tourist visa for spouse

[Ban Hammer 13,283]

thank you very much for all your replies. it helped us alot. i guess we will just file for cr1. but how to do the process pls? we are both new on visa things..ty

vj cr1 guide

[Tahoma 2,292]

Maybe now is the right time for you to apply for an IR-1 visa (married for more than two years) or a CR-1 visa (married less than two years) via the Direct Consular Filing (DCF) route.

I say this because it's never too soon to plan for the future. If something happens to you, it is my understanding that she will need to have her Legal Permanent Resident (LPR) status or her U.S. citizenship in order to collect any of your pension check or your Social Security check.

You might want to study up on the rules about this.

Regards...

~ Tahoma

To follow up on the idea of planning for the future:

It's my understanding that if your wife came to the U.S. on an IR-1 / CR-1 visa, you two could live in the U.S. for six months and live in the Philippines for six months each year for three years. Then, after she became a U.S. citizen, you would be free to live full-time in the Philippines.

The disadvantage of this scenario is that you two would have to live in the U.S. for at least six months per year for three years until she gained her citizenship. As mentioned previously, the advantage would be that, as a U.S. citizen, your wife would be able to collect your military pension and / or your Social Security if something were to happen to you. I believe this becomes even more important if you and your wife have a significant age gap and / or if you have children together.

~ Tahoma

[Tahoma 2,292]

Direct Consular Filing

[lissaday 1]

he just denied me for whatever reason... i dont really know....

Sadly, even if you had every intention to return to the Philippines, the consular officer was not satisfied that the intended stay in the United States for the visit is temporary. Your being near the end of your IR visa process did not help either.

we are planning to live here coz im already retired. im only 38 but i got injured in the army so i wont be able to work anywhere even if i want to..i want to visit my mom coz she s already getting old..ty

[Pinay Wife 47]

we are planning to live here coz im already retired. im only 38 but i got injured in the army so i wont be able to work anywhere even if i want to..i want to visit my mom coz she s already getting old..ty

Please note that if a CR-1/IR-1 applicant signifies no intent to live in the US during interview, that may pose a problem for the consul. As far as the embassy is concerned, there is no point in issuing an immigrant visa if the applicant has no intention to use the privileges that go with it. Even if CR-1/IR-1 visa is issued, if your wife does not reside in the US for at least 6 months each year, her green card will be revoked.

Another problem if you file for CR/IR is the requirement that you, as petitioner, need to be domiciled or residing in the US at the time of your wife's interview. Typically, this means having a US domicile for 6 months.

http://manila.usembassy.gov/wwwh3204.html

(On a case-to-case basis, a U.S. citizen who resides in the Philippines may be allowed to file the I-130 petition at the immigration services office at the U.S. Embassy in Manila. However, the petitioner must be domiciled or residing in the United States at the time the Filipino spouse has a visa interview.)

I-130 filing fee is $355, medical fee $213.35, Biometrics fee $80, immigrant visa application fee $400 and some other fees. And it takes 6-10 months to process.

On the other hand, a tourist visa application fee costs $131. Visa can be obtained in 2-4 weeks depending on interview appointment availability.

You may want to call the embassy and talk to a consul to discuss your situation. To schedule American Citizens Services appointments, please call 301-2000 x2555/2532, between 2:00 p.m. to 4:00 p.m.

You may also want to contact your VA for spouse benefits in case something does happen to you and your wife is not a US resident.

No need to waste time, effort and money for something that you as a couple really do not want to pursue.

Edited November 24, 2009 by Pinay Wife

[lissaday 1]

hi again!and also question about the afidavit of support..i dont file tax because i am a disabled veteran(cant work anymore) and im getting a pension from va and sss w/c are nontaxable. so do i still need I-864 if we do dcf here in manila?tyvm

[Tahoma 2,292]

hi again!and also question about the afidavit of support..i dont file tax because i am a disabled veteran(cant work anymore) and im getting a pension from va and sss w/c are nontaxable. so do i still need I-864 if we do dcf here in manila?tyvm

Maybe it would be better if you posted this question in the DCF forum.

Also, you can always call the U.S. Embassy Manila and ask them about their requirement for an I-864, since every Embassy can have a different rule about this issue.