ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Procedures2 seminar's before you can leave the philppines?
Hi DavidnMay,

Here's my personal experience with the requirements, process and maybe most importantly, the mentality of "process" (or lack thereof) of the folks running the gov't and quasi gov't offices in the PH. I thought I would share as it may shine some light and highlight the choices you have:

The CFO provides many different programs and services for Filipinos. The one of interest for immigration is called the GUIDENCE & COUNCILING SERVICES (seminar) FOR EMMIGREES". Reference below to "CFO" mean this specific program.

Getting a PH passport renewed (either due to name change or due to loss/expiration) does NOT, in and of itself, trigger the CFO requirements.

An immigrant visa from another country does NOT have to be issued to go to the CFO counciling seminar. The Visa DOES have to be issued and affixed to the philiipino's passport in order to have the CFO Emmigrant Registration STICKER affixed to the filipino'a passport. THIS STICKER IS the ACTUAL REQUIREMENT THAT PH IMMIGRATION WILL CHECK BEFORE ALLOWING A FILIPINO TO DEPART THE PHILIPPINES WITH AN IMMIGRANT VISA IN THEIR PH PASSPORT FROM ANOTHER COUNTRY (ie USA), How do these folks at the airport know to "require" the CFO Sticker?? Easy. If a filipino is leaving the country, and their passport does not have a immigrant visa affixed, then no CFO Sticker required - free to depart the PH. If their passport DOES have a immigrant visa affixed, then they will look for the CFO Sticker. No Sticker - no Leaving the PH.

My experience with the Flipinos working in these kinds of "beaurocratic" offices is that they can not sperate the specific task that they are responsible for from the "End State" or "Final Conclusion" that may or may not be the intention of the customer, even if they have no expertise nor authority nor responsibility for those other subsequent steps in the process. For this reason, I alwys recommend NOT sharing the Big Picture with the person from whom you are asking perform a specific task. This, I beleive, is the reason for the beginning of the misinformation and frustration you received during your first visit to renew your passport. You stated in your Original Post that you explained you wanted to update the passport to the married name in preparation for your emmigration to the USA. The worker heard immigration and immediately decided it was their personal job to ensure that you did not emmigate from the Philippines without the CFO Emmigrant Registration Sticker. This of course is nonsense, but it is an everyday reality here in PH. If you would show up at DFA (even better, use the online process - yes, which still requires an in person appearance, but an appointment time is managed by the online service proovider and you will not have to wait in line with the masses at DFA) making a request to update your passport with your married name. PERIOD. Don't say anything else. Don't offer any info about emmigration, no small talk about medical and embassy interviews. Nothing about how the finance is American, nothing. You will have no trouble getting the updated passport.

You are definately wise to get the passport updated to maiden name while still in the Philippines. If you decide to do this before the US Visa is issued, then you must do it in time to have it back in your hand BEFORE the SELC Medical Exam. The reason is that SLEC collects the passport during the Medical Exam and forwards it directly to the US Embassy. The next time you see the passport, it will already have the USA Immigrant Visa affixed.

If you want to split the CFO work into 2 pieces, you can take the first piece (the counciling session) at anytime, but you will not be able to complete the second piece until you have the passport containing the USA Immigrant Visa back in your hand (which wont happen until after the US Embassy interview).

Good luck to you!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-03-20 05:07:00
IR-1 / CR-1 Spouse Visa Process & ProceduresInterview Problem. I'm so confused.
Great news! Way to keep the faith and work the system!!!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-03-29 03:51:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSCIS reply to NY times
Oh Pllleeeeeaseee.......Gonzales needs to go back to his fantasy land and consult with the Harvey!
TinTin and SambyMalePhilippines2008-03-23 02:20:00
IR-1 / CR-1 Spouse Visa Process & Proceduresst. lukes medical
QUOTE (mogdog @ Apr 3 2008, 03:31 AM) <{POST_SNAPBACK}>
My wife has her medical at St. Lukes scheduled for the same day as her interview on May 12. Medical at 12:00 a.m. and her interview at 6:30 a.m. Since this is obviously a mistake can she just show up at St. Lukes the week before her interview and take her medical?


Well,,,maybe this is USE Manila's attempt at humor!! Ha! Thy certainly need to do something differently, they really are messed up now!

Regarding your question.. Yes, you can go to SLEC anytime you want up to a month before your embassy interview. (i would suggest 2-4 weeks, as only 1 week before doesn't allow for any delays - which happen much to frequently here! lol

No appointment letter is needed to go to SLEC. Just check the documents you will need at the manila embassy web site and don't forget to get the 6 photos!

Good Luck!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-04-04 09:54:00
K-1 Fiance(e) Visa Process & ProceduresMinimun age

Is there a minimum age requirement to file a I-129f for a beneficiary in the Philippines ? is it 18 or 21 ? does anyone know ?
I know if you are under 21, you will need parental permission to get married in the Philippines but the marriage will take place here in the states where there isnt an age minimum.

She will need a letter of parental consent if under 21 or 22 [Not sure] for her CFO seminar!


