor us were expecting packet 3 so quickly. The Affidavit of Support is still being processed, and the client must use a co sponsor.

 

This client lives in Cebu City, and may be willing to verify this for you, if you like.

 

Larry in Dumaguete

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Headshot

Actually, they do require you to prove that you intend to reside in the US, but its easy enough to do. If you have a mailing address, bank accounts, or have voted in recent elections then that is generally enough to prove your intent to move there permanently.

I don't think that will be a problem. I have a permanent address in the US. I still have accounts in two financial institutions in the US, and I voted in the 2008 election.

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RogerDuMond

The embassy says it is currently taking 6 to 12 months for a spousal visa. Obviously, if the visa takes longer, we will adjust our plans. Larry's idea on the DCF will save us even more time.

USCIS says that all their service centers are taking 5 months to process, then it goes to some clearing house in VA or MD can't remember which, where it is assigned to an embassy. Then it is shipped to the embassy by the State Department (this all may be Homeland Security now). The listed processing time for Manila is 2 to 3 months. It used to take a lot less time at the Vermont Service center than Texas or California, but they all list at 5 months now. Ours in 1993 went through Vermont and only took 21 days from the filing date to get to the clearing house (can't remember the exact name of this facility) it got lost there for six weeks and it took several calls from our congressman for them to find it and ship it to Manila. The whole process took 3 1/2 months, but forget that kind of time frame now.

 

As Shadow suggested you can use a cosponsor. Your mother can use her income and possessions to meet the required income for the Affidavit of Support.

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Headshot
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. :evan_iliadis:

6 to 12 months for a spousal visa. Obviously, if the visa takes longer, we will adjust our plans.

 

A current timeline.

 

Filed DCF June 25 Manila Embassy.

 

Received NOA2 and packet 3 July 15.

 

By filing stateside, it usually takes 6-8 months to receive packet 3. If the client had been prepared (affidavit of support) they could have immediately set an interview date and been at interview in the next few weeks, for a total processing time of under 3 months. However, neither the client nor us were expecting packet 3 so quickly. The Affidavit of Support is still being processed, and the client must use a co sponsor.

 

This client lives in Cebu City, and may be willing to verify this for you, if you like.

 

Larry in Dumaguete

Contact me. Let's get this process started. I have already created an affidavit of support (notarized), but it may have to be reworded for a long-term stay. We live in Bulacao right now, but we will be moving to our new house in Mandaue as soon as the remodel is complete.

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SkyMan

How about a letter from you, detailing he situation fully. So that they can read it and decide what to do.

 

That's what I did and it worked. The letter is your only likely way to 'get in' with her. I explained the reason for the trip, one daughter graduating college and one HS. I explained she needed multiple entry because I wanted to take her on a cruise and maybe to niagra falls. I explained we had been living in Cebu for a couple years and planned to stay there as evidenced by my 13A which I spelled out to mean Philippine Permanent Residence Visa and I signed the letter with my retired military signature block. Then I instructed my wife to hand the letter to anyone who asked for any papers from her at all. After reading the letter they only asked her a couple questions and asked to see a copy of my 13A which she had. I would apply again right away as a Filipina trying to scam a visa would have to save for quite a while to be able to afford another try. Supposedly getting turned down once isn't grounds for denial a second time.

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shadow

The embassy says it is currently taking 6 to 12 months for a spousal visa. Obviously, if the visa takes longer, we will adjust our plans. Larry's idea on the DCF will save us even more time.

USCIS says that all their service centers are taking 5 months to process, then it goes to some clearing house in VA or MD can't remember which, where it is assigned to an embassy. Then it is shipped to the embassy by the State Department (this all may be Homeland Security now). The listed processing time for Manila is 2 to 3 months. It used to take a lot less time at the Vermont Service center than Texas or California, but they all list at 5 months now. Ours in 1993 went through Vermont and only took 21 days from the filing date to get to the clearing house (can't remember the exact name of this facility) it got lost there for six weeks and it took several calls from our congressman for them to find it and ship it to Manila. The whole process took 3 1/2 months, but forget that kind of time frame now.

 

As Shadow suggested you can use a cosponsor. Your mother can use her income and possessions to meet the required income for the Affidavit of Support.

 

There are only 2 service centers processing spousal and K1 visas now, California and Vermont. California is a month or two quicker than Vermont.

 

Currently spousal petitions filed in the US are running 8-10 months, with K3 filing 6-8 months, give or take a little depending on which service center.

 

By filing DCF, the petition never goes through the service center or NVC, it is processed entirely at the Embassy.

 

Larry in Dumaguete

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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.

 

 

I have a 13a visa and applied for a CR-1 imigrant visa for my wife using the Direct Consular Filing (DCF).

 

Submitted the paperwork to the US Embassy in Manila on 2 Jun of this year.

 

Got a "Notice of Approval" letter from them already, but nothing else.

 

We still have got nothing from the Embassy that she will need to take to St Lukes for her medical exam, so there is no point in even going to St Lukes right now.

 

I can't see that we have any chance at all to get this process done in 4 months ... I would be VERY suprised if it's done in 6-8 months.

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shadow

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.

 

 

I have a 13a visa and applied for a CR-1 imigrant visa for my wife using the Direct Consular Filing (DCF).

 

Submitted the paperwork to the US Embassy in Manila on 2 Jun of this year.

