my wife is in us and her kids are in philippines

[shockazulu 0]

My wife has been in the US for 4 years and was here on a 10 year tourist visa. I married her August 2011 and we filed her adjustment of status papers i130 etc and have the interview next week. 2. Weeks ago we filed 2 i130s for my 2 step children. Her x is in the Philippines and her 2. Girls age 4 and 7 are in the Philippines. Living with her sister. Her x will sign whatever papers are needed to alow the girls to move to the US with us permanently. He has already got them there Passports a few months ago. What papers will we need him to sign and where can I get them? Also how much longer will it be before we can go and pick up our children? We live in Iowa and have interview in Desmoines next week.

[Brian121957 43]

I don't have an answer to your question but I do have a question of my own. I have been told that tourist visa for Filipinos is next to imposable. How did she get one?

[Deputy Purple 1,294]

First you need to give more information.

Was you wife married to the "ex" when the children were born?

If not then there is no need for his consent.

If yes then he simply needs to provide a notarized statement where he says that he gives his express permission for the children (specifying the kids identifying information) to immigrate to the US.

[sunandmoon 450]

My wife has been in the US for 4 years and was here on a 10 year tourist visa. I married her August 2011 and we filed her adjustment of status papers i130 etc and have the interview next week. 2. Weeks ago we filed 2 i130s for my 2 step children. Her x is in the Philippines and her 2. Girls age 4 and 7 are in the Philippines. Living with her sister. Her x will sign whatever papers are needed to alow the girls to move to the US with us permanently. He has already got them there Passports a few months ago. What papers will we need him to sign and where can I get them? Also how much longer will it be before we can go and pick up our children? We live in Iowa and have interview in Desmoines next week.

on the question of when we can go pick up our children? they first will need to be issued visas. that process will probably take 8 to 9 months. Bob has asked the question if she was married to the ex when the children were born? I can see another possible issue. it's mentioned the youngest child is 4 years and that the wife has been in the US for four years. the would seem to indicates she came to the US soon after giving birth. was she married to the ex when she entered the USA? is so, I can see some possible issues with CFO.

Edited January 16, 2012 by sunandmoon

[shockazulu 0]

I don't have an answer to your question but I do have a question of my own. I have been told that tourist visa for Filipinos is next to imposable. How did she get one?

As long as you have alot of money in your bank account to prove you are a tourist and you are not going to be here to work you can get one of these Tourist Visa's. This is the way I understood it but I may be wrong.

[shockazulu 0]

First you need to give more information.

Was you wife married to the "ex" when the children were born?

If not then there is no need for his consent.

If yes then he simply needs to provide a notarized statement where he says that he gives his express permission for the children (specifying the kids identifying information) to immigrate to the US.

Yes she was married when the children were born. His name is on both of their birth certificates.

Where Can I find a template of one of these statements that we can use? or is there a step where the Visa department will provide this form for him to sign?

[Deputy Purple 1,294]

I don't have an answer to your question but I do have a question of my own. I have been told that tourist visa for Filipinos is next to imposable. How did she get one?

As long as you have alot of money in your bank account to prove you are a tourist and you are not going to be here to work you can get one of these Tourist Visa's. This is the way I understood it but I may be wrong.

It's not quite that simple but given the fact that she had a couple of kids who were staying behind that would add a pretty strong tie to the Philippines. Having significant financial resources and also having a husband who was staying behind would have helped as it would make it less likely that she'd suddenly marry a USC to adjust status.

[Deputy Purple 1,294]

First you need to give more information.

Was you wife married to the "ex" when the children were born?

If not then there is no need for his consent.

If yes then he simply needs to provide a notarized statement where he says that he gives his express permission for the children (specifying the kids identifying information) to immigrate to the US.

Yes she was married when the children were born. His name is on both of their birth certificates.

Where Can I find a template of one of these statements that we can use? or is there a step where the Visa department will provide this form for him to sign?

Instead of copying the text of a post you want to reply to into your post, just click on the reply button, it quotes the post (as I've done here) and makes it easier to see that you're replying to an earlier post.

You do realize that she'll encounter problems returning to the Philippines to pick-up her kids right?

When leaving the Philippines she'll present her PH Passport and US Greencard. They'll then want to see her CFO sticker which she doesn't have.

CFO won't issue her a sticker because she's still legally married to her "ex" in the Philippines.

Edited January 16, 2012 by Bob 4 Anna

[sunandmoon 450]

Instead of copying the text of a post you want to reply to into your post, just click on the reply button, it quotes the post (as I've done here) and makes it easier to see that you're replying to an earlier post.

You do realize that she'll encounter problems returning to the Philippines to pick-up her kids right?

When leaving the Philippines she'll present her PH Passport and US Greencard. They'll then want to see her CFO sticker which she doesn't have.

CFO won't issue her a sticker because she's still legally married to her "ex" in the Philippines.

that's the possible issue I was referring to in my post. the children would be immigrating to the USA on a visa based on a marriage that would not be considered valid in the Philippines.