I thought the CFO Seminar is only required if you are getting married IN the Philippines. Since the are getting married in the US, isn't the CFO session not applicable? Can someone confirm my understanding of this? Thanks!
TinTin and SambyMalePhilippines2007-06-17 20:45:00
K-1 Fiance(e) Visa Process & ProceduresPassport Problem?

How long does it take to receive a passport in the Philipines? maybe she could use her passport for the interview and then get a new one before she leaves to come to the USA. Or maybe she can just make color copies of her current passport before surrendering it.


THanks for your reply vismaster, Unfortunately, in the Philippines, you have to surrender your passport at the medical evaluation appointment and the next time that you have your passport back is after the interview. At that time, it already has the VISA Stamp affixed. So, can't surrendor it then, else wouldn't have the VISA for travel/entry to USA.

-Samby
TinTin and SambyMalePhilippines2007-07-15 10:01:00
K-1 Fiance(e) Visa Process & ProceduresPassport Problem?
Bill Y Bella, I'm sorry I can't offer specific help regarding your situation. And please forgive me for tagging on to your post regarding your secondary problem, but that is exactly my finance's "catch 22" also!

She has a passport. That passport has immigration arrival and departure stamps that are critical evidence for our demonstration of having met in the past 2 years. Her passport will expire about a year after we estimate (hope!) that her K1 visa will be issued.

We are concerned that it will take longer to get her AOS/LPR after she arrives here in the USA then the amount of time left on her passport before its expiration. The problem will be that then she will need to renew her passport becuase if it expires she will not be able to travel. When we go to renew the passport, once again she will loose all of the previous documentation in that passport: this time for the CFR, K1 VISA, entry stamp to USA, etc. All of which I would think we would want as documentary evidence for further immigration steps in the future .

What would be best is if she went to get a "fresh" passport just before her embassy K1 interview (actually before the medical exam where you first have to surrender your passport), so that that passport would have enough future validity time to survive and collect documentation throughout the multi-year immigration journey. But alas, the "catch 22" comes up again, because for her to do that, she would have to surrender her current passport which has the evidence we need for the K1 Embassy interview!

If anyone else has found a way around this problem, thanks in advance for sharing it here.

Bill y Bella, I hope that maybe other people's experience with renewing and reissuing passports will be helpful to you as well as me. Good luck!

-Samby
TinTin and SambyMalePhilippines2007-07-14 16:53:00
K-1 Fiance(e) Visa Process & ProceduresFiancee filling out G-325A
You may find this link helpful:

http://www.visajourn...showtopic=78297

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-18 04:15:00
K-1 Fiance(e) Visa Process & Proceduresplease help, fiance visa for fiance in the philippines

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

Edit

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.


This appears to be a common error but your statement does not represent a correct interpretation of the quote from the I-129F instructions. The passport does not need to have been issued 5 years ago. It has to have been issued with a validity of at least five years, meaning the expiration date is at least five years after the issue date. You don't have to prove you've been a citizen for five years. You are just proving you are a citizen. The USCIS recognizes that if you have a passport, you must have proved at some point that you are a citizen. A US Citizen can file a petition as a USC, the day they receive citizenship.

Children aged 3 to 17 are issued five-year passports.


As to the OP's question about finances, you must give evidence of your current income. If you file 2007 taxes in time to provide a copy to your fiance at interview, then do so. If there isn't time, you'll need to provide an employer letter and most recent pay stubs to support your statement of current income on your I-134. You may annualize your current income. You need not limit the number to a past full year of income. The employer letter and pay stubs are a good addition, even if you have the tax return. Just indicate in a cover letter to your financial package that you were not required to file a tax return because you had no income for the previous years.


Thanks for the correction and clarification, pushbrk.

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-27 02:11:00
K-1 Fiance(e) Visa Process & Proceduresplease help, fiance visa for fiance in the philippines
Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

5. What Documents Do You Need to Show That You Are a U.S. Citizen?

A If you were born in the United States, give USCIS acopy, front and back, of your birth certificate.

B. If you were naturalized, give USCIS a copy, front andback, of your original Certificate of Naturalization.

C. If you were born outside the United States and you area U.S. citizen through your parents, give USCIS:
(1) Your original Certificate of Citizenship, or
(2) Your Form FS-240 (Report of Birth Abroad of a United States Citizen)

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

Of course, demonstrated citizenship is but one requirement, you will need to review the entire instructions of the I-129F form regarding other filing requirements to answer your question regarding your ability to file a I-129F petition.

I am sure others can help you with your financial eligability/ITR question. As for your mother being a co-sponsor, has she continue to maintian her US permanent residency after becoming a naturalized citizen? I beleive co-sponsors must be permanant US residents so just to be certain, in case for example, your USC mother went home to her original country and was no longer a US Permanent Resident, I dont believe she would qualify to act as a co-sponsor. Of course, I dont know if that is your situation or not, just included it to be thorough. Someone please correct me if I am wrong on this last point.

Good Luck to you and your gal, cebu15!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-20 06:38:00
K-1 Fiance(e) Visa Process & ProceduresNEWBIE STARTER KIT!

