Please help......

[roseTX 0]

this concerned is for my sister. this is the background. My sister and her american husband got married in philippines last april 2008. Until now the american husband did not file any petition for my sister becuase according to him the USCIS said they need to wait 5 years before they can file a peition.Is this true? The second reason of the american husband is that his address is just P.O box, having a P.O box address could affect the petition? What kind of petition does the american husband would file to my sister since they are married in philippines? What are the papers needed for them so they can file? The husband said he got lay off year 2004 and got back a work again 2005,,being lay off by 2004 could affect his petition too? Please anyone we need some elightenment any advice would be much appreciated. Thank you in advance...

[Bobby+Umit 161]

Petition for what? To come to the US (visa) and get a green card?

He could do a CR-1 visa right now - no need to wait, for example.

PO Box would not affect the process.

Not working in 2004 will not hurt him now. I take it he is working now? Does he live in the US or the PI?

[roseTX 0]

petition to come to the US and be with her husband here in the US....

He is working in BOeing now from 2005 up to now....

He is living in seatle now. he never lived in philippines

Petition for what? To come to the US (visa) and get a green card?

He could do a CR-1 visa right now - no need to wait, for example.

PO Box would not affect the process.

Not working in 2004 will not hurt him now. I take it he is working now? Does he live in the US or the PI?

[Canadiandggal 49]

Yes he could do a cr-1 visa to my knowledge. None of your concerns should affect the petition.

click the link to be sent to the CR-1 Guide

http://www.visajourney.com/content/i130guide1

[RightClicK 17]

Hey

The 5 years waiting thing is just a game he is playing for whatever reason he is thinking, So don't believe that , He can apply anytime he wants and since they are married since a few years , her petition wont take so long and he can apply for IR-1 (10 years green card) because they are married for more than 2 years now.The petition he needs to file out is I-130 .

If he told her some excuses , get her to write these excuses down and call the USCIS her self and ask or the department of state , then she will know all the truth.

Wish i could help

Sam

[Lovebirds2009 3]

Petition for what? To come to the US (visa) and get a green card?

He could do a CR-1 visa right now - no need to wait, for example.

PO Box would not affect the process.

Not working in 2004 will not hurt him now. I take it he is working now? Does he live in the US or the PI?

He doesn't need to wrk as long as he can have joint sponsor who makes enough money to cover his wife on affadavit.I do not work since 05 and my joint sponsor signed affadavit and no problem.

Hey

The 5 years waiting thing is just a game he is playing for whatever reason he is thinking, So don't believe that , He can apply anytime he wants and since they are married since a few years , her petition wont take so long and he can apply for IR-1 (10 years green card) because they are married for more than 2 years now.The petition he needs to file out is I-130 .

If he told her some excuses , get her to write these excuses down and call the USCIS her self and ask or the department of state , then she will know all the truth.

yes,I applied right away after our wedding and we were done with process in 6 mos This is the fastest process when you apply for spouse,so don't know what he is telling her and why...

[roseTX 0]

if ever the american husband of my sister file a bankruptcy and was laid off back in 2004, can this affect the petition too in filing CR-1 in any way? my sister is very confused please we need help....thanks a lot for everyone who replied me here...

[thekfc 26]

I will repeat again what everyone said in bold.

this concerned is for my sister. this is the background. My sister and her american husband got married in philippines last april 2008. Until now the american husband did not file any petition for my sister becuase according to him the USCIS said they need to wait 5 years before they can file a peition.Is this true?

No, that is NOT true.

The second reason of the american husband is that his address is just P.O box, having a P.O box address could affect the petition?

No, it will not.

What kind of petition does the american husband would file to my sister since they are married in philippines?

IR-1/CR-1

What are the papers needed for them so they can file?

Start filing I-130.

The husband said he got lay off year 2004 and got back a work again 2005,,being lay off by 2004 could affect his petition too?

He only have to show tax transcripts for the year 2010, 2009 & 2008 or 2009, 2008 & 2007 - NOT before. So what happened in 2004 will not affect the process.

if ever the american husband of my sister file a bankruptcy and was laid off back in 2004, can this affect the petition too in filing CR-1 in any way?

No, it will not.

There is NO 5 year waiting period to file for your spouse.

Edited September 7, 2010 by thekfc

[roseTX 0]

to all of you here my visa journey family from the bottom of my heart thank you so much for all the enlightenment you have shared to me and to my sister. THANK YOU SO VERY MUCH...

[Bobby+Umit 161]

He doesn't need to wrk as long as he can have joint sponsor who makes enough money to cover his wife on affadavit.I do not work since 05 and my joint sponsor signed affadavit and no problem.

I didn't say he had to be working - I just asked if he was.

Lack of working now would mean he might need a co-sponsor, which could explain the "wait" he may not have any willing to sign up

- also - my followup question was to see where he is, which would call into question if he was waiting to do a DCF (which could necessitate a "wait"), or establish US domicile.

[roseTX 0]

the husband is working in boeing from 2005 up to the present as aircraft mechanic supervisor in Seatle.

Can you expound about DCF, bobby+Ummit?

I didn't say he had to be working - I just asked if he was.

Lack of working now would mean he might need a co-sponsor, which could explain the "wait" he may not have any willing to sign up

- also - my followup question was to see where he is, which would call into question if he was waiting to do a DCF (which could necessitate a "wait"), or establish US domicile.

[Bobby+Umit 161]

the husband is working in boeing from 2005 up to the present as aircraft mechanic supervisor in Seatle.

Can you expound about DCF, bobby+Ummit?

Direct consular filing - this is used when both parties live in the foreign country and wish to get immigration status for the non-USC. Usually, there is a certain amount of time you have to be in the country before you can apply for this. But this is not the case since the person is currently in the US. (which also solves the domicile issue).

[Alan-and-Ira 1]

The Petitioner can list his PO Box as a mailing Address, but he needs to mark it as a MAILING ADDRESS. Additionally he has to put his home address as a residential address on the petition. We had this issuie - our petition got approved at USCIS and just passed the NVC. All the correspondence the Petitioner got to his PO Box. Good luck!

[Norm and Grace 0]

this concerned is for my sister. this is the background. My sister and her american husband got married in philippines last april 2008. Until now the american husband did not file any petition for my sister becuase according to him the USCIS said they need to wait 5 years before they can file a peition.Is this true? The second reason of the american husband is that his address is just P.O box, having a P.O box address could affect the petition? What kind of petition does the american husband would file to my sister since they are married in philippines? What are the papers needed for them so they can file? The husband said he got lay off year 2004 and got back a work again 2005,,being lay off by 2004 could affect his petition too? Please anyone we need some elightenment any advice would be much appreciated. Thank you in advance...

Looks like he has more excuse then a 50 year old virgin why not to petition your sister

1. He don't have to wait 5 years to petition. He can petition immediately after marriage and its faster if does it at the US embassy in Philippines.

2. It don't matter if he has PO box for address.

3. They only need last three years of tax forms not all the way back to 2004.

4. Tell him not to stall any more and to go file at the embassy. (it should only take around 3 months if all goes right)

5. Maybe he is hiding something???????

[Lovebirds2009 3]

if ever the american husband of my sister file a bankruptcy and was laid off back in 2004, can this affect the petition too in filing CR-1 in any way? my sister is very confused please we need help....thanks a lot for everyone who replied me here...

NO-BUT IF NO ENOUGH(WHAT'S REQUESTED) MONEY-HE NEEDS JOINT SPONSOR(S) AND HE'S FINE.And last-no matter what he did and when he did if he wants her there he'd file right away,regardless of outcome.Just so they can be together!!!!