ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

No, I just wanted to know the context of hardship. Whether I tried it or not.


As mentioned several times, you would be asking to waive something that has an extremely small chance of being waived even if you meet the very limited requirements of the waiver as the level of hardship and required proof of said hardship is extremely high.
Bob 4 AnnaMalePhilippines2010-02-16 12:12:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

Your acquaintances are likely drawing SSDI.


And I'll admit that I was previously unaware of the difference.

That said, an airplane ticket given as a gift to the Philippines has a cash value of less than $2,000 and no value once it has been used so I doubt it would disqualify Shane from his SSI benefits.
Bob 4 AnnaMalePhilippines2010-02-16 12:10:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

No that is not the advice I was looking for.


Then lighten-up. I understand your situation sucks but really getting upset at people who are trying to give helpful info & advice will get you nowhere.
Bob 4 AnnaMalePhilippines2010-02-16 12:07:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

I'm convinced some of you following this discussion are confusing SSI benefits with SSDI benefits.

http://en.wikipedia....Security_Income


Quite possible, maybe the difference is that the OP never worked so he gets more limited benefits from a different program whereas the 3 specific examples I listed have all worked in technical fields making a decent salary prior to becoming fully disabled.
Bob 4 AnnaMalePhilippines2010-02-16 12:05:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

I don't have a scheme, I'm not arguing any points endlessly or not, either. You still don't know what you are talking about with SSI.
I don't need to be lectured on my on my cultural understanding either. I'm not a whistle-blower. And still point being said, I'm not looking for relationship experience or advice. And I'm tired of being made out to look defensive. No need to reiterate anything I'll choose what I'm going to do with the input given.


Tell you what, here's the advice you want so you'll listen to it.

With your Petition include a letter stating that you're seeking a Hardship Waiver on the in person meeting requirement based on the fact that you simply can't endure the flight to the Philippines and your girlfriend is so poor that she can't afford the trike fare to get to the bus terminal let alone have a chance of getting a Tourist Visa to visit you in the US.

Also ask them to waive the Petition Fees and all future Immigration Fees based on financial hardship. Be sure to include a nice spreadsheet of all of the money your uneducated girlfriend with no practical job skills will be able to earn once she's arrived in the US and has the benefit of your superior intellect.

Don't forget to mention that since you can't afford anything you also need your case expedited based on the medical & financial waivers so that you can get her her to start earning her keep as soon as possible.

Now since the US Government is full of kind-hearted individuals who don't care what the law says, you have a 99% chance of getting approved for these Waivers on your first try.

BACK TO REALITY:
===============================================
Yes you do have a scheme.

No you don't know everything there is to know about SSI.

Nobody lectured you on your Cultural understanding.

As there is no whistle to blow I agree that you are no a whistle-blower.

All of the advice given in the thread is good sound advice that a wise man would take into consideration.

You make yourself look defensive when you argue the same points endlessly despite the info provided to the contrary.
Bob 4 AnnaMalePhilippines2010-02-16 12:01:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

I have never seen one on there. Mostly Mexico and spouses who have travelled, not legally.


You're right, not a section dedicated to it but there are several threads with users who have attempted hardship waivers on medical grounds. I didn't see anyone trying to waive the in person meeting requirement though.
Bob 4 AnnaMalePhilippines2010-02-16 11:45:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
Shane,

You might want to check out http://immigrate2us.net

They specialize in hardship waivers, though most are for illegal entry bans and such I believe they have a section on medical issues.
Bob 4 AnnaMalePhilippines2010-02-16 11:36:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

looks like shane is a ' whistleblower' wanting to bring down the hell and fury of the aclu at the drop of a hat. read the posts again. your answer is there

ACLU doesn't get involved unless there is discrimination where RIGHTS are involved. Immigration (even of a spouse) is a privilege and therefore must be earned/obtained. Ironically the requirements to gain this privilege are not all that high and are applied evenly across the board.
Bob 4 AnnaMalePhilippines2010-02-16 11:09:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1

Bob 4 Anna The advice given did not fall on deaf ears, and I never had a scheme so I don't see where you come off with that. I appreciate the few tips given, and the people who've stressed traveling and etc. I already stated my GF wouldn't get a tourist visa.


