Finally..beginning the journey but need help.

[retiredchief114 0]

Hi,

First, I would like to thank everyone in advance if they can help answer my questions in any way.

Here is the background to my story so you will understand my questions. I married my lovely wife in the Philippines back in Oct 2003. Since I am a retired Navy chief and have a steady income (enough money to live fairly comfortably on in the PI but not the U.S.)we decided we would build a house an live in the PI. I traveled back and forth from the U.S. to PI to make enough intitial money to build the house. After the house was built we where living happily together for about a year when I was notified the half of my pension was now being given to my ex-wife for back child support. Faced with this dilmena and not enough money to continue to live in the PI now I went back to take care of it which we thought would be around 6-8 months.

Well six months is going on 5 years now. I tried renewing my passport and it is denied until I haved paid back all child support. So, I was not able to go visit her. We didn't want to pursue an IR-1 Visa until now because we take care of 3 young children whom where given up by their parents. She could not leave at the time.

Ok..now for my questions:

1. Should I type this out and explain this as an attachment to my I-130 as I did here? or should I just wait for the interview and let her explain.

2. Also, I did have another marriage which ended in a legal divorce to a immigrant that was already in the US at the time and we where approved for an adjustment of status visa. She went back to Korea way before the two year probitionary period so she never got a green card. I know I enter it in question 22 D2. Should I go into further detail as an attachment?

3. Currently, I am living on my retirement and unemployment from a previous job which put me over the 125 poverty line. Should I put my status as unemployed or retired on my G-325A?

Any answers to the above question is greatlly appreciated!

[canadian_wife 1,829]

1. If you haven't seen your wife in 5 years, that may be an issue. There was a case on here where a man was denied his visa because he hadn't seen his wife in 1 year - and you are dealing with 5. Certainly include this but be prepared to answer difficult questions

2. You do need your legal divorce papers from each marriage. You should mention it on the forms, but no need to go into further details, again - be prepared to answer questions on each of your marriages and your current wife should be able to as well

3. I'm not sure about your 3rd question. It appears to me that you retired from the navy and then got another job to which you are currently unemployed from. So your most recent status is unemployed right?

Good luck

[catracha85 6]

Hello. From my understanding chief is that all child support has to be paid in full before you can even apply to bring someone over. My husband had a friend who got stuck in Honduras could not get a passport until all was paid. The divorce issue as long as you have proof you should be fine. As per income my husband too is a navy retiree, you still need to write down your last job as unemployed. If you receive any Veteran disability payment include it as income anything helps. Hope you can get your process started soon, maybe legal advie be good for you.

[Nataliya-Ron 7]

Hi,

First, I would like to thank everyone in advance if they can help answer my questions in any way.

Here is the background to my story so you will understand my questions. I married my lovely wife in the Philippines back in Oct 2003. Since I am a retired Navy chief and have a steady income (enough money to live fairly comfortably on in the PI but not the U.S.)we decided we would build a house an live in the PI. I traveled back and forth from the U.S. to PI to make enough intitial money to build the house. After the house was built we where living happily together for about a year when I was notified the half of my pension was now being given to my ex-wife for back child support. Faced with this dilmena and not enough money to continue to live in the PI now I went back to take care of it which we thought would be around 6-8 months.

Well six months is going on 5 years now. I tried renewing my passport and it is denied until I haved paid back all child support. So, I was not able to go visit her. We didn't want to pursue an IR-1 Visa until now because we take care of 3 young children whom where given up by their parents. She could not leave at the time.

Ok..now for my questions:

1. Should I type this out and explain this as an attachment to my I-130 as I did here? or should I just wait for the interview and let her explain.

2. Also, I did have another marriage which ended in a legal divorce to a immigrant that was already in the US at the time and we where approved for an adjustment of status visa. She went back to Korea way before the two year probitionary period so she never got a green card. I know I enter it in question 22 D2. Should I go into further detail as an attachment?

3. Currently, I am living on my retirement and unemployment from a previous job which put me over the 125 poverty line. Should I put my status as unemployed or retired on my G-325A?

Any answers to the above question is greatlly appreciated!

Since your married over 2 years you have 2 options. DCF filing if the US Embassy Allows

it! Not all US Embassy allow DCF filings. Or you can do a IR-1 Filing with your I-130.

Wait for the Interview to explain your situation.

Make sure you have all your documents for the I-130 done correctly, as not to get REF.

Next you have to decide which way you want to go IR-1 or DCF filing.

I would checkout your opinions about both, and see what the best avenue of approach.

I'm a US Vetertan Retired and get also SS. So I would suggest filing the choice you want

You can also contact my attorney office he has many attorney working to answer questions

for free and ask what the best choice to take.

He offeres a free online question consultant and than make up your mind.

You dont need him but his fees the lowest on line and around and been doing VISA

many many years also.

www.immigrationattorneyla.com

Give it a try, nothing to lose. AND IT FREE.

