petitioning a bf of 6 mos

[busywoman 0]

About 3 months ago, I posted about friend's usc daughter who wants her boyfriend to visit the US. Unfortunately the Filipino boyfriend is holding a visa for crewmembers and hasn't applied for a B2 visa. Friend's daughter ( my god daughter) is thinking of going home next year to marry the boyfriend because he is coming home and staying for about 2 months before leaving again. Question is: If they ever get married (I kinda hope she won't yet.) next year and she petitions him, how long does it take before the husband gets here? Also since they didn't spend much time together, only for a bit when she went to the Philippines this year, they don't have a lot of pictures to show, any love letters only because she can't really write him because of his nature of work. Well, he is out in wherever ocean for about 9-10 months. Do you think that will affect their case in any way!

I wouldn't do it if not for my beautiful, God-fearing god daughter!

[JimVaPhuong 4,863]

About 3 months ago, I posted about friend's usc daughter who wants her boyfriend to visit the US. Unfortunately the Filipino boyfriend is holding a visa for crewmembers and hasn't applied for a B2 visa. Friend's daughter ( my god daughter) is thinking of going home next year to marry the boyfriend because he is coming home and staying for about 2 months before leaving again. Question is: If they ever get married (I kinda hope she won't yet.) next year and she petitions him, how long does it take before the husband gets here? Also since they didn't spend much time together, only for a bit when she went to the Philippines this year, they don't have a lot of pictures to show, any love letters only because she can't really write him because of his nature of work. Well, he is out in wherever ocean for about 9-10 months. Do you think that will affect their case in any way!

I wouldn't do it if not for my beautiful, God-fearing god daughter!

A spousal visa usually takes less than a year, from petition to visa issuance. A lot will depend on how soon they respond when documents are required. If he's out to sea when it's time to send the packet 3 docs or schedule an interview then it will obviously slow things down.

The decision to approve the petition is made by a USCIS immigration officer based on the documents provided. There's little in the way of discretionary factors that they consider - if the petitioner provides the required documents and evidence then the petition is usually approved.

Getting the visa approved is an entirely different story. A consular officer will make the decision based on a combination of having met the minimum requirements and the discretionary opinion of the consular officer whether the relationship is bona fide and not simply an attempt to circumvent immigration law. The discretionary decision is made based on evidence submitted, as well as the beneficiary's presentation at the interview. Lack of solid evidence to back up the bona fides of the relationship is the single biggest cause for spousal visa denials. It's understandable that they might not be able to communicate while he's out to sea, and I'm sure the consular officer will consider this, but there's a limit to how much leeway they'll grant for a lack of evidence to support the bona fides of their relationship. Your friend's daughter should focus on collecting evidence when she's with him, and if there's any possible way for them to communicate when he's at sea then they should make every effort to do so, and keep evidence of it. There are a myriad of ship-to-shore communication methods available in the 21st century. Besides voice, there's also usually data and FAX. Any sort of communication they can document will help.

She's also going to need to submit an affidavit of support to demonstrate that she has enough income to guarantee the US government that her husband won't become a public charge in the US. Does she have a job that pays at least $18K per year?

[busywoman 0]

A spousal visa usually takes less than a year, from petition to visa issuance. A lot will depend on how soon they respond when documents are required. If he's out to sea when it's time to send the packet 3 docs or schedule an interview then it will obviously slow things down.

The decision to approve the petition is made by a USCIS immigration officer based on the documents provided. There's little in the way of discretionary factors that they consider - if the petitioner provides the required documents and evidence then the petition is usually approved.

Getting the visa approved is an entirely different story. A consular officer will make the decision based on a combination of having met the minimum requirements and the discretionary opinion of the consular officer whether the relationship is bona fide and not simply an attempt to circumvent immigration law. The discretionary decision is made based on evidence submitted, as well as the beneficiary's presentation at the interview. Lack of solid evidence to back up the bona fides of the relationship is the single biggest cause for spousal visa denials. It's understandable that they might not be able to communicate while he's out to sea, and I'm sure the consular officer will consider this, but there's a limit to how much leeway they'll grant for a lack of evidence to support the bona fides of their relationship. Your friend's daughter should focus on collecting evidence when she's with him, and if there's any possible way for them to communicate when he's at sea then they should make every effort to do so, and keep evidence of it. There are a myriad of ship-to-shore communication methods available in the 21st century. Besides voice, there's also usually data and FAX. Any sort of communication they can document will help.

She's also going to need to submit an affidavit of support to demonstrate that she has enough income to guarantee the US government that her husband won't become a public charge in the US. Does she have a job that pays at least $18K per year?

Thank you so much for all the information you have provided. I do believe she makes more than $18K/yr. Her only concern is they don't have a lot of pictures together. I guess I was wrong about the communication part. He sends her text at least once a day and she does too. Aside from some cards they both have, that's pretty much what they have. You think that's good enough?

[kattylopez12 0]

Once the case has been received from NVC by the U.S. Embassy or Consulate that will process it, the length of time varies from case to case according to its circumstances. Some cases are delayed because applicants do not follow instructions carefully or supply incomplete information.

[JimVaPhuong 4,863]

Thank you so much for all the information you have provided. I do believe she makes more than $18K/yr. Her only concern is they don't have a lot of pictures together. I guess I was wrong about the communication part. He sends her text at least once a day and she does too. Aside from some cards they both have, that's pretty much what they have. You think that's good enough?

By 'text', are you referring to SMS messages over their mobile phones? If so, is there any way they can document those messages? The consular officer will understand that communication with a crewman is not simple, but if they can prove they exchange messages every day then it should help a lot.

If she plans to see him again soon then she should plan to take a truckload of new photos. Tell her to bring a digital camera and just go nuts. The CO never looks at all of them, but it makes a good impression when the beneficiary brings a lot of photos to the interview.