Shane, I'll address each point in your reply:

You come off as sounding like you "have a scheme" to work around the system, its clear from the other replies you've received that I'm not the only one who sees this. If it looks like you're scheming to us "regular Joes" then just imagine how it will look to USCIS employees who are on the look-out for schemes.

I said the advice has fallen on deaf ears because you seem to continue arguing the same points endlessly despite the overwhelming mountain of info to the contrary.

We're trying to be helpful, accept it as such even if you don't like what you're reading

You don't have a clear understanding of SSI, every dollar over 1200 is taken. You don't get 1300+ in a month too, far from it.


You're right I don't have first hand experience with SSI but you also don't know everyone else's situation with SSI. My travel companion does receive more than $1,300 per month on SSI and isn't allowed to earn more than around $700 per month before they reduce his benefits. His case is different from yours. I also know two people who are receiving SSI Disability and are homeowners (with equity in their homes), one is married and the other is not.

Asian cultures frown upon disabilities? Are you an anthropologist?

I don't need to be an anthropologist to know this, I have first hand experience:

My step mother was from Korea, I'd known her for almost 30 years when she passed away 18 months ago.

I've enjoyed many friendships (and a few more intimate relationships) with Chinese nationals throughout my adult life. When I have friends from other cultures I take the time to understand their culture as a way of putting them into proper context so I don't apply my personal values to their statements and actions.

Not only am I married to an awesome Philippine Woman but our 2 year old son is deaf. In the 10 weeks since they arrived in the US we've had more services made available to him than during the 2 years he lived in the Philippines. Lack of services was the problem not lack of money.

If you don't understand this aspect of Asian culture then you might want to do a little more exploring of your girlfriend's culture. Sure there are people in all cultures who choose to step outside their cultural norms but they are the exception.

I would also caution you to ask what else don't you understand about Asian (especially Filipino) Culture as you are planning to tie yourself to it if you marry her. Are you aware of the expectation that a Filipino abroad sends money back home to support their family? The list goes on, please inform yourself.

I appreciate your last block of advice, again though I don't have a scheme, I wish I did.


Technically my advice is a scheme but it is one that works within the boundaries of the USCIS framework, is legal and likely to be successful.

Edited by Bob 4 Anna, 16 February 2010 - 11:00 AM.

Bob 4 AnnaMalePhilippines2010-02-16 10:56:00
K-1 Fiance(e) Visa Process & ProceduresQuestion of the context of hardship in K1
A few observations on this thread...

It looks like the OP came asking for advice but not really. All of the great advice given has fallen on deaf ears. What he really wants is for someone to tell him that his scheme will work.

My wife is from the PH and she would never in a million years have qualified for a Tourist Visa. What does it take to get one? For starters you can't be a Young, Cute, Single, Unemployed, Poor Female. From the description his GF is so the exact type they would NEVER issue one to. The fact that her siblings depend on her for free childcare is not a plus to override all of the minuses, it is actually just another BIG minus to add to the pile as she is currently trapped in a poverty stricken household with no means of escape (except to get out of the country). It sounds like she couldn't even get any kind OFW job as she has no marketable skills.

FWIW, there is nothing in SSI that prevents the OP from saving for the plane ticket. My friend who accompanied my to PH last year is on SSI Disability and while the cost of the ticket ($1300) took most of a month's SSI check it didn't disqualify him as SSI is about ability to work.

So you're disabled, do you understand that most Asian cultures frown upon disabilities? The USEM in Manila knows this and if by some chance you made it to the Embassy stage without meeting her in person that would throw up a big red flag for them.

