HELP! Urgent! Visa for my Wife!

[JoeVisa 1]

My question is how to get my wife an interview for a Non-Immigrant or Immigrant Visa? When I do not qualify to petition her and at the same time she does not have ties in the Phil anymore. Which visa application should we file? Keeping in mind the urgency of my case below:

In 2007, I went to the Philippines and got married. Then, last Dec. 2010, I came back to the US to find work with the intention of eventually bringing my wife here through the immigration process. But the sudden news of my grave illness aborted that plan, Jan. 2011. To imagine my bleak future without my wife and family around is devastating to me. Whether my wife remains here as a resident or not matters less at this time than finding a way to provide me with the care and support I would require during my therapy, and to allow me and my wife to enjoy whatever time we might have left together. So, I asked with the help of our Congressman and willing to help but they told me they can only intervene during the interview process of my wife in the Phil.

I appreciate all the help from all of you. Thank you so much in advance.

[Inky 1,110]

How/why do you not qualify to petition your wife?

You would petition with a CR-1. There is a step by step guide in the guides section.

[Anh map 2,098]

Petition for a spouse visa. As Inky stated, the information that you need is in the Guides tab at the top of the page.

Edited June 24, 2011 by Anh map

[Ryan H 3,812]

How/why do you not qualify to petition your wife?

I have this same question.

You would petition with a CR-1. There is a step by step guide in the guides section.

If I am reading the original post correctly, the OP married in 2007. If that's the case, it would be an IR-1 that he would be petitioning for.

OP: by your own admission, your wife does not have strong ties to the Philippines which makes the issuance of a tourist visa highly unlikely. Your only option (IMO) is the IR-1. Given your situation, you can make a request to USCIS to have them expedite the petition after you file and state the reason why you are making the request. There is no guarantee they will grant the expedite request.

Edited June 24, 2011 by Ryan H

[JoeVisa 1]

Well, I thought you have to a 3 years worth of W2s and such?!

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

the Naturalization process. That's all I know at this point.

I will check the guides in a minute...

and thank you for all the replies already!!!

[JoeVisa 1]

@Inky, Anh map and Ryan H **Thanks for your help... I just feel that I do not qualify since I have no proof of income to show for 3 years straight and so forth. So, Tourist Visa is out of the question?! Eventhough, that would be the most fastest option due to urgency, especially with Congressman intervening during the interview process. Chances are Tourist Visa might be approved?! I would surely appreciate any more insights please. Thanks again!

[localbballer23 0]

@Inky, Anh map and Ryan H **Thanks for your help... I just feel that I do not qualify since I have no proof of income to show for 3 years straight and so forth. So, Tourist Visa is out of the question?! Eventhough, that would be the most fastest option due to urgency, especially with Congressman intervening during the interview process. Chances are Tourist Visa might be approved?! I would surely appreciate any more insights please. Thanks again!

I think you're going to need to submit an application to the USCIS first. From there, they will approve or deny your request for a visa. After the USCIS approves your petition, you then have to submit paperwork to the NVC. This is a lengthy process. If you have the funds, you should talk to a lawyer to see what your options are. They should also be able to give you a timeline on how soon you and your wife can be together.

[Penguin_ie 5,993]

A wife with a US citizen husband and no ties to the Philipines has 0 chance of approval for a tourist visa, sorry.

I agree with the others, go for an IR-1 spousal visa; depending on the severity of your illness, you can expedite this with doctors letters so it won't take the usual 8-10 months. Since you have not worked, you will need to cover the financial sponsorship either via assets (3 times as much as income, so around 60'000 if it's just you and your wife, no kids etc), or a co-sponsor.

[Darnell 8,478]

Even with no income, you'd still be the primary sponser for the I-864 (but that comes in later during NVC processing) - and you'll need either hard assets totalling a certain amount OR a co-sponser.