CONGRATULATIONS ON YOUR ENGAGEMENT! You must be so excited! Man, there is so much for you to digest...plan on reading a great deal! No, getting married to a foreign national is not like the movie 'Green Card'. You are gonna be shocked!

Do yourself a favor and read the GUIDES <---click here!

Read the FAQs <----click here!

And if you have a specific question that you're unsure of...hit up the Forum Search <---click here!. Most times, your question has been asked and answered countless times over.

Please refer to these tools that our most gracious and benevolent admin CAPTAIN EWOK has provided. And many members have worked very hard to write all this info.........

And one more thing....BREATHE!!! Yes it seems like a lot of ####### and red tape to go through, but there are countless couples who have gone through this and who have lived to tell the tale.

oh, and no, you cannot file for a K-1 and get married while you're waiting. <---CLICK HERE!

*hugs to Tara & waves to everyone in Site discussion*


Like the concept! Agree with others and LisaD herself about swapping out some of the slang...maybe also reword the '####### and red tape' also....:)

Lisa, you did a great job of saying what needed to be said in a Fun, Happy, Supportive and Welcoming style. Good job!

I think this shows what that old adage says "It's rarely WHAT is said, but rather, HOW it is said that can be the cause of problems."

TONE is everything, particularly in an internet forum environment like VJ...and even MORE particularly when the forum participants come to the table with wide ranging language and cultural differences.

Maybe Lisa would be benevolent enough to provide her idea and work effort to VJ, so VJ (captn) could incorporate it into the Admin authored pinned posts.

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-27 00:11:00
K-1 Fiance(e) Visa Process & ProceduresTOUCHES!!!

forget touches; I just want a dang NOA1 so I feel like I actually exist to these people :blink:

alien fiancee... alien spouse... weird non-existent creature dwelling in the dark underworld of the USCIS... you guys really know how to make a girl feel welcome ;)



Welcome! Welcome! Welcome! Welcome! :dance: :dance: :star: :star: and Welcome again!!!

There ya go! Sometimes you gotta take the Welcomes from wherever you can get them! Hang in there! :)

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-31 21:10:00
K-1 Fiance(e) Visa Process & ProceduresProof of giving Money to Fiance

I think people who've been to third world countries like Vietnam understand why we help support our fiancee while she is there. I'm not saying anything bad about Vietnam. I'm actually very fond of Vietnam and always enjoy my time there with my fiancee's family. However, comparing the situation of a fiancee in a modern country and third world country is comparing apples and durian.

Cheers.

John



Comparing apples and Durian!!! That's great!! Thanks for making me smile, John! :)

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-31 23:47:00
K-1 Fiance(e) Visa Process & ProceduresProof of giving Money to Fiance

I got a smaller credit card of mine put in my fiancé's name. That works very well. I get monthly statements and it is only $5 for her to get money. It is working out well



My aunt is going back to Vietnam so I figured I would pass some money to her to give to my fiancé to help her out with bills, food and school. I just wanted to show financial support in helping her out. I know that giving cash is hard to provide. I also figured that there might be no way of showing proof when it comes to cash.


Giving someone money is NOT proof of a relationship.



I completely agree that giving someone money is not, in and of itself, proof of a relationship. I do wonder however, if demonstrating support of your fiance(e) would/could be one part of a total picture of an ongoing relationship. I have often wondered if this fact would be looked on favorably or unfavorably by the consulate officer (CO) during the visa interview.

On the possible favorable side, the petitioner is demonstrating their comittment to support the beneficiary (loosely analagous to the support demostrations that will be required later at the approval phase via I-134, etc).

On the possible unfavorable side, the consular officer may view this support in a negative light: ie that the beneficiary is somehow demonstrating a (financial) dependancy on the petitioner. Even if no such dependancy actually exists, could the Consular Officer latch on to a perception of one?

Folks, please...No Flames...Please read the whole post...It's an honest question regarding perception of the CO at the visa interview.

Nowhere here am I saying that one should or should not provide money or other financial support to their beneficiary. Everyone should do as their circumstances and heart dictate.

Nowhere here am I saying that demonstration of support during the pre-interview timeline is asked for or required by any rule, form, law or any other such governmental vehicle.

The question is what is your opinion regarding the disclosure of any financial support that you may have given in terms of its potential impact on the CO at the visa interview: Irrelevent?, Beneficial?, Negative?

Thanks!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-30 22:39:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Error

Hi tampamike,
My friend has the same situation as yours, vsmtghdy is CORRECT . follow her advice.
do not worry, it will only takes 1-2 months.Just make sure to gather all the requirements and follow up her case


Hi Krisahmiah,

I dont know what scenario you have followed, but there is no way this will get fixed in a month. There are SEVERAL different steps involved in the process that individually have 21 and 30 day waiting periods. 1-2 months to complete? - not even possible.
TinTin and SambyMalePhilippines2007-08-03 15:34:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Error
Mike,

Just checking some facts on your situation:

1. Your gal has ner NSO Authenticated Birth Certificate. Yes?
2. It is THIS NSO Authenticated Birth Certificate (not her local Certificate of Live Birth issued in the province when she was born) which states that her gender is MALE. Yes?
3. If #1 and #2 are YES, then does her Origianl local Certificate of Live Birth show her gender as MALE also or does it correctly show as FEMALE?
4. Was your gal's birth documented as a "Delayed Late Registration" - this is when the orginal live birth for a host of reasons did not get recorded in the weeks/months following her birth, and therefore a process know as Late Registration had to be followed (typically many years or even decades after her birth) to officially register her.

