Need to file for my husband at an embassy other than Philippines

[venusky6 15]

Hello all,

My husband is from the Philippines and I am an American citizen. We met and married in Thailand and we are expecting our child in a month. I came back to America a few months ago to start the process of getting him a visa. After talking to a few lawyers I learned we had a problem because him going back to the Philippines was not an option. They said trying to file with another embassy without a visa that shows he lives in that country, would not work. Now he has filed for an asylum seeker visa in another Southeast Asian country. I guess I am wondering do I have to wait until the visa is approved before starting? And, do I just send in the proof with I 130? Also,  can I do the whole process while in Asia? I want to take the baby and go be with him while we wait.

Thanks!

[Boiler 44,060]

Why can he not go back to the Philippines?

[geowrian 22,336]

You can start the process now. it'll be the better part of a year or so before his residence will really matter, and you can delay things at NVC for at least a year very easily. So better to start now while figuring out where he can interview.

 

But yes, generally some form of legal presence, if not actual residency, is required to be interviewed for an immigrant visa.

 

You can visit while waiting fine. The only real issue would be financial sponsorship.

[Just Paul 4,591]

He is going to need to have legal status where ever he interviews.   He will also need police certificates for where he has lived for 6 months or more.  

[ihaveadream 19]

Why he cannot go back to the Phillipines may be very relevant to your case...

[venusky6 15]

2 hours ago, geowrian said:

You can start the process now. it'll be the better part of a year or so before his residence will really matter, and you can delay things at NVC for at least a year very easily. So better to start now while figuring out where he can interview.

 

But yes, generally some form of legal presence, if not actual residency, is required to be interviewed for an immigrant visa.

 

You can visit while waiting fine. The only real issue would be financial sponsorship.

In the I 130 they need an address and the embassy we plan to use. I can put the embassy but he doesn't have an address. Then, if his asylum seeker gets denied are we going to have to start over the I 130 for another country and pay the fee again? 

 

I have a sponsor for him when we get to that.

[venusky6 15]

2 hours ago, Paul & Mary said:

He is going to need to have legal status where ever he interviews.   He will also need police certificates for where he has lived for 6 months or more.  

His physical address is in the Philippines, but he has not been there in over a year. He's been on tourist visas to other countries. 

[geowrian 22,336]

23 minutes ago, venusky6 said:

In the I 130 they need an address and the embassy we plan to use. I can put the embassy but he doesn't have an address. Then, if his asylum seeker gets denied are we going to have to start over the I 130 for another country and pay the fee again? 

 

I have a sponsor for him when we get to that.

He has no address...? Wherever he is staying is his address.

The embassy/consulate can be changed at NVC if needed. No new I-130 needed.

Edited September 20, 2019 by geowrian

[venusky6 15]

4 minutes ago, geowrian said:

He has no address...? Wherever he is staying is his address.

The embassy/consulate can be changed at NVC if needed. No new I-130 needed.

This physical address is in the Philippines. He has been traveling around for over a year. I fell putting a random hostel's address is inappropriate. 

 

So, if I put his Phil. address and then the embassy of the country he's seeking asylum in on the I 130, you think it is fine? I can change his address/ the embassy later on?

[JMPM 507]

You know to get proper advice you should let us know the reason on why he can't return? What's the reasons for asylum?  Embassy can be changed later on, people have moved or relocated for work. As you know Philippines is known for being an export on Overseas Foreign Workers, so sometimes instead of coming back to the Philippines they finish the process at the country their living at.

And you're going to run into the lack of a NBI clearance. I am not sure how much they would want it that could be a potential roadblock. 

 

[belinda63 2,993]

Maybe he is still married in the Philippines? 

He must have legal status in the country he interviews in. You can always change which embassy he interviews at even after it has been sent to the embassy. It will just slow down the process. For his address put where is he is currently staying, even if it is a hostel or a friend's home. 

[venusky6 15]

16 hours ago, JMPM said:

You know to get proper advice you should let us know the reason on why he can't return? What's the reasons for asylum?  Embassy can be changed later on, people have moved or relocated for work. As you know Philippines is known for being an export on Overseas Foreign Workers, so sometimes instead of coming back to the Philippines they finish the process at the country their living at.

And you're going to run into the lack of a NBI clearance. I am not sure how much they would want it that could be a potential roadblock. 

 

There were family problems that caused him and some immediate family members to not feel safe. It is nothing he has done nor does it technically legally involve him. So we don't even know if the asylum will be granted, but a family member has a protection visa already that he has linked his to.

[venusky6 15]

10 hours ago, belinda63 said:

Maybe he is still married in the Philippines? 

He must have legal status in the country he interviews in. You can always change which embassy he interviews at even after it has been sent to the embassy. It will just slow down the process. For his address put where is he is currently staying, even if it is a hostel or a friend's home. 

He has never been married before. We registered our marriage in the Philippine Embassy so we are legally married in the Philippines.

Right now, we have put off filing for a few months. So, I think it being slowed down is better than not starting at all.

[Ryan H 3,801]

Moved from Progress Reports to Process & Procedures.