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Seafarer

Confused about type of Visa for foreign spouse who is not applying for AOS

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Filed: K-1 Visa Country: Philippines
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First, I'm baffled as to which forum this question should reside because there are several parameters which seem to qualify for several assorted forums so I apologize beforehand if this placement is in error. I'll forge ahead based on a hunch some experienced expats or current VJ members might know exactly, how I should proceed.

My Filipina fiance is planning on visiting me Sept-Dec using her approved B2 tourist visa to celebrate my 50th birthday and subsequent retirement in December. Ultimately, our plan is to fly back together in mid December to establish permanent residence on Luzon. She has three adorable children and I love them dearly. Can't wait to see them again (I've flown there several times in the three years we've been together and chat with them nightly). We want the kids to complete their schooling in her home country and considering their ages (11, 9 and 6), I think it's prudent. We have been debating whether or not to marry there or marry here while she is visiting. Because I want the option of returning to the USA for both business and personal reasons (my dad is 76), I am curious what visa would be appropriate for a foreign-spouse of a US citizen who has no desire to permanently live in the USA? Is there some sort of multiple entry VISA she can qualify for if I show full ownership of a home in our names, dual banking accounts, three registered children in schools? We have discussed a dual residence (typhoon season here/off-typhoon season there) scenario 10-12 years down the road when our daughter finishes her schooling but for now, I'd like to be able to bring my wife with me whenever I need to return to the States for a few months.

I've hit the search engine but can't seem to nail the answers down because most of the fiance visa FAQ's deal with adjustment of status. Is a standard B2 the route to take?

Thanks for the help for those who are kind enough to chime in!

Edited by Seafarer

"Distance extinguishes little passions yet intensifies great ones."

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No special visa. B2 for visiting US, spousal visa for living in US. She has a B2 so she is all set. If you want to move back to the US later, you will file a spousal petition. Good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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The US Embassy used to issue Multiple Entry B1/B2 Visas to eligible applicants (e.g. Businessmen who travel to the US regularly, etc.) but they are not doing this anymore since March 31, 2004. This is according to the website of the US Embassy in Manila. Your wife would have to apply for a new visa (or renew her visa) everytime she needs to enter the US with you.

For more information, I suggest you see this link: US Embassy in Manila

I hope this helps.

"... for our Love conquered both Time and Distance."

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The US Embassy used to issue Multiple Entry B1/B2 Visas to eligible applicants (e.g. Businessmen who travel to the US regularly, etc.) but they are not doing this anymore since March 31, 2004. This is according to the website of the US Embassy in Manila. Your wife would have to apply for a new visa (or renew her visa) everytime she needs to enter the US with you.

For more information, I suggest you see this link: US Embassy in Manila

I hope this helps.

Not sure what you mean by that, my whole fam was given 10 yr tourist visas just last March 2011 when they came to attend my wedding. My mom is visiting me again in a month and probably 1-2x a year for the next 10 years with the same visa. My tourist visa which they cancelled when I got my k1 was also good for 10 years. I got that visa last 2005.

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Not sure what you mean by that, my whole fam was given 10 yr tourist visas just last March 2011 when they came to attend my wedding. My mom is visiting me again in a month and probably 1-2x a year for the next 10 years with the same visa. My tourist visa which they cancelled when I got my k1 was also good for 10 years. I got that visa last 2005.

That's what the US Embassy website said and you can check on the link I gave. It might, however, be a MISINTERPRETATION on my part as to the way they stated it. It could be that All Mutiple-entry visa issued before March 31, 2004 would be invalidated and they would just have to re-apply for it and it's just the Visa with Indefinite Validity that they are no longer issuing.

That is why I gave the link so they can read further and be able to see their options. :yes::)

"... for our Love conquered both Time and Distance."

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That's what the US Embassy website said and you can check on the link I gave. It might, however, be a MISINTERPRETATION on my part as to the way they stated it. It could be that All Mutiple-entry visa issued before March 31, 2004 would be invalidated and they would just have to re-apply for it and it's just the Visa with Indefinite Validity that they are no longer issuing.

That is why I gave the link so they can read further and be able to see their options. :yes::)

Probably the indefinite validity yeah. I think 10 years is the max you cab get. :) I have seen someone just be given a single entry visa though so it does happen!

My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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