If you really want to know what your best chance of getting her here is then listen to this:

Get on a plane and fly to PH. Stay for 3 weeks, do the work for marriage license in the first few days, there is a 10 working day waiting period. If there are "sparks" you can marry her a few days before your return flight.

Co-sponsors for K-1 Visas are difficult at best in Manila, it seems the ones who get approved are college students who will be earning good money in the immediate future. The Spouse Visa (CR/IR-1) is cheaper, Co-sponsor is processed (and accepted) at the NVC Stage so USEM Manila can't deny on those grounds and your now wife will receive her Greencard in about 30 days from POE so she can work sooner.

If you just want someone to agree with your scheme then please stop wasting VJers, time and move along.

Edited by Bob 4 Anna, 16 February 2010 - 08:09 AM.

Bob 4 AnnaMalePhilippines2010-02-16 08:07:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

This is probably a stupid question, but how will "they" know he was here?

You are aware that you will be required to present a history of addresses where he's lived since he was 16, right?

So one little lie becomes several lies to cover-up the original lie.

Now you have a petition/application packet that is riddled with a bunch of little lies.

USCIS employees have seen so many packets don't you think they get a feel for inconsistencies?

How sure are you that there is absolutely no record of his presence in the US? Does he drive? Has he ever had any contact with a government or Law Enforcement agency?

Don't be tempted to do something that can make a difficult situation completely impossible.
Bob 4 AnnaMalePhilippines2010-02-18 20:58:00
K-1 Fiance(e) Visa Process & ProceduresWhat if he was here illegally?

So basically we are screwed all the way around....thanks for the advice.

:crying:

he is still here
i cannot afford an amazing lawyer
he wants to return home and make all of this right so we can be together.
doens't look good...

:crying:


Go here: http://immigrate2us.net

they are full of this kind of thing...
Bob 4 AnnaMalePhilippines2010-02-18 13:56:00
K-1 Fiance(e) Visa Process & Proceduresi have a good plan that wont interfer
The co-sponsor pattern at Manila Embassy seems to be its okay if you're a college student (or recent grad) who has a high probability of having good income in the near future.

If you just some dude barely scraping by and have to prospects for getting a better paying job then needing a co-sponsor will be the killer for your Visa.

If you really must use a co-sponsor in Manila then marry her there and file for Spouse Visa (CR/IR-1). This will shift the Affidavit of Support from the Embassy to the NVC. If the NVC accepts your Co-sponsor then the Embassy can't deny based on it.
Bob 4 AnnaMalePhilippines2010-02-19 23:06:00
K-1 Fiance(e) Visa Process & ProceduresApplied K-1 then got married outside the US

Will USCIS/NVC/US Consulate actually check for overseas marriage status? I was under the assumption that their primary interest is blocking fake marriages or the bringing of multiple K-1 fiance/es into the U.S.

Some countries (the Philippines for example) have a central registry for this type of records. I've heard that some communist countries have "Family Books" which may indicate married status also. If this is the case then most likely the local US Embassy will require a document to prove that your "Fiancee" is single.

Anyway, regardless of that you are aware that misrepresentation is immigration fraud and can result in criminal charges for the US Citizen and a lifetime entry ban for the foreign national, right? Why take the risk?

We are also having a ceremony overseas and we've been debating whether to get registered there. Her mother wants us to, but I am against it because of some dual-citizenship issues for me.

How do "Dual Citizenship Issues" come into play with regards to where you get married?
Bob 4 AnnaMalePhilippines2010-02-26 13:16:00
K-1 Fiance(e) Visa Process & Proceduresurgent help

Once there's been a visa interview in Bangkok, there's really no longer any option to transfer the case to Manila. She'll need to comply with Bangkok's instructions.