[shockazulu 0]

on the question of when we can go pick up our children? they first will need to be issued visas. that process will probably take 8 to 9 months. Bob has asked the question if she was married to the ex when the children were born? I can see another possible issue. it's mentioned the youngest child is 4 years and that the wife has been in the US for four years. the would seem to indicates she came to the US soon after giving birth. was she married to the ex when she entered the USA? is so, I can see some possible issues with CFO.

For the process that takes 8 to 9 months does that include we started with the medical evaluation in September. We got notice of the interview in December and now have interview next week. Did we loose alot of time by waiting till 2 weeks ago to send the i130's for our girls?

Yes she was married to the x when she entered the USA.

Both she and I were recently divorced when we got married last year.

Yes her youngest was almost 1 when she first came to the USA. She returned for a 1 month visit 2 years ago and was planning to visit again this last summer but now we are just waiting for the trip to pick them up.

I looked up CFO and see that that has to do with leaving the Philippines to marry. Not sure how this would effect getting married while she was abroad. What issues do you think we would have with the CFO?

[shockazulu 0]

Instead of copying the text of a post you want to reply to into your post, just click on the reply button, it quotes the post (as I've done here) and makes it easier to see that you're replying to an earlier post.

You do realize that she'll encounter problems returning to the Philippines to pick-up her kids right?

When leaving the Philippines she'll present her PH Passport and US Greencard. They'll then want to see her CFO sticker which she doesn't have.

CFO won't issue her a sticker because she's still legally married to her "ex" in the Philippines.

Now I am starting to under stand the CFO issue that I was completely unaware of until now. I have heard it takes 1 year to get a annulment in the Philippines.

So she could visit the Philippines like she did 2 years ago. But to visit now she would have to be sure she didn't show her greencard. She would only want to show her Tourist Visa and her Passport. But that wouldn't help her bring the girls here. Could we just meet the girls and her x in Japan or something and avoid the whole CFO issue all together.

[Deputy Purple 1,294]

Yes her youngest was almost 1 when she first came to the USA. She returned for a 1 month visit 2 years ago and was planning to visit again this last summer but now we are just waiting for the trip to pick them up.

I looked up CFO and see that that has to do with leaving the Philippines to marry. Not sure how this would effect getting married while she was abroad. What issues do you think we would have with the CFO?

If she returned to the Philippines 2 years ago how did she get back into the US after overstaying her first entry by 18 months?

CFO isn't just for leaving the Philippines to get married, it's the "Commission for Filipinos Overseas", all Filipinos who are immigrating to another country or will be working in another country are required to get exit clearance from CFO before they are allowed to exit the country.

I don't know how you'd legally get CFO Clearance when the relationship between you and the kids isn't recognized by the Philippines.

[shockazulu 0]

that's the possible issue I was referring to in my post. the children would be immigrating to the USA on a visa based on a marriage that would not be considered valid in the Philippines.

So the girls already have their passports issued in the Philippines a few months ago. Now when they get there Visas approved by the USA that will only raise red flags with the Philippines authorities. Will that stop them from giving the Visas to the girls or is that only checked at the airport before they leave?

[beejay 125]

Instead of copying the text of a post you want to reply to into your post, just click on the reply button, it quotes the post (as I've done here) and makes it easier to see that you're replying to an earlier post.

You do realize that she'll encounter problems returning to the Philippines to pick-up her kids right?

When leaving the Philippines she'll present her PH Passport and US Greencard. They'll then want to see her CFO sticker which she doesn't have.

CFO won't issue her a sticker because she's still legally married to her "ex" in the Philippines.

I may be wrong but I'm not sure this will be an issue. My husband does not have a CFO sticker in his passport because we did not go through the Manila embassy when he got his visa. He has returned to the Philippines multiple times with his greencard and he has had no issues when trying to leave because of a lack of CFO sticker. I think her actually having a greencard versus a visa in her passport makes the CFO sticker irrelevant. Tell me if I'm missing something that makes these situations different.

[Gary and Alla 3,694]

My wife has been in the US for 4 years and was here on a 10 year tourist visa. I married her August 2011 and we filed her adjustment of status papers i130 etc and have the interview next week. 2. Weeks ago we filed 2 i130s for my 2 step children. Her x is in the Philippines and her 2. Girls age 4 and 7 are in the Philippines. Living with her sister. Her x will sign whatever papers are needed to alow the girls to move to the US with us permanently. He has already got them there Passports a few months ago. What papers will we need him to sign and where can I get them? Also how much longer will it be before we can go and pick up our children? We live in Iowa and have interview in Desmoines next week.

A ten year tourist visa does NOT allow someone to remain in the US for four years. How did she do that? Sounds like a gross overstay that will result in a visa ban.

Correct me if I misread something but what was her authority to be here? 10 year tourist visas are valid for 10 years but do not allow more than 180 days visit per year and typically not more than 90 days at one time.

have you checked this out with an attorney before filing?