Suggest you file an I-130 soonish, prep it this weekend, send it in on Monday

and

request, in your cover letter, an expedite. On the outside of the mailer packet, write in big red letters -- I-130 Spouse Expedite -- the mailroom will then get it to the right desk.

You not need to worry, today, about $$ for sponsership on the I-864, IMO.

Good Luck !

[Sergi9 110]

My question is how to get my wife an interview for a Non-Immigrant or Immigrant Visa? When I do not qualify to petition her and at the same time she does not have ties in the Phil anymore. Which visa application should we file? Keeping in mind the urgency of my case below:

In 2007, I went to the Philippines and got married. Then, last Dec. 2010, I came back to the US to find work with the intention of eventually bringing my wife here through the immigration process. But the sudden news of my grave illness aborted that plan, Jan. 2011. To imagine my bleak future without my wife and family around is devastating to me. Whether my wife remains here as a resident or not matters less at this time than finding a way to provide me with the care and support I would require during my therapy, and to allow me and my wife to enjoy whatever time we might have left together. So, I asked with the help of our Congressman and willing to help but they told me they can only intervene during the interview process of my wife in the Phil.

I appreciate all the help from all of you. Thank you so much in advance.

if you are gravely ill, then you can ask for Humanitarian Parole for your wife.

http://tinyurl.com/29ljayz

[sunshinearizona 21]

@Inky, Anh map and Ryan H **Thanks for your help... I just feel that I do not qualify since I have no proof of income to show for 3 years straight and so forth. So, Tourist Visa is out of the question?! Eventhough, that would be the most fastest option due to urgency, especially with Congressman intervening during the interview process. Chances are Tourist Visa might be approved?! I would surely appreciate any more insights please. Thanks again!

i don't think she will be granted a tourist visa since she is registered in the phils. that she's married to you (US citizen)it's a red flag that her purpose in travelling is not for business or pleasure....

[Darnell 8,478]

Hey - how's it coming on the I-130 ? You find the appropriate guide? Need any assistance? Got any questions?

[JoeVisa 1]

@localballer23, Penguin_ie, Sergi9, sunshinearizona and of course Darnell ***Thank you all so much!!!

With all these information and looking for the best possible solutions – I still need some concrete advice and try to pay an hour's consultation to an immigration lawyer. Who knows the lawyer might approve of using the tourist visa application because I have a Political Intervention and with my Current Situation. I don't know what the lawyer might say, they know the ins and outs of immigration PROBLEMS AND SOLUTIONS... hopefully they know the solutions to this pressing or underlying problem we are talking of URGENCY here.

At this time we're filling out the forms I-130, G-325a, and everything else. ***Darnell, you suggest to file the I-130 right away... is this the only form they require or other forms should accompany it also, ie. G-325a? If including form G-325a, what about the signatures from the wife which is in the Philippines?! Going to take awhile... and do you guys know the going rate for consultations, any suggestions?

***Sergi9, I will definitely ask the immigration lawyer about the Humanitarian Parole route.

***sunshinearizona, red flag even with my case as urgent? Again, thanks...we really do appreciate all the help we can get not only taking care of solutions from this site and especially you guys are just too good of a Samaritan – God bless you and you know who you are!

[Darnell 8,478]

ok - click on the word 'guides' at top, pick the proper guide for spouse outside usa, and have a deep read ?

[JoeVisa 1]

Really, thank you so much for all the help! I am so overwhelmed with all these stuff, from gathering all the data, reading (deep read ) and filling out forms, etc. The bottom line is with my condition (ill), circumstances (no income/wife no ties) and my help from doctor/congressman (will intervene during interview process - letter or phone call perhaps!?)

I just want to find out the best possible way - the soonest to get my wife here with me (to get an interview.) Non-Immigrant or Immigrant? Tourist or the IR/CR ways? And keeping in mind that it must be approved! So, please let me know which one... with reasoning even better!!! How can I start a poll here? Thank you for your thoughts!

Edited June 25, 2011 by JoeVisa