In that case maybe she could try to inform the Bangkok US Embassy of the Family Code in the Philippines which gives her sole custody of the child in question which should relieve the requirement of travel consent from the father (as he has no rights under Philippine law and apparently has already refused to aid in the CRBA process).
Bob 4 AnnaMalePhilippines2010-03-20 23:44:00
K-1 Fiance(e) Visa Process & Proceduresurgent help

It seems like from what everyone's written that the best thing is to transfer to Manilla where parentage out of wedlock isn't an issue... but he signed the birth certificate so doesn't that mean he's claimed the child?? Also, you wouldn't want it to count against you that you were denied a visa because you couldn't get parental consent and that you moved it to manilla to "evade the law". Perhaps your cousin can convince him it's the right thing to do? Perhaps the rest of the family can as well?

Good luck.


In the Philippines even if the father signs the birth certificate the Mother has sole custody of any child born out of wedlock.

There have been cases where Philippine Citizens have gone to nearby countries that recognize US Divorce filed by Filipino Citizen (Philippines still requires lengthy annulment process as there is no divorce in PH) in order to get K-1 Visa entry. Even though the US Embassy in Manila will recognize the US Divorce & issue a K-1 Visa the PH gov't won't endorse the PH Citizen Visa for exit if they are still married by Ph Laws.

I guess it's a matter of point of view. Are you evading the law or are you moving the process to somewhere that the law is more favorable to your situation?

The Manila Embassy is used to dealing with cases of unwed mothers and they know PH law so they know there is no need for the bio-daddy's consent for the child to travel to the US.

Check my signature for links to the relevant sections of Philippine Family Law regarding this.
Bob 4 AnnaMalePhilippines2010-03-20 17:54:00
K-1 Fiance(e) Visa Process & Proceduresurgent help
Ann,

Don't give-up hope. If your current relationship can endure this then nothing will break it.

Something you haven't mentioned is how frequent do you have contact with your ex? He can't prevent you from immigrating, only cause delays & additional expenses.

Here is a link to a member with a daughter who was denied CRBA but did later get IR-2 approval:

http://www.visajourn...ostgurl-sophia/

http://www.visajourn...1

You might have to apply for CRBA, get denied and then show that in your K-Visa application.

I would suggest you contact your ex and try to discuss the CRBA via e-mail. If you can get e-mails from him where is acknowledges parentage and refuses to cooperate with the CRBA process it might help you, if not in the CRBA case then later when you have to explain why the CRBA failed.

Get an immigration lawyer, not a "service" but a real lawyer like someone along the lines of Marc Ellis.

Edited by Bob 4 Anna, 20 March 2010 - 04:07 PM.

Bob 4 AnnaMalePhilippines2010-03-20 16:06:00
K-1 Fiance(e) Visa Process & Proceduresurgent help

It doesn't matter if she was from MARS, the father is a USC and she is trying to bring that child, to the US, so he could make more trouble for her here if he chooses to. Before you start shouting and assuming, making as #### your self, she MUST follow the US laws if she wishes to bring that child here.

She didn't interview in the PHIL, so that's a mute point, she interviewed in Manila, and they have made their request.

According to Ann, this jerk has married a cousin in the family, so the family didn't think he was a jerk, They have welcomed him with open arms. Maybe this has something to say about the entire family...LMAO.


Now I never made a personal insult on you. How much do you understand of Philippine people & culture? I make my assumptions based on what info is available to me. I called him a jerk because of how he abandoned his biological daughter and how he still is trying to strong-arm Ann, not because he married one of Ann's relatives. Of course I have only what she says to go by.

On what are you assuming that her whole family has welcomed him with open arms? I don't recall Ann saying anything about that and yet you pass judgement on her whole family!

You are correct though that once the baby is in the US he would have a better chance to exercise his parental rights but Ann would also have a better chance to seek child support from him.
Bob 4 AnnaMalePhilippines2010-03-20 09:57:00
K-1 Fiance(e) Visa Process & Proceduresurgent help

Remember, as the child's father he does have rights, and they should not be ignored.


Did you just skim this thread? The bio-dad is being a jerk and has flat-out refused to cooperate. He dumped her for a relative of hers and has told her that she will always belong to him. Sounds like a controlling a$$wipe of a man-child to me.