Good Luck

USMC Semper Fi

Edited January 11, 2011 by 1lovingyou2

[canadian_wife 1,829]

Since your married over 2 years you have 2 options. DCF filing if the US Embassy Allows it! Not all US Embassy allow DCF filings. Or you can do a IR-1 Filing with your I-130.

Wait for the Interview to explain your situation.

Make sure you have all your documents for the I-130 done correctly, as not to get REF.

Next you have to decide which way you want to go IR-1 or DCF filing.

I would checkout your opinions about both, and see what the best avenue of approach.

I'm a US Vetertan Retired and get also SS. So I would suggest filing the choice you want

You can also contact my attorney office he has many attorney working to answer questions

for free and ask what the best choice to take.

He offeres a free online question consultant and than make up your mind.

You dont need him but his fees the lowest on line and around and been doing VISA

many many years also.

www.immigrationattorneyla.com

Give it a try, nothing to lose. AND IT FREE.

Good Luck

USMC Semper Fi

DCF is not an option. OP is in the US and has been for the last 5 years. He cannot travel to PI due to inability to get a passport.

Further, you do not need to be married more than 2 years to qualify for DCF

Good luck

Edited January 11, 2011 by canadian_wife

[Nataliya-Ron 7]

DCF is not an option. OP is in the US and has been for the last 5 years. He cannot travel to PI due to inability to get a passport.

Further, you do not need to be married more than 2 years to qualify for DCF

Good luck

But you have to be able to have a US Embsssy that do DCF. Not all do DCF

Direct Consular Filing

In General Pluses Minuses

Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must be meet.

To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.

If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.

Potentially (if qualified) the quickest route to admission to the US and to Legal Permanent Resident in the US, based on marriage. The process usually takes less than 3 months

Consular policies can change over time, and one should always confirm with the consulate that they will do this process.

Edited January 11, 2011 by 1lovingyou2

[pushbrk 13,254]

But you have to be able to have a US Embsssy that do DCF. Not all do DCF

Direct Consular Filing

In General Pluses Minuses

Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must be meet.

To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives.

If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident.

Potentially (if qualified) the quickest route to admission to the US and to Legal Permanent Resident in the US, based on marriage. The process usually takes less than 3 months

Consular policies can change over time, and one should always confirm with the consulate that they will do this process.

Again, you are way off base here. The OP is in the USA, with no passport. DCF is NOT an option here. Please don't post about things you know nothing about . It just complicates the process of getting the needed answers to the members.

[pushbrk 13,254]

Hi,

First, I would like to thank everyone in advance if they can help answer my questions in any way.

Here is the background to my story so you will understand my questions. I married my lovely wife in the Philippines back in Oct 2003. Since I am a retired Navy chief and have a steady income (enough money to live fairly comfortably on in the PI but not the U.S.)we decided we would build a house an live in the PI. I traveled back and forth from the U.S. to PI to make enough intitial money to build the house. After the house was built we where living happily together for about a year when I was notified the half of my pension was now being given to my ex-wife for back child support. Faced with this dilmena and not enough money to continue to live in the PI now I went back to take care of it which we thought would be around 6-8 months.

Well six months is going on 5 years now. I tried renewing my passport and it is denied until I haved paid back all child support. So, I was not able to go visit her. We didn't want to pursue an IR-1 Visa until now because we take care of 3 young children whom where given up by their parents. She could not leave at the time.

Ok..now for my questions:

1. Should I type this out and explain this as an attachment to my I-130 as I did here? or should I just wait for the interview and let her explain.

2. Also, I did have another marriage which ended in a legal divorce to a immigrant that was already in the US at the time and we where approved for an adjustment of status visa. She went back to Korea way before the two year probitionary period so she never got a green card. I know I enter it in question 22 D2. Should I go into further detail as an attachment?

3. Currently, I am living on my retirement and unemployment from a previous job which put me over the 125 poverty line. Should I put my status as unemployed or retired on my G-325A?

Any answers to the above question is greatlly appreciated!

If I were in your shoes, I wouldn't file at all until you are certain you'll be able to visit your wife again BEFORE her visa interview. Perhaps you've already timed it that way. When you DO file, yes, I would carefully write an evolution of relationship letter that explains the issues in item 1 above.

For item 2, the former wife got at two-year green card but not a ten-year card. So, indicate result of CR1 status but left the USA before acquiring IR1 status.

3. Current income is "current" income. You can indicate your status as retired but when it comes time to provide an affidavit of support, you'll need either qualifying "ongoing" income or a joint sponsor who qualifies. Unemployment compensation is known to be temporary.

[pushbrk 13,254]

Hello. From my understanding chief is that all child support has to be paid in full before you can even apply to bring someone over. My husband had a friend who got stuck in Honduras could not get a passport until all was paid. The divorce issue as long as you have proof you should be fine. As per income my husband too is a navy retiree, you still need to write down your last job as unemployed. If you receive any Veteran disability payment include it as income anything helps. Hope you can get your process started soon, maybe legal advie be good for you.

