Petitioner is outside the U.S

[mayvst 0]

My husband and I are planning to apply for i-130 visa. He is an american citizen and I'm a Filipina. My husband is currently with me and planning to apply for Philippine residency, is it possible to apply i-130 visa, while living in the Philippines? We got married last August 12,2011 in Cebu Philippines.

[Penguin_ie 5,995]

Yes, he can apply while with you. If he's been legally resident in the Philippines for 6 months, he can even file directly with the embassy, via a process called DCF, which is much quicker than filing via the USA. He will need to figure out how to financially sponsor you- assets are an option, or a co-sponsor in the USA.

PS: forget the K3, go for the CR-1, which is a better visa as you get a greencard upon entry.

[Ryan H 3,819]

If he has been living in the Philippines on a long term permit for 6 months, he can file the petition at the USCIS field office in Manila.

[bigdog 376]

file a cr1 in Manilla.

[jkelly07 120]

look on this page on the left side,you see the latest immigration news,click.centralizes filing 1-130

[Penguin_ie 5,995]

look on this page on the left side,you see the latest immigration news,click.centralizes filing 1-130

Doesn't matter for the Philippines as they have a USCIS office in Manila, so their DCF process will remain the same.

[mayvst 0]

Yes, he can apply while with you. If he's been legally resident in the Philippines for 6 months, he can even file directly with the embassy, via a process called DCF, which is much quicker than filing via the USA. He will need to figure out how to financially sponsor you- assets are an option, or a co-sponsor in the USA.

PS: forget the K3, go for the CR-1, which is a better visa as you get a greencard upon entry.

Thank you for the infos! I really appreciate it. Its great to be in this site! Thank you so much!

[Jojo92122 1,924]

My husband and I are planning to apply for i-130 visa. He is an american citizen and I'm a Filipina. My husband is currently with me and planning to apply for Philippine residency, is it possible to apply i-130 visa, while living in the Philippines? We got married last August 12,2011 in Cebu Philippines.

What is your husband's current status in the Philippines? Is he there as a tourist??? He can only do a DCF if he is a resident of the Philippines. Why is he applying for Philippines residency???? Don't you know that he has to have a US domicile (legal resident) in the US to file the I-864 for you so you can immigrate to the US???? Philippines residency is just going to make harder for him to provide proof of a US domicile.

[mayvst 0]

What is your husband's current status in the Philippines? Is he there as a tourist??? He can only do a DCF if he is a resident of the Philippines. Why is he applying for Philippines residency???? Don't you know that he has to have a US domicile (legal resident) in the US to file the I-864 for you so you can immigrate to the US???? Philippines residency is just going to make harder for him to provide proof of a US domicile.

The reason why we need to file an immigrant visa, is that, I need to be with my husband traveling back and forth. His current status in the Philippines is tourist, and planning to get a Phil. residency too.

About his domicile, he got properties and etc there in the U.S. So I think there would no problem for that...

Anyway, we will be traveling back and forth, applying for residency here in Philippines, doesn't mean he's leaving U.S for good

Well, we will talk more about it... Hearing that made me worried a bit

Thank you for that idea Jojo

[pushbrk 13,042]

Yes, he can apply while with you. If he's been legally resident in the Philippines for 6 months, he can even file directly with the embassy, via a process called DCF, which is much quicker than filing via the USA. He will need to figure out how to financially sponsor you- assets are an option, or a co-sponsor in the USA.

PS: forget the K3, go for the CR-1, which is a better visa as you get a greencard upon entry.

"He" the US Citizen will apply for nothing. US Citizens file petition, which when approved, allow foreigners to apply for visas. Please do not confuse the terms "petition" and "apply". It confuses people and issues.

[Jojo92122 1,924]

The reason why we need to file an immigrant visa, is that, I need to be with my husband traveling back and forth. His current status in the Philippines is tourist, and planning to get a Phil. residency too.

About his domicile, he got properties and etc there in the U.S. So I think there would no problem for that...

Anyway, we will be traveling back and forth, applying for residency here in Philippines, doesn't mean he's leaving U.S for good

Well, we will talk more about it... Hearing that made me worried a bit

Thank you for that idea Jojo

Having property in the US does not necessarily mean that your husband has a US domicile. Lots of US citizens living abroad have properties in the US but no US domicile.

His intention of not leaving the US for good may be irrelevant. Lots of people temporarily give up US domicile by moving to another country temporarily.

Here, I am going by analogy; An LPR must make the US his/her primary home. This means that an LPR must have a US domicile or risk losing his/her LPR status. A person can have only one domicile at a time. This means that the LPR by accepting US residency gives up his/her domicile in his/her home country. Similarly, does a US person with Philippines residency have to have a Philippines domicile to keep his/her Philippines residency? By accepting legal residency in another country and going to live there, does a US citizen give up his domicile in the US????

You don't think you have a problem because your husband is seeking Philippines residency, but you may be wrong.

Edited September 4, 2011 by Jojo92122

[pushbrk 13,042]

Having property in the US does not necessarily mean that your husband has a US domicile. Lots of US citizens living abroad have properties in the US but no US domicile.

His intention of not leaving the US for good may be irrelevant. Lots of people temporarily give up US domicile by moving to another country temporarily.

Here, I am going by analogy; An LPR must make the US his/her primary home. This means that an LPR must have a US domicile or risk losing his/her LPR status. A person can have only one domicile at a time. This means that the LPR by accepting US residency gives up his/her domicile in his/her home country. Similarly, does a US person with Philippines residency have to have a Philippines domicile to keep his/her Philippines residency? By accepting legal residency in another country and going to live there, does a US citizen give up his domicile in the US????

You don't think you have a problem because your husband is seeking Philippines residency, but you may be wrong.

For a US Citizen, simply showing evidence of the intention to re-establish domicile is sufficient. Maintaining US bank accounts, driving license and filing taxes is all a citizen needs to do to maintain domicile. An LPR is under an entirely different standard which includes actually living in the USA as their primary residence, not just simply maintaining domicile. It's apples and oranges.