Why would anyone suggest giving the baby to a bio-daddy who abandoned her and her mommy? Jerks like him are not daddies, they're sperm donors.
Bob 4 AnnaMalePhilippines2010-03-20 07:55:00
IR-1 / CR-1 Spouse Visa Process & ProceduresA little confused about fees

you will have to pay 88.00 per person both. you will pay the fee and you will send 1-864 Affidavit of support, and for the ds-230 404.00 per person.

INCORRECT!

You will pay double for everything except the Affidavit of Support Fee, that will be paid once (as long as the petitions are at NVC together). You will provide nearly identical I-864 documents for both immigrants but only pay one AOS Fee.


Bob 4 AnnaMalePhilippines2011-12-12 13:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 filed for my wife and new born baby after I130 filed

Was your child born in another country other than the US? If so you all you need to do is file for a "baby born abroad". Your child is a USC because you are. We went through this with our daughter as I am Canadian, married to a USC, and our daughter arrived a few months after marrying. We knew I was pregnant when we applied so we did put a note of her on our file but it doesn't really matter as a USC doesn't need to immigrate when they move to the US.
We dealt with the US consulate in Vancouver and though they required a lot of paperwork (I think it was proof that my husband had been living in the States for the previous 5 years) it went pretty smoothly. She received her documentation, passport, and SSN all through this process.

This is the important part, Daddy needs to make sure he meets the Residency requirements. If he's recently naturalized he might not.

What you would do if you meet the requirements if file CRBA, Consular Report of Birth Abroad.

Edited by Bob 4 Anna, 15 December 2011 - 05:48 PM.

Bob 4 AnnaMalePhilippines2011-12-15 17:47:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP! Urgent! Visa for my Wife!

For Bob 4 Anna, I am a USC and no residency issue... tyvm!

Well I asked because you said this:


I have been in the PI for 3 years and went back here to go through the Naturalization process.

Bob 4 AnnaMalePhilippines2011-07-21 13:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHELP! Urgent! Visa for my Wife!
Did I miss something?

Just wondering how a LPR was living in the Philippines for 3 years and returned to the US to naturalize? That seems like it would create a problem with the residency requirements...
Bob 4 AnnaMalePhilippines2011-07-18 10:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresVisa Denied
IDK but it sounds like you've been hit with Material Misrepresentation which is a lifetime entry ban.

Lawyer up for sure but I don't know that there really is anything you can do. I can you prove that you didn't understand what you signed back in 2008?
Bob 4 AnnaMalePhilippines2011-12-13 17:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTourist visa or IR-1?

Not "upon entry", no.

Of course, since entry has already happened, but they do derive Citizenship once the Adoption is complete if they're already in the US...
Bob 4 AnnaMalePhilippines2011-12-14 17:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTourist visa or IR-1?

No reason to wait to file the petition. Adoption finalization before visa issue is the key to citizenship.

Unless I misunderstand it, even if the step-parent adoption happens after the child enters the US and obtains a greencard they derive US Citizenship. Is that incorrect?
Bob 4 AnnaMalePhilippines2011-12-14 15:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresTourist visa or IR-1?
Using a Tourist Visa to immigrate her to the US would be Visa fraud.
Bob 4 AnnaMalePhilippines2011-12-13 18:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

She says I am worth it

For her sake, I hope you are....

BUT you seriously need to change how you're trying to go about things or your chance of success is less than Zero!

Using a Fixer who basically told you that you need to lie to get a Visa will not fly. The Embassy will catch you and you will never get here.

Your only chance of success will depend on you being 1,000% honest about the first marriage to a US Citizen. Any lie involving a Material Fact in you application will get you a lifetime entry ban with a very high standard of requirements for Hardship Waiver.

