US Citizen BF financially sponsoring F-1 student GF (merged threads)

[zuluweta 250]

I dunno exactly, but even she had green card from USA, without CFO in passport she cannot leave the PI ? OUCH. #LifeChoices

I don't think this is correct. GC holders leaving the Philippines don't need to present anything from CFO. Only people with immigrant visa or K-1 visa stamps are required to show the CFO sticker/certificate at Philippine immigration.

If she gets an F-1 student visa, that is a non-immigrant visa so no need for CFO.

[Boiler 45,903]

If she got divorced in the U.S., and then remarried in the U.S., would she be able to adjust her status while still living in the U.S.?

If she had to return to the Philippines, she would not be able to come back to the U.S. without an annulment because she would not be able to get a CFO sticker in her passport.

Of course she can divide marry and adjust in the US

She just needs to get here.

[Tahoma 2,292]

I don't think this is correct. GC holders leaving the Philippines don't need to present anything from CFO. Only people with immigrant visa or K-1 visa stamps are required to show the CFO sticker/certificate at Philippine immigration.

If she gets an F-1 student visa, that is a non-immigrant visa so no need for CFO.

I agree that green card holders would not need a CFO sticker.

However, if she had to return to the Philippines in order to adjust status, she would not have a green card. That's why I asked whether she would be required to return to the Philippines in order to adjust status.

[Boiler 45,903]

You adjust status in the US by definition.

[Darnell 8,479]

I agree that green card holders would not need a CFO sticker.

However, if she had to return to the Philippines in order to adjust status, she would not have a green card. That's why I asked whether she would be required to return to the Philippines in order to adjust status.

adjust status? usually, when one leaves the usa prior to green card being issued (when adjusting status in USA ) then the entire adjustment of status casefile is deemed abandoned by the USA.

[Tahoma 2,292]

Of course she can divorce, marry, and adjust in the US.

She just needs to get here.

Thanks, Boiler. That answers my question.

[Tahoma 2,292]

You adjust status in the US by definition.

Got it. I'm using the wrong terminology. I should have been asking whether she would have to return to the Philippines so he could file a spousal petition.

Edited July 14, 2015 by Tahoma

[Boiler 45,903]

Got it. I'm using the wrong terminology. I should be asking whether she would have to return to the Philippines so he could file a spousal petition.

Bit masochistic to go that route.

[Darnell 8,479]

Got it. I'm using the wrong terminology. I should be asking whether she would have to return to the Philippines so he could file a spousal petition.

no. her location not matter. and the I-130 is a multi-purpose form, used for chasing a visa at a USA Embassy or chasing an adjustment of status inside the usa.

[Tahoma 2,292]

Now for a new scenario:

She gets divorced, remarries, and adjusts in the U.S.

Without an annulment in the Philippines, how would she change the name on her Philippines passport to her married name or, for that matter, renew her Philippines passport?

[Boiler 45,903]

Same way every other divorced person does it. Why is it an issue?

[GJDill 0]

If she gets a Student visa she can just get divorced in the US no need for an annulment.

What are her ties to PI, what is it that will show that she will go home?

Most Nurses do not meet the requiremnents for a H1b

Her ties to PI are:

She has land in her name... an automobile .. A teenage daughter .. family with a disabled father .. and an active annulment court case.

Do you think that is substantial enough?

[Transborderwife 4,666]

Daughter and family aren't really considered strong ties in immigration. The others though may help

[Boiler 45,903]

Land and car can be sold

I would focus on the career progress.

Her daughter is not coming on a F2?

[jan22 3,056]

And, regardless of her current ties, it is against visa law to knowingly use a visitor visa to enter the US to divorce, marry, stay, and adjust status, even if it's to overcome a legal obstacle in the home country. If/When the visa officer or immigration officer finds out the true plans, the visitor visa will be denied or she will be denied entry into the US. Again, I don't want to "rain on your parade", but this plan has some evident flaws that might cause you real problems in the future. I know it's hard to think about spending more time to do it properly (i.e., annulment and then K1 or CRi), but it has the least risk.

Edited July 15, 2015 by jan22