The staps i would recommend you try first depend on the answers to these questions. For example:

If the NSO does not have a record of her birth and the error is in the Local Live Birth Certificate, then I would follow the LATE REGISTRATION process and submit proofwith the Late Registration application that the local Live Birth Certificate was 'obviously' in error. This avenue would start with NSO, not the LCRO. So your gal would go to NSO in Quezon City to get the process details. The result would be that the NSO's Authenticated BC could be correct and the original Local Live Brith Certificate would still be wrong. But that doesnt realy matter much, becuase it is the NSO Authenticated Birth Certificate that is the important one and is used for virtually everything in the Philippines.

If the NSO Authenticated BC is wrong but the local Live BC is correct and there was no Late registration involved, then there is a chance to use the Administration Clerical Error correction process - but you will have to get agreement from someone in the Local Civil Registry office, becuase in this scenario, that is where the correction process will have to begin.

If the NSO Authenticated BC is wrong but the local Live BC is correct and there was Late registration involved, then there is a chance to use the Administration Clerical Error correction process - in this scenario, the clerical error was in the application/execution of the late registration by NSO. so the place to start would be the NSO office in Quezon City (manila).

If the NOS Authenticated BC is wrong AND the Local Live Birth Certificate are wrong, then you are back to the LCRO to begin the process and most likely, will have to go the judicial route. Since your gal is in Manila, you could get an attorney involved to handle it - BUT BE CAREFUL!!!!!! There seem to be 3 kind of attorneys in the philippines: 1) Incompentent ones 2) competent, but uninterested/unresponsive and 3) competent and responsive. You need #3, which are a distinct minority. There are many stories of filipinos who hired an attorney and trusted them to do their job and a year later, their paperwork was still sitting on the attorney's desk - untouched.

Also, regarding the diversity of recommendations you have received or heard about for getting this correted. Yeah...that's one of the most frustrating thigs about the Philippines. Every interation of a given process in the Philippines will take on a defination of its own, depending on which person at which office on which day you inquire. And, especially in the province, even the relationship between the person requesting and the person giving advice. Very frustrating to know that there are many ways to solve the problem, yet the person in front of you sits there and insists that there is only one way - his way. Acknowledging ignorance and flexability are not strong suits in the pilipinas culture. Going around is much easier than going through a blockade there.

Good luck!!! Keep remembering how much you love your gal.. That will help you get through the nightmare.
TinTin and SambyMalePhilippines2007-08-02 21:02:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Error

Thanks for the advice. 4-6 months does not seem to bad. Fiance is from Surigao, but lives in Cavite now. It will be hard on her to make all those trips to Manila, but I am sure that she is willing to do it. I was just over there a few months ago. I wish we would have started the process then instead of waiting until now. What do you recommend about filing K1 papers. Should I wait until I know this mess is cleaned up or try to work on both at the same time. Thanks again!


If you are ready to file K1 - by all means go ahead. That will take 6 months more or less anyway, just get going on the Gender Correction asap. as you will need that to send in with the Package 3/4 information to the Embassy before her interview there.

If she is living in Cavite now, then, that's basically Manila. Yeah Queszon City is on the other side of Manila from where she is so she will have traffic and stuff, but that wont be the hard part. The hard travel will be the trips back to Mindinao that she will have to do. Since you say she is from Surigao, I am assuming she was born there. So that is the place she will have to go to start the process with the Local Civil Registry Office (LCRO). If her Mom is still living there in Surigao and that is where she (your fiance) was born, then the first thing you should do is have her call her mother and have her Mom go down to the LCRO in the town where she was born and had her Live Birth recorded (might be an office in the barangay or if her barangay is small, it could be an office in the main town/city of which her barangay is a part). Have her mom talk to the Registry Officer at the LCRO there and explain what needs to occur. That is the person/office where everything will flow from. So, you will want to make sure your gal and her mom are on good terms with him - you will be needing and relying on him and his 'goodwill' many many times during this long, circuitous process. Good Luck!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-08-01 23:15:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate Error

Unless I am mistaken, the new Act only allows the correction of spelling errors. They cannot change the gender without the court order. I will pass your post on to her. It will not hurt to try. Thank you for taking the time to reply.


I'm sorry to hear of your problem. Unfortunately, this is an all too common problem in the Philippines - and there is no fast, straight forward solution. :( I have helped many different Philippinos through the steps involved, and unfortunately, I can tell you that it will be an ugly, frustrating and long journey.

