Marriage/Spousal Visa

[Renna 1]

My partner is US Citizen but has lived all his life in the Philippines. He has not been in the US since he was brought here when he was a baby. He is now 25 years old. We have been together for 8 years and we are planning on settling down and he wants to go back to the US to meet his relatives.

 

My question is: After we marry here in the Philippines, can he petition me using Spousal Visa even though he has not been living in US? 

 

Can we do and process all the paperwork here in PH and travel to US together once the visa is approved? 

 

Your response is highly appreciated!

Thank you!

Edited November 3, 2018 by Renna

[Ben&Zian 4,398]

Would be a spousal or CR-1 visa. K-3 is basically obsolete.

 

Yes, all paperwork can be done from abroad... but, DCF is the quickest route honestly. Easily the fastest.

 

The main issue is he will have to prove domicile in the US (bank account, property/rental, job, ect) before hand. Since he has never been to the US just moving there with you isn't just like getting on a plane.

[Renna 1]

To: Ben&Zian

 

So does that mean he will have to go to US first and stay there for a few years before he do the petitioning?

[databit 328]

Has he been filing his US taxes since he began working as all US citizens living abroad are supposed to do? If not, he has some backfiling to do.

[Renna 1]

19 minutes ago, Ben&Zian said:

Would be a spousal or CR-1 visa. K-3 is basically obsolete.

 

Yes, all paperwork can be done from abroad... but, DCF is the quickest route honestly. Easily the fastest.

 

The main issue is he will have to prove domicile in the US (bank account, property/rental, job, ect) before hand. Since he has never been to the US just moving there with you isn't just like getting on a plane.

So does that mean he will have to go to US first and stay there for a few years before he do the petitioning?

[Ben&Zian 4,398]

8 minutes ago, Renna said:

To: Ben&Zian

 

So does that mean he will have to go to US first and stay there for a few years before he do the petitioning?

 

No no, nothing like that, but there is a process. You should research into DCF requirements for the embassy in the Manila.

 

One big one is domicile, so since he has never lived in the US, he needs to establish something there.

Also finances, he has to be able to prove how he would support himself and you there in the US, I'm not super familiar with this for DCF but assume it's the same as with CR/IR-1's using the I864 form.

 

Also, with DCF, he must have some permanent residency status in the country he is at, being the Philippines but since you say he has been there all his life basically I assume he does.

 

Again I would look into that if I were you. 

 

And as @databit mentioned, he will need to clear up some stuff with the IRS. I assume probably has not be required to file taxes but he has deal with it regardless by at least specifying he wasn't required to. Definately need to get this cleared up.

 

Here's a few links with some info:

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

 

http://visaharmony.com/dcf.php

 

 

Edited November 3, 2018 by Ben&Zian

[carmel34 3,646]

1. He has to file the last three years of tax returns to the IRS, even if he filled and paid taxes in the Philippines, and even if he does not owe the IRS any back-taxes.  These will be needed in the CR1 process.  If he has already done this, great.

2. He needs proof of US citizenship--a document like a birth certificate or US passport.

3.  He will need some kind of travel document like a US passport for international travel.

4.  Once he has #2, he can file the I-130 petition on your behalf, together with evidence of your bona fide relationship and a marriage certificate.

5.  While you are waiting for the I-130 to be approved (7-9 months), he can leave for the US, find a job and start earning sufficient income and a place to live.  The income and US domicile will be needed for the NVC stage of the CR1 process.  You stay in the Philippines and wait unless you want to visit, and in that case you apply for a tourist visa but those are rarely approved when a CR1 is in process.

 

You could also look into DCF, but he will still need a job in the US with sufficient income to support both of you and a US domicile.

 

Good luck!

Edited November 3, 2018 by carmel34
*

[Renna 1]

4 hours ago, carmel34 said:

1. He has to file the last three years of tax returns to the IRS, even if he filled and paid taxes in the Philippines, and even if he does not owe the IRS any back-taxes.  These will be needed in the CR1 process.  If he has already done this, great.

2. He needs proof of US citizenship--a document like a birth certificate or US passport.

3.  He will need some kind of travel document like a US passport for international travel.

4.  Once he has #2, he can file the I-130 petition on your behalf, together with evidence of your bona fide relationship and a marriage certificate.

5.  While you are waiting for the I-130 to be approved (7-9 months), he can leave for the US, find a job and start earning sufficient income and a place to live.  The income and US domicile will be needed for the NVC stage of the CR1 process.  You stay in the Philippines and wait unless you want to visit, and in that case you apply for a tourist visa but those are rarely approved when a CR1 is in process.

 

You could also look into DCF, but he will still need a job in the US with sufficient income to support both of you and a US domicile.

 

Good luck!

Thank you so much!

[TM92 527]

12 hours ago, carmel34 said:

3.  He will need some kind of travel document like a US passport for international travel.

@Renna, if your husband is a dual US and Philippine citizen he will need both a US passport and a Philippine passport; Philippine passport in order to leave the Philippines and US passport to enter the US: https://www.theworldwasherefirst.com/travelling-with-two-passports/ If he is only a US citizen, then he only needs a US passport.

[Renna 1]

2 minutes ago, TM92 said:

@Renna, if your husband is a dual US and Philippine citizen he will need both a US passport and a Philippine passport; Philippine passport in order to leave the Philippines and US passport to enter the US: https://www.theworldwasherefirst.com/travelling-with-two-passports/ If he is only a US citizen, then he only needs a US passport.

Yes. Basically, he is dual because his mother is a Filipina, but born in the US with an American father. Then brought to the Philippines when he was 6months old (until today). We are working on his overstay penalty right now. After solving the overstay issue, can he not leave the Philippines with his American passport?

[TM92 527]

14 minutes ago, Renna said:

Yes. Basically, he is dual because his mother is a Filipina, but born in the US with an American father.

Has he considered to seek official recognition as a Filipino from the Bureau of Immigration main office, Magallanes Dr, Intramuros, Manila, 1002 Metro Manila: http://www.immigration.gov.ph/index.php/services/citizenship-retention-and-aquisition/recognition-as-filipino-citizen If either his recognition request is denied or he wishes to not seek recognition, then he only needs a US passport.

[Renna 1]

2 minutes ago, TM92 said:

Has he considered to seek official recognition as a Filipino from the Bureau of Immigration main office, Magallanes Dr, Intramuros, Manila, 1002 Metro Manila: http://www.immigration.gov.ph/index.php/services/citizenship-retention-and-aquisition/recognition-as-filipino-citizen If either his recognition request is denied or he wishes to not seek recognition, then he only needs a US passport.

Thank you! Yes, we are working on the Recognition right now. Are you familiar with this? If so, once the Recognition is approved, can he get a PH passport? Thanks much.

[TM92 527]

20 minutes ago, Renna said:

If so, once the Recognition is approved, can he get a PH passport?

If he is approved, he will be issued a Identification Certificate and be eligible for a PH passport, http://consular.dfa.gov.ph/passport/10-passport/61-passport-requirements-new-adult:

Quote

If applicant is a Dual Citizen

• Original PSA authenticated Birth Certificate/Report of Birth and Original Identification Certificate issued by the Philippine Foreign Service Post (FSP) or the Bureau of Immigration (BI) and a photocopy
• Government issued IDs (Philippine or from country of second citizenship)

Edited November 4, 2018 by TM92

[Renna 1]

12 minutes ago, TM92 said:

If he is approved, he will be issued a Identification Certificate and be eligible for a PH passport, http://consular.dfa.gov.ph/passport/10-passport/61-passport-requirements-new-adult:

Thank you so much for the enlightenment!