 

Got a "Notice of Approval" letter from them already, but nothing else.

 

We still have got nothing from the Embassy that she will need to take to St Lukes for her medical exam, so there is no point in even going to St Lukes right now.

 

I can't see that we have any chance at all to get this process done in 4 months ... I would be VERY suprised if it's done in 6-8 months.

 

You should have received packet 3 at the same time as your approval notice. If not, there is a problem. This may help;

 

Error description: On approval of the direct-filed I-130 a notification letter is sent. This single sheet of paper states the date your direct-filed I-130 was approved and says instructions on how to precede will be forth coming. But nothing ever does show up until the computer notices you have not submitted your DS-230 in a timely manner and directs Manila Embassy to re-issue the mailing of the first instruction packet again. If you should grow concerned that instructions have not arrived in a timely manner and you visit the Embassy again to present your approval notification letter to window X. You will be told that your instructions were mailed on the same date as your approval notification letter was sent. The error is the DS-230 (Application for Immigration visa) form was not included with the approval notification letter like it is if the I-130 is filed in the USA. The filing of the DS-230 (Application for Immigration visa) is the event that enters you into the interview-scheduling queue. TAKE NOTE: All Manila US Embassy direct-filed I-130 applications should immediately on receipt of the I-130 approval notification letter, fill out this form http://www.state.gov...ation/81807.pdf and precede to window X, Immigration visa dept, Manila American Embassy and file this form in person as soon as possible.

 

 

 

What they are referring to here is form DS-230, immigrant visa application. You can google it, or I can email you one if you wish. You need to fill it out and either submit it in person as described, or fax it to the embassy along with your case number and a description of your case and the problem. This will put you in the pool to be generated an interview date.

 

Larry in Dumaguete

 

 

www.fil2usavisa.com

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The Mason

I'm currently going through the CR-1 process now. We're stuck waiting for my wife's medical clearance.

 

In order to avoid delays, get your wife tested for TB by a good doctor/hospital immediately. You will be much better off ruling out TB or getting her treatment before you get to St. Luke's. If it turns out she is a carrier or has active TB, the delay at St. Luke's is anywhere from 2-24 months. To top it off, if St. Luke's does the treatment, you have to go to their clinic every day throughout the course of treatment, which means moving to Manila.

 

Spare yourself the hell I'm going through and get your wife tested now rather than waiting for St. Luke's.

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SkyMan

"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.

Just remember those words were written by a french guy and not at the request of the American people.

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SkyMan

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

This might not be quite correct but I don't have time to look it up. I believe the stated purpose of the spousal visa is for your spouse to travel to the US with the intention of obtaining permanent residence. meaning that the green card isn't automatic but something she would have to apply for after arriving in the US. If you get the spousal and go to vacation in the US and then leave she has never applied for permanent residency and doesn't get a green card. While the green card is the normal progression it isn't required that you apply for it as long as you don't overstay. Now, somewhere down the road you may wish to do this again, US vacation, or you may wish to get her citizenship and it may be harder to get because of not finishing it the first time. You could simply say that she had a family emergency back here so you decided not to go through with her immigrating to the US.

 

Still, I think another shot at the B-2 would be the smartest move. This time include a letter explaining your vacation plans, your history and plans to live in Cebu and perhaps some doctor's statement of your mother's health. As for length of marriage, I was married July 1, 2009 and got my 13A about September. Wife got her passport in February and her B-2 in March. In May we were in the US.

 

Now I have to tell you there is no magic formula for acceptance and denial and I think that is a goal they have. A certain amount of rendomnous is thrown in so that no one can say, "Ok, if you have this kind of job and a house worth this much and so much savings then you will be approved." They don't want there to be any kind of roadmap to the visa. I do really wish they would ask some things though. They don't like to give B-2s to married filapinas though because they think the guy is trying to skirt the spousal visa process. It's odd though that after getting approved the interviewer told my wife that if she (we) wanted to change her status to an immigrant visa it would be easier for her to come back to Manila rather than try to do it in the US. Seems odd to me they would suggest that that was what we had in mind.

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The Mason

If you get the spousal and go to vacation in the US and then leave she has never applied for permanent residency and doesn't get a green card. While the green card is the normal progression it isn't required that you apply for it as long as you don't overstay.

 

There are 2 classes of spousal visa. The K-3 and the IR/CR-1. The K-3 does not include a green card, the IR/CR-1 does.

 

Theoretically, the K-3 has a faster processing time because the paperwork required for the green card is processed after entering the US rather than before.

 

If you opt for the IR/CR-1 visa, you will be issued an IR-1 if married for over 2 years at the time the visa is issued, otherwise you will receive a CR-1 and have to do further paperwork in 2 years.

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SkyMan

If you get the spousal and go to vacation in the US and then leave she has never applied for permanent residency and doesn't get a green card. While the green card is the normal progression it isn't required that you apply for it as long as you don't overstay.

 

There are 2 classes of spousal visa. The K-3 and the IR/CR-1. The K-3 does not include a green card, the IR/CR-1 does.

 

Theoretically, the K-3 has a faster processing time because the paperwork required for the green card is processed after entering the US rather than before.

 

If you opt for the IR/CR-1 visa, you will be issued an IR-1 if married for over 2 years at the time the visa is issued, otherwise you will receive a CR-1 and have to do further paperwork in 2 years.

I don't think HeadShot's been married for 2 years.

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