The Republic Act 9048, also called the "Guinigundo Law", of the Philippines, suppossedly makes the correction of simple clerical errors a "straight forward" thing. In practice, this is far from the case. Although, technically, the Republic Act 9048 does NOT provide for the correction of gender and, in fact, states specifically that gender corrections must go through the regional judicial venue, I have personally been successful in getting Gender corrections fixed following the process outlined by the Republic Act (which vsmtghdy nicely highlighted in the above post). However, I also know of people who have been unsuccessful in utilzing The Republic Act to do this same correction and were forced to go through the judical processes.

In either regard - I hope you have some time, because you can expect that this process will take a minimum of 4-6 months, even using the suppossedly "new , easy, Republic Act 9048 for correction of clerical errors". You can also expect that it will take on the order of 8-12 in-person visits to various offices. That becomes even more of a dilema if your finance is from the province and not the National Capital Region (Manila). It will involve trips back and forth between her province and Manila.

So...start now! You will be collecting many documents (Local Birth Certificate, Baptismal record, School record from Elementary school, High School, affidavits, NSO Authenticated Birth Certificates, Judical orders, Public Notice documents, etc, etc) along the journey which will be required. My advise is to always order and pay for 3 official copies of each. Believe me, you will need them again and the additional cost while there to get the first copy is nothing compared to the time, travel and stress that you(she) will endure to get that first copy.

I'm sorry this sounds so negative. It's just that you need to understand it is a long, frustrating road to get things like gender (and even mispelled first names!) corrected in the Philippines. It can be accomplished!! I've done it - several times!! Start Now! Have patience! Try to keep a smile on your face!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-08-01 21:37:00
K-1 Fiance(e) Visa Process & ProceduresApplicant's residence the last 5 years G325A

This is how I set up an example can anyone tell me if I am on the right track?

Form G325A : Applicant's Residence Last Five Years. List Present Address First. For example: Right?

Street and Number City Province or State Country Month Year Month Year

1)Calle Cervantes
# 1 Apt. 3C Santo Domingo Gazcue Dominican Republic July 2007 Present Time
2)Angel Perdomo
#15 Apt.1B Santo Domingo Gazcue Dominican Republic August 2003 July 2007
3)Avenida 27
# 384 Apt. 3B Santo Domingo Mirador N. Dominican Republic May 2002 August 2003
4)12345 south """"""""""""""""" GA USA July 1976 May 2002

is this how it should be?


This is the same way I listed my addresses. In addition, since all addresses (foreign and domestic) are listed here in chronological order, I entered "Included in above" in the next area of the form that asks specifically aout foreign addresses. Of course, there is a seperate placde on the form for you to list a "current contact address" for mailing/communication purposes.
TinTin and SambyMalePhilippines2007-08-06 06:29:00
K-1 Fiance(e) Visa Process & Procedureshelp about fiance visa birthcertificate,please
Hi cebu15,

So as you can see from all the responses here, there isnt only 1 answer to your question. But in summary, keep in mind these points:

1. There is no hard requirement to submit the beneficiaries birth certificate, certified or simply copied, with the I-129F application.

2. Some percentage of people choose to submit the beneficiaries birth certificate with the application, even though it is not required. They do this in hopes that a more complete set of information *MAY* minimize any delay in the approval of the I129-f application. If you want to do this, a photocopy or scanned&printed image is perfectly acceptable to submit with the I-129F.

3. Regardless of what you choose to do when you submit the I-129F Application, the beneficiary will be REQUIRED to submit her official NSO AUTHENTICATED LIVE BIRTH CERTIFICATE issued and printed on NSO SECURITY PAPER at the time of her Interview at the US Embassy in Manila. This can not be a photocopy or any other form, but must be an official document issued by the Philippine National Statistics Office (NSO). This offically issued certificate is considered to be an 'original' copy for identification purposes.

-You may want to have a look at this link for more details on the Authenticated Live Birth Certificate: http://www.visajourn...p;#entry1055184
TinTin and SambyMalePhilippines2007-08-07 07:03:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa ( tourist visa)

My fiance is thinking of applying for a tourist visa so he can come visit me. We sent in our I-129F already and still waiting for NOA1. Anyone from the Philippines dealt with this situation where your fiance flew her for tourist visa? He had a tourist visa before but it's expired. Will it take along time to renew the visa? Please let me know. Thank you so much.



Applying for tourist visa in the Philippines is a game of chance especially if you are single. He can try though who knows he might get one.

Good luck



He had a tourist visa before but it expired. I was wondering how long it will take again to re apply.


Pinaylang,

Generally, it is nearly impossible for the average pinoy to get a tourist visa to the USA - even less of a chance if he has a 129-F pending. The "Strong Ties" means test is such a huge hurdle - even for a Univesity Educated, Professionally Employed, Home-Owning Pinoy. This would describe a distinct minority of people in the Philippines and the vast majority of these people would still get denied a tourist visa.