Your story has changed here several times and I doubt we've yet to here the truth. Don't worry about us, remember the CO is experienced in these matters and is required to assume you're fraudulent so that you have to overcome that assumption.
Bob 4 AnnaMalePhilippines2011-12-22 14:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

I don't fully understand why you mention her medical condition or that of her brother

He's thinking of a suitable hardship on the USC for the waiver he'd need to overcome his previous Immigration Fraud...
Bob 4 AnnaMalePhilippines2011-12-21 17:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

Can we make guesses? I vote Pakistan.

I am not sure why anyone would want to help someone who committed fraud, that is one thing I don't understand about this site.

I'm thinking MENA/Muslim like either Libya, Afghanistan, Pakistan or Iraq...

FWIW, do you really think anyone here can help this person?


Bob 4 AnnaMalePhilippines2011-12-21 16:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

Ohhhh...well I think the OP should just let us know what country he is in because every Embassy is different. He would also be wise to operate with transparency and avoid all middlemen except a highly qualified, experienced immigration attorney.

Ironically, the countries that do have Fixors also have IV units who know what to look out for to spot their work!



Bob 4 AnnaMalePhilippines2011-12-21 16:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

No no not the embassy I said there is a private office close to the embassy and it does all the paperwork for a fee he the owner of that office has 20 years experience in filing application on behalf of people for a fee , I wanted that office to do all the filing work and he was the one who said that he has files waivers application to the embassy and said that I should say its fraud and file a waiver

Go ahead and pay him to destroy whatever chance you may still have of getting through this process...

Just curious, what country are we talking about here. Let's put this conversation in some context...

Ohhhh... Is he an immigration attorney?

Sounds more like what they call a "Fixer' in the Philippines...
Bob 4 AnnaMalePhilippines2011-12-21 15:33:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

By the way the CO who interviewed me was more assuring than all of you , he said that I should be fine after I marry my fience and she applies for a waiver of hardship , there is an office near the american embassy here who told me he had done many waivers applications and most of them were approved his advice was even if u were 100% innocent say it was fraud and u are sorry for that and it was all ur fault

Seriously!?!?

A US Citizen working in the US Embassy in WHAT COUNTRY told you to commit blatant Fraud and even recommended an outside company to you?

If this is true then he is risking his job and freedom (as he's committing a Federal Crime)...
Bob 4 AnnaMalePhilippines2011-12-21 14:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

Of course I am not gonna tell the consul all the details I am just gonna say I did a fraud

The problem with this thought is that when you conceal part of the story then what you do tell lacks what's called the "ring of truth" and the CO's are keen on catching people concealing facts so you trip their radar every time.

If you can't be 1,000 percent honest with a CO at the interview then you shouldn't even bother trying.

If you want any chance of fixing the horrible mess you've already created then now is the time to stop hiding stuff and be completely honest.
Bob 4 AnnaMalePhilippines2011-12-21 14:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed help on my sad complicated case

I didn't wanna go inti a lot of details coz its a long story but i didn't want the marriage to be fake , they just got along with me until they got money so I was a victim , I was 22 at that time and very naive trusted everyone , my ex was a very manipulative innocent looking girl , she just convinced me that she really wanted to marry me , she was pretty 19 old blond that any guy at that age would fall in love with

It really sounds like you're being completely honest even here.

In order for there to be a financial pay-off for the US Citizen someone has to have offered her money to marry you and you're trying to make it sound like you had no clue of that? I can see why the CO didn't believe you.

Generally US Citizens don't shop around for Aliens to marry in return for a paycheck, it works the other way around...

Even your explanation doesn't sound plausible. It simply doesn't have the feeling of truth to it so now you probably have to Immigration Fraud attempts on your record.

Edited by Bob 4 Anna, 21 December 2011 - 12:59 PM.

Bob 4 AnnaMalePhilippines2011-12-21 12:57:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Extending VISA

Can they (embassy) reissue her visa without going through any kind of interview's or anything else? if they can reissue her little bit longer, it will work perfectly she will be done with her school on Jun 10th or 20th.