The statement in bold above is not correct. As a practical matter, the OP may well need to pay all child support arrears before he'll qualify to sponsor and certainly must before he gets a passport again, BUT owing child support does not disqualify one from getting an I-130 petition approved, or if they otherwise qualify, from sponsoring an immigrant.

Edited January 11, 2011 by pushbrk

[retiredchief114 0]

If I were in your shoes, I wouldn't file at all until you are certain you'll be able to visit your wife again BEFORE her visa interview. Perhaps you've already timed it that way. When you DO file, yes, I would carefully write an evolution of relationship letter that explains the issues in item 1 above.

For item 2, the former wife got at two-year green card but not a ten-year card. So, indicate result of CR1 status but left the USA before acquiring IR1 status.

3. Current income is "current" income. You can indicate your status as retired but when it comes time to provide an affidavit of support, you'll need either qualifying "ongoing" income or a joint sponsor who qualifies. Unemployment compensation is known to be temporary.

Thanks for all your advice. I won't be able to pay off the back child support for almost a couple of years so "waiting" any longer is not an option. I have proof of home ownership, joint taxes, years and years of messages and phonecalls, money transfers etc. I will do my best to explain my situation and provide evidence. I plan on probably hiring an attorney for my wife to help her through the process on that end.

Thanks for the advice on item 2. I will put in the wording actually as you suggested.

I get a monthly pension for over $20.845 which qualifies (125% of poverty line) for the I-864. So wouldn't it be correct to put retired at the top since it looks better then unemployed and I will be listing my pension as income?

[pushbrk 13,254]

Thanks for all your advice. I won't be able to pay off the back child support for almost a couple of years so "waiting" any longer is not an option. I have proof of home ownership, joint taxes, years and years of messages and phonecalls, money transfers etc. I will do my best to explain my situation and provide evidence. I plan on probably hiring an attorney for my wife to help her through the process on that end.

Thanks for the advice on item 2. I will put in the wording actually as you suggested.

I get a monthly pension for over $20.845 which qualifies (125% of poverty line) for the I-864. So wouldn't it be correct to put retired at the top since it looks better then unemployed and I will be listing my pension as income?

Yes, you can list yourself as retired. When the time comes, you'll have to document the income. If you can do that, you might be successful. However, waiting is certainly an option. I think you mean you don't like the option. That's understandable, but if you cannot document that you, individually, are actually receiving the income, you'll likely be wasting your time. Your explanation of your circumstances (inability to obtain a passport) will make it clear your pension is being attached, meaning it isn't all YOUR individual income, yet.

[Minya's wife 25]

Thanks for all your advice. I won't be able to pay off the back child support for almost a couple of years so "waiting" any longer is not an option. I have proof of home ownership, joint taxes, years and years of messages and phonecalls, money transfers etc. I will do my best to explain my situation and provide evidence. I plan on probably hiring an attorney for my wife to help her through the process on that end.

Thanks for the advice on item 2. I will put in the wording actually as you suggested.

I get a monthly pension for over $20.845 which qualifies (125% of poverty line) for the I-864. So wouldn't it be correct to put retired at the top since it looks better then unemployed and I will be listing my pension as income?

That income qualifies @125% of poverty line if your household is 2 people (you and your wife), but does not if your household size includes (as it must) any dependent children under the age of 21 (regardless of where they live) and any previous immigrant sponsored with an I-864 form.

[pushbrk 13,254]

That income qualifies @125% of poverty line if your household is 2 people (you and your wife), but does not if your household size includes (as it must) any dependent children under the age of 21 (regardless of where they live) and any previous immigrant sponsored with an I-864 form.

Right, there are two issues, one is the household size, which may well be only two depending on just how behind the child support is. Perhaps the kids are grown. The second issue is whether the income can be documented as his. It's quite possible it can be but I don't have any details of how the income is being re-directed. If through Garnishment, it's likely to still show as his income on any documentation like an award, etc. but the Consular officer would know he's only receiving half of it, if he explains why he hasn't visited and cannot now visit his wife. That child support arrears court orders take half, is well known.

[retiredchief114 0]

Right, there are two issues, one is the household size, which may well be only two depending on just how behind the child support is. Perhaps the kids are grown. The second issue is whether the income can be documented as his. It's quite possible it can be but I don't have any details of how the income is being re-directed. If through Garnishment, it's likely to still show as his income on any documentation like an award, etc. but the Consular officer would know he's only receiving half of it, if he explains why he hasn't visited and cannot now visit his wife. That child support arrears court orders take half, is well known.

Actually, my son is 25 yrs old now and living on his own. So the household size would only be myself and my wife. There is a garnishment for $200 a month against my Military Pension. I receive the rest.

I will write a fact filled letter and explain the best to my ability the reason i have not been with my wife in approx 5 yrs. I will update with my status, etc and creat a timeline as soon as package is in the mail. Wish me luck!