However, you do mention that he had previously received a Tourist Visa to the USA. Some questions to think about:

1. How long ago was the previous visa issued?
2. Did he actually use the previously issued visa - did he actually travel and get admitted into the USA?
3. Under what circumstances was he granted the previous Tourist Visa? - Family abroad? Work? Traveling with Organized Group? Owns business in PI? Entertainer? Accomplished and Published specialist in a certain field, ie Medicine, Law, Engineering, etc...
4. Have his circumstances changed since when he last applied and was granted a tourist visa?

Edited by TinTin and Samby, 15 August 2007 - 08:57 PM.

TinTin and SambyMalePhilippines2007-08-15 20:54:00
K-1 Fiance(e) Visa Process & ProceduresRegarding the timelines database
Exactly. Which is why my contention is that the MAILED DATE (the date the Petitioner mailed the application to the USCIS) is IRRELEVANT for purposes of tracking and estimating timelines.

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-08-01 23:22:00
K-1 Fiance(e) Visa Process & ProceduresRegarding the timelines database
Good topic, thanks to the OP. THis is something I have wondered about also.


IMHO:

DATE Petitiioner MAILED (OR REMAILED - see example below) application - IRRELEVANT
DATE application RECEIVED by USCIS - FIRST REAL TRACKING DATE
DATE USCIS ISSUED NOA1 - SECOND REAL TRACKING DATE

The above would also handle the real delays that occur when an incomplete application is RECEIVED by USCIS but returned to the petitioner, hence causing an extended NOA1 ISSUED DATE (subsequent to the second MAILED date after correction has occurred and application is resubmitted by petitioner, etc.).

Warm Regards,
Samby
TinTin and SambyMalePhilippines2007-07-31 21:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 after divorce
QUOTE (Stardust72 @ Sep 2 2007, 10:22 AM) <{POST_SNAPBACK}>
My boyfriend just called to tell me that after I gave him all the information from here, he contacted an immigration firm. They think it shouldn't be a problem, but they agreed to look into it for us. So that means there's still hope that we can file this month smile.gif



Sorry, but those sneaky USCIS folks really outdid themselves on the wording on this one for the 129F application.

The 129F does not state that your divorce must be final (which in Wisconsin, it is on the day of the court decree - no waiting period required for the divorce to be final). Unfortunately, the wording on the 129F states that your must be "Free to Marry". This includes both having the Final Divorce Decree PLUS the expiration of any subsequent waiting period required before being able to remarry (and in Wisconsin, that is 6 months from the the date of the final divorce decree).

You're going to have to wait for the 6 months after the final divorce decree to elapse before you can file the 129F. Pretty much sucks...but, there it is. Best of Luck.

Samby (Wisconsin divorce - 2002)
TinTin and SambyMalePhilippines2007-09-02 15:07:00
K-1 Fiance(e) Visa Process & ProceduresFinancial Support - Started Work Mid year
QUOTE (YuAndDan @ Oct 2 2007, 05:35 PM) <{POST_SNAPBACK}>
QUOTE (chrisandamye @ Oct 2 2007, 08:09 PM) <{POST_SNAPBACK}>
HI,

Im in a similar sort of situation. My fiance and I met in South Africa and I just moved back and got a job in July. After researching it here on this forum more, I decided that it would be best if we got another person to also sponsor my fiance. I make enough money, but havent been working that long and have no assets. I read about people getting turned away from the interview for not having the two years of tax returns (I read it more than once). To be safe, we've decided to get my dad to sponsor him as well as myself. I hope this helps. Best of luck to you.

Some consulates wont accept a co-sponsor like the Philippines.


"Some consulates wont accept a co-sponsor like the Philippines."

Is this really true??
TinTin and SambyMalePhilippines2007-10-05 02:05:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affadavit of Support - To emboss or not to emboss
Thanks all for sharing your experiences and insights!
TinTin and SambyMalePhilippines2007-10-16 19:50:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Affadavit of Support - To emboss or not to emboss
Hi all,

I went to my bank today to get my I-134 Affadavit of Support notarized. It has been many years since I have had to get something notarized. According to 2 different notaries at the bank, they no longer use an embosser. Today, according to them, everything is simply stamped with an InkPad Stamper. (Of course this is in addition to their written signature and date.)

Has anyone else experienced this: getting documents notarized without a raised (embossed) seal? Anyone ever have any problems with US Embassys questioning the authenticity of these kinds of notarizations?

Thanks for your input.
TinTin and SambyMalePhilippines2007-10-16 00:17:00
K-1 Fiance(e) Visa Process & ProceduresAny Retirees Out there that have gone through the K1 Process
Hi All,

Since retirees may have no (or a reduced) WAGE income (ie are not an actual EMPLOYEE of any company), It follows that showing current W2s or having a letter from employeer would not apply.

Have you used Interest Income and/or 401K/IRA disbursement Income to demonstrate the required income levels required for support of beneficiary?