The validity of the Visa cannot extend beyond the validity of her Medical Exam Results.

If the visa was issued with a validity period of less than 6 months then that's because her Medical expires at that time.


Bob 4 AnnaMalePhilippines2011-12-28 15:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Extending VISA
Once she enters the US she will receive a stamp in her Passport that acts as a temporary greencard. In theory she could turn around and get on the next flight back home and re-enter later.
Bob 4 AnnaMalePhilippines2011-12-28 14:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI am concern about these.......any advice

1. Is there any payment I have to pay aside from medical fee? (I am the beneficiary)

Nope, nothing additional for you to pay (nice that the deliver fee is now included in the IV Fees already paid to NVC).

2. wud it better to wait the NVC to sked my medical? or it is ok to go for medical in advance?

NVC will only schedule your Embassy Interview, you have to do the St Lukes stuff on your own. Once you have your MNL Case number and a copy of the MOA2 you can use those & your Passport to get into St Lukes for the Medical.

3. how do I know that I will be sked for interview? my hubby is unable to contact or call NVC due to job situation

If NVC has your & your Hubby's e-mail addresses you'll receive a copy of the interview letter via e-mail.

4. is it neccesarry to bring a lot of pictures aside from wedding pictures and put in album. for i will bring our wedding pictures put in a 16 pages album.

You don't need to go overboard on the pics as long as you have everything else. For Pics just bring a few spanning your relationship, show times you were together. Remember that anything you'll pass to the interviewed must fit through the slot (1.5 inches & flexible)

Don't forget your NSO CEMAR (the one you get in place of a CENOMAR, not the same as NSO copy of your marriage contract), they often times ask for it just to see if you were married before and confirm that your current marriage i properly registered.


Bob 4 AnnaMalePhilippines2012-01-06 12:18:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI am concern about these.......any advice

Bring money for parking. It is not cheap! I think Karen ended up spending 25 pounds for parking.

Where did Karen pay 25 pounds for parking in the Philippines?
Bob 4 AnnaMalePhilippines2012-01-06 12:11:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

2. He petitioned for the son as a child of his. Bio or not bio, he married that woman and the child becomes his, regardless whether the child is a biological child or not. So he is rightful to file CR2 petition in any case. The question of whether bio or non-bio, is no longer a material fact that will make a difference in determining immigration benefit, thus it is not a big problem whether you have disclose it or not. But if you did put it on the form some where to indicate that he is your bio child, then you need to clarify it. If nothing on the form makes the bio suggestion, then you are probably OK.

I see no need for the US Consulate to request a DNA test. Whether or not the DNA matches the son still qualify for the same type of immigration benefit, as a natural son or a step son, so why would they bother?

Here's the issue:

For Immigration purposes USCIS recognizes 3 parent/child relationships:

1. Biological Child
2. Adopted Child (meeting specific requirements)
3. Step Child

For the I-130 Petition you have to establish the beneficiary's relationship to the US Citizen:

For a BIOLOGICAL child you use the child's birth certificate which lists the US Citizen as their birth parent.

For an ADOPTED child you use the adoption paperwork and other documents to prove the child meets the requirements (orphan etc).

For a STEP child you use the marriage certificate between the step parent & biological parent and the child's birth certificate showing the relationship to the biological parent.

USCIS doesn't equate "Listed on birth certificate" with "Biological Parent" and will request DNA if they have even the slightest doubt of the child's paternity. Since the child was born 18 months prior to the marriage I would expect the Embassy to want DNA. I imagine the only reason they didn't ask for it in the denied CRBA filing was because the US Citizen didn't meet the residency requirement so there was no point.

The implications of a naturalized US Citizen and his Filipino wife getting caught MISREPRESENTING A MATERIAL FACT while attempting to secure immigration benefits are severe, don't take the chance.

Edited by Bob 4 Anna, 06 January 2012 - 04:01 PM.

Bob 4 AnnaMalePhilippines2012-01-06 16:00:00