visa on hand! but USC husband doesnt want us to leave!

[pushbrk 12,898]

Neither closed minded or racist. The visa is for the spouse of a USC. Therefore it makes sense that the persons would have a real marriage since it is for family reunification. If there is to be the spouse living in one state saying he doesn't want the wife there and the wife living in another state with nothing to do with the spouse then how is this family reunification? Even more, since he owns some and is purchasing more property in the Philippines with the intent to live there what is the purpose of her visa if she is living in the US and he is living in the Philippines?

And the visa was obtained by the spouse of a USC, for the purpose of living together in the USA. All through that process, the couple was married, for more than two years and they have a child together. That the marriage is currently having problems and disagreements, makes it "normal", not "suspect". Using the visa while in the middle of an argument with the husband, is really no different than doing any other thing one spouse might currently prefer not be done. It certainly isn't fraud or illegal, and it certainly does not indicate the marriage is less than real. Quite to the contrary, really.

The OP has her answers and will make her decision. If she decides to come to the USA, she's done nothing wrong, and certainly nothing fraudulent or illegal.

Edited April 1, 2014 by pushbrk

[Caryh 5,206]

Neither closed minded or racist. The visa is for the spouse of a USC. Therefore it makes sense that the persons would have a real marriage since it is for family reunification. If there is to be the spouse living in one state saying he doesn't want the wife there and the wife living in another state with nothing to do with the spouse then how is this family reunification? Even more, since he owns some and is purchasing more property in the Philippines with the intent to live there what is the purpose of her visa if she is living in the US and he is living in the Philippines?

"Therefore it makes sense" is not a legal term or rule, its an opinion. If it was more than an opinion, it would be written into the law and rules of the IR-1, which is an immediate relative visa.

He is not living there, he is in the USA.

You have no idea if they'll live in separate states, that is a total assumption on your part.

You actually have no idea that they will not live together, you're assuming they won't because he currently said don't come. She has a backup place of where she can stay if he doesn't want her living in their home or it turns out he's living with a gf in the USA.

He did sponsor the visa, and had to willing do many things to make this reach this point.

Owning property does not make a residence. They own one there already and he's not living in it.

I really wonder what people would say if she demanded he live there after all the work to obtain an IR-1 visa? This is a spouse, not someone he can order where to live after he's already given the huge expectation that she and their child would be coming to the USA to live. This is something to be worked out between them now, not something he can just order. People are acting as if the husband did nothing and she got the visa all on her own. I think everyone here certainly knows it doesn't work that way. Its as bad the people that show up here and say we split up, how can I send him/her back, after they've already been married a couple years.

[belinda63 3,038]

Perhaps I misread her comment that she "has friends there she can stay with" or her statement that "he has a condo unit there that will be finished this year" referring to in the Philippines and that he would rather live in the Philippines than the US. And that he is working a lot to save money to buy more property in the Philippines.

Again she will do what she wishes but she needs to be aware that living in the US is expensive and for someone with no job, no healthcare, possibly no home (since she says the husband doesn't want her to move to the US), and no transportation it will be a hard row to hoe. And the big one: if she comes with her son and decides to return home it might be without said son.

Edited April 1, 2014 by belinda63

[Boiler 45,537]

He could be living in France, it makes no difference.

Seems a lot of comments based on how some people would like the rules to be, not how they are.

[belinda63 3,038]

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Source http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

[Boiler 45,537]

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Source http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

I would put a reasonable sum of money that the actual legislation does not include foreseeable. It certainly is not followed through if it did.

How many people live with parents etc but intend to move when the immigrant arrives?

[belinda63 3,038]

It is speaking of living in the US for the foreseeable future which her spouse has stated to her he plans on moving to the Philippines. Which is why this entire topic is confusing because if he wants to live in the Philippines, as she has said he has stated he wants to, and he has purchased property there to live in then why did he file for her to come here?

[pushbrk 12,898]

Good question, to which answer one could only speculate. One thing for sure, is he had a reason or reason, so did NOT do it for NO REASON.

[Caryh 5,206]

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Source http://travel.state.gov/content/visas/english/immigrate/types/family/family-preference.html

Is Residence in the U.S. Required for the U.S. Sponsor?

Yes. As a U.S. sponsor/petitioner, you must maintain your principal residence (also called domicile) in the United States, which is where you plan to live for the foreseeable future. Living in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions.