Did anyone use savings/liquid assets to demonstrate capability of support of beneficiary

Thanks for sharing.
TinTin and SambyMalePhilippines2007-10-19 15:21:00
K-1 Fiance(e) Visa Process & ProceduresIncome requirements for demonstrating support of beneficiary
QUOTE (pushbrk @ Oct 21 2007, 04:48 PM) <{POST_SNAPBACK}>
QUOTE (TinTin and Samby @ Oct 21 2007, 04:36 PM) <{POST_SNAPBACK}>
Anyone have any info to share on this? Thanks.


No problem whatsoever. Go for it. Income is income.



Thanks for replying, pushbrk. So, no problem with 401K distribution income needing to prove asset size so that that income stream will continue into the future? THoughts?
TinTin and SambyMalePhilippines2007-10-21 18:59:00
K-1 Fiance(e) Visa Process & ProceduresIncome requirements for demonstrating support of beneficiary
Anyone have any info to share on this? Thanks.
TinTin and SambyMalePhilippines2007-10-21 18:36:00
K-1 Fiance(e) Visa Process & ProceduresIncome requirements for demonstrating support of beneficiary
Hi All,

Is there any issue with relying on Interest Income and 401K disbursement Income to demonstrate the required income levels required for support of beneficiary?

Thanks.
TinTin and SambyMalePhilippines2007-10-16 00:21:00
K-1 Fiance(e) Visa Process & ProceduresStaying together while waiting?
QUOTE (chrisandamye @ Oct 22 2007, 04:11 PM) <{POST_SNAPBACK}>
It's not a crime to go on vacation for a long time, but it is a violation of your "visa" to stay beyond its expiration date. When traveling abroad on an American visa (I am American and did this in Europe), you are given a 90-day "tourist visa" immediately by just having an American passport. It's not written, your passport automatically works as this sort of visa. But I can tell you, if you over stay that 90 days and they notice when you're leaving the country, that equals big fines. And no more coming into the country for a long time. So if you went to Italy (or you came over here, because I think the Italian passport works the same way for here) your fiance would have to cross the border every couple months to renew his "visa." Though, they can still catch you if they just look a couple stamps back at where you've been and for how long.

Also, I lived for a year in France working illegally and it was not as easy as you seem to think it is. With the European Union, it's a lot harder for Americans to work in Europe, especially if your fiance doesnt speak the language.

If I were you, I would do the above options and be very careful. Definitely cross the border to get the passport stamped out though. If the UK or wherever finds out he's been there for almost a year (which is close to how long this process takes), he wont be allowed back in for a long time and he's facing a heavy fine.



Every country has their own laws and regulations concerning visa stays, extensions and exits. For Example, In the Philippines, as an American, you get an automatic, free 21 day tourist visa on arrival into the country. After that, extensions can be obtained for a cost in increments of 59 days at a time (the first one is 38 days because you already had the 21 days 'free' (21 + 38 = 59). Subsequent extensions can be applied for and received without a need to leave the country for up to 16 months (24 months with prior approval) (this duration is newly extended - used to be maximum 1 year). After 16 months (up to 24 months is possible with prior approval), you have to exit the country. When you return, the whole process starts again with the 21 day automatic free tourist visa - which again can be extended up to 16 months (again, 24 months with prior approval). If you stay in the philippines continously more than 6 months, you will be required to secure an "Exit Clearance Certification" document to leave. This document must be secured in advance of your planned departure as it takes time to be issued and is not issued at the airport, but rather at other government office facilities. The Philippines does not require any particular time duration in which you have to be "out of the country", so you can literally fly out of the country to the nearest out of country airport, turn around and fly back to reset your 16 month (24 month) "clock". - although most due stay out for 1 day so the date on the passport exit and reentry stamps are different The key point is, each country has its own unique requirements and regulations and process for entrance, extensions and exits. You should be familiar with those that apply to you.
TinTin and SambyMalePhilippines2007-10-22 19:46:00
K-1 Fiance(e) Visa Process & ProceduresStaying together while waiting?
Lilith, There shouldn't be any problems for your guy. I spent nearly a year in the Philippines getting to know my (now) fiance, came back to the USA to get all my paperwork together and file and went back to stay with my gal while we wait out the remaining time until K-1 interview and approval.

Good luck!
TinTin and SambyMalePhilippines2007-10-22 15:53:00
K-1 Fiance(e) Visa Process & Proceduresno foreign police report, possible denial
QUOTE (TracyTN @ Oct 23 2007, 10:07 AM) <{POST_SNAPBACK}>
QUOTE (cartoboy123 @ Oct 23 2007, 11:57 AM) <{POST_SNAPBACK}>
You need a police check (documented) from every country you've lived in since age 16.

Carla rose.gif


A minor correction to the above:

You need a police check (documented) from every country you've lived in for more than 6 months since age 16.



An even more minor correction to the minor correction above:

You need a police check (documented) from every country you've lived in for 6 months or more since age 16. (or as otherwise specified by the US Embassy involved)

Edited by TinTin and Samby, 23 October 2007 - 03:54 PM.