Note this is for the sponsor to file the I-864. There is no reference to the beneficiary.

Perhaps I misread her comment that she "has friends there she can stay with" or her statement that "he has a condo unit there that will be finished this year" referring to in the Philippines and that he would rather live in the Philippines than the US. And that he is working a lot to save money to buy more property in the Philippines.

Again she will do what she wishes but she needs to be aware that living in the US is expensive and for someone with no job, no healthcare, possibly no home (since she says the husband doesn't want her to move to the US), and no transportation it will be a hard row to hoe. And the big one: if she comes with her son and decides to return home it might be without said son.

Too which that op has stated she would return there with him.

I'll certainly agree the OP has little idea of what life in America is all about. How could she if she's never lived here. But these are things that should be getting worked out between her and her husband. Something that does not seem to be happening when long distances are in place. I would advise her to think twice about making this unilateral move to, but that hardly makes it fraudulent or a scam. Everything that is going on actually supports that this is a married couple, down to the disagreements and the clashes in culture.

[mas85 0]

My husband said my visa is just another 'option'. Im not sure what he meant. We purchased a condo as an investment and we plan to rent it out in the future if we go to US. He said he has to wait 13 years more before he can retire. Maybe he is still undecided and not sure about us living there with him cos its more expensive. He is currently renting out his house in his hometown. He works in a different city and stays in his uncle's house during off days. If ever we go to US he said its either we rent a room or house in the city where he works or i stay with his parents in his hometown so its cheaper.

[pushbrk 12,898]

You have until just before your visa expires to keep the USA residence option open, so you have plenty of time to think through and make good decisions.

[Ryan H 3,812]

***Two posts containing insulting and baiting language removed along with the poster's access to this thread. Posts quoting also removed; one post minus the quote and reference to the removed content returned below.***

The ultimate goal of a K-1/Cr-1 is not to get to the US, it's to be able to start a life with your loved one. If you're not coming to do that, then don't come. It's that simple. Advocating to come whether they have the funds or not? Who will pay then? Do whatever, whether it's legal or not? Way to advocate respecting the country they come to.

[Natsukiii 35]

Very interesting... Hmmmmm. Thx for posting this. Shed's a whole new light on things to say the least.

Sorry, gotta be honest, something isn't adding up with this whole story (er, rather, stories) Honestly, if your husband is not wanting you to come here, I don't care what the reason is, why in the world would you come or try and figure out a way to come on your own in the manner that you are?! I would be absolutely devastated that he didn't want me to come and by far the very last thing on my mind would be who else I could move in with in his country once visa is in my hand. It'd be one thing if you said that you were wanting to still tell him you were coming and would be at his front door to figure things out, but that is by far NOT what you are saying. In fact, it's the opposite. The whole purpose of getting the visa is to BE TOGETHER, not taking your own money and moving in with friends/family that you conveniently have already (seemingly) plotted with. Wrong. Wrong on soooooooo many levels and devious. Apparently he has a very valid point when he states, according to your previous post, that "he couldn't trust you anymore."

I am usually a very positive person and poster when it comes to this entire process. But this thread seems to shed light on the ugly underbelly of immigration and those with ulterior motives. Sad. I hope things work out for you both. By the sounds of it he would rather move to your home. Why not try that route first? Have you told him you'd like him to move to you for a while instead to repair your relationship first? Seriously.... you seem way too focused on "Getting to the US" and not about your relationship. Unless I'm missing something here.... then please, let me know.

Wishing you the best of luck with everything and hoping that maybe since we are not seeing the whole picture, nor know all the facts, that things aren't really what they seem at the moment by reading your posts.... hoping.

This^... couldn't have said it better myself.

- Justin

[jcalleja 4]

do what u want to do regardless of what ur husband thinks.

[Mrsrwhite 5]

To clarify, that's correct if she is no longer married to the petitioner. Then, it would be five years.

The keyword is married, not "with". There is no requirement to be "together".

correction .. the rule does say you have to be" living in union" with the spouse through whom you acquired the Green Card. So its safe to say that 3 year rule requires more than just been "married to".

If you are married and estranged, with no proof of a bona fide marriage, just a paper marriage, you cannot naturalize at 3 years.

There is more to it than just being "married."

True True