TinTin and SambyMalePhilippines2007-10-23 15:53:00
K-1 Fiance(e) Visa Process & ProceduresA Surprise in My Inbox
We're very happy for you, Evan and Carly!!! Wishing you a continued speedy process!
TinTin and SambyMalePhilippines2007-10-23 01:26:00
K-1 Fiance(e) Visa Process & Proceduresi-134 Affadavit Support.. ?? and advice please
QUOTE (Kass @ Oct 23 2007, 07:26 PM) <{POST_SNAPBACK}>
QUOTE (reeses16 @ Oct 23 2007, 12:00 AM) <{POST_SNAPBACK}>
Yes, he still has to fill out and I-134. You can't sponsor yourself.


If you are saying that the fiance' (non American) cannot sponsor him/herself, this is not true. They most cetainly can self sponsor and are in the good if they make over the poverty guidelines for an individual.

2007 HHS Poverty Guidelines
Persons in Family or Household 48 Contiguous
States and D.C. Alaska Hawaii

1 $10,210 $12,770 $11,750
2 13,690 17,120 15,750
3 17,170 21,470 19,750
4 20,650 25,820 23,750
5 24,130 30,170 27,750
6 27,610 34,520 31,750
7 31,090 38,870 35,750
8 34,570 43,220 39,750

For each additional
person, add 3,480 4,350 4,000




A question for those with more experience than me in this area:

Regarding the OP's question about utilizing her own income to contribute to income requirements:

Since the OP is applying for a K visa, she is not using the I-864. However, one of the points in the I-864 instructions under what income can be used? is this point:

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in your residence. If the intending immigrant is your spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.



Does anyone know if this restriction would apply for the K visa/I-134 as well?

If it does apply, then I would think the ability to clear this restrictive hurdle would be rare - possible example: a Multi National Company (MNC) that allowed their employee to transfer from another country to the USA, or something like that. Staying in the same position or field does not qualify. It has to be the same source ("employer").

Again, I am not saying this is the case. I am asking a question , whose answer may or may not have bearing on the OP's situation/question. Thanks.

Edited by TinTin and Samby, 24 October 2007 - 01:24 AM.

TinTin and SambyMalePhilippines2007-10-24 01:23:00
K-1 Fiance(e) Visa Process & Proceduresi-134 Affadavit Support.. ?? and advice please
QUOTE (Haole @ Oct 23 2007, 12:21 AM) <{POST_SNAPBACK}>
QUOTE
The (K visa) intending immigrant simply needs to satisfy the Consular officer, they won't become a public charge. The most common way to do this is with an affidavit of support from a US sponsor. Even such an affidavit can be in another form than the I-134 but not in the form of an I-864.

Heh pushbrk!
You recommend people trying that. Get REAL bro!
Stick with what works and is tryed and true!



Now, Now...Haole....Selective editing is a bad thing.... Tsk, Tsk.. no0pb.gif If you reread his message in full and you will see that pushbrk gave a set of facts and then his opinion of what he would do. The facts are what you chose to selectively highlight, his opinion on the best course of action was indeed to file the I-134, which is the part of his mesage that you selectively left out of your quote of him:

from pushbrk: "This OP would still be wise, IMO to have an I-134. The pay stubs are optional. Three years of tax transcripts showing as six figure income will negate the need for pay stubs. Back that up with her own bank statements as insurance and no problem.

I suspect her own financials would be sufficient but an I-134 is pretty simple to deal with and worth the peace of mind."

Edited by TinTin and Samby, 23 October 2007 - 02:40 AM.

TinTin and SambyMalePhilippines2007-10-23 02:35:00
K-1 Fiance(e) Visa Process & ProceduresWill the K1 affect my future ability to get Pell Grants?
If your fiance plans to work, You may want to investigate if her income will be included in your Pell Grant "Need" calculation. Like all NEED BASED grants, the more you (your family) make, the LESS NEED you are determined to have.
TinTin and SambyMalePhilippines2007-10-25 01:40:00
K-1 Fiance(e) Visa Process & ProceduresAbout the K1 visa/ Criminal report for the interview.
Here are the things I would be thinking about if I were in your situation. How long has he been in Italy? Is this the first time he has ever been to Italy..any other country besides Tunisia? Has he departed and reentered Italy again since the first time he came to Italy? When was his last time back to Tunisia? How long has he been gone from Tunisia? Does he still receive mail, etc at some address in Tunisia? maybe for example at his parents/brothers house, etc?

"Living" in a place and "vacationing" in a place are not necessarily defined exclusively by the amount of time in question.

Of course, one of the factors that also has to be considered is how (by what means) he got into the country.
TinTin and SambyMalePhilippines2007-10-27 01:51:00
K-1 Fiance(e) Visa Process & Procedureschange of employment while applying for k1
Just to be accurate, proof of employment is NOT required. Proof of Ability to Financially Support the beneficiary IS reqiured. Typically this proof comes via your proving of INCOME (INCOME can come from many sources, only some of which are "employment" - think, Interrest, Dividend, Pension, Annuity, etc, etc). Also, substantial liquid Assets can sometimes be utilized as well to demonstrate your Ability to Financially support the beneficiarly.
TinTin and SambyMalePhilippines2007-10-27 22:13:00