SB1 visa

[Boiler 45,499]

Just now, Shadow Moon said:

@Lucky Cat Yes, I have to support myself

So why have you not been filing taxes?

[Shadow Moon 2]

@Boiler I am working here in the Philippines to support my self and to support my plans going back in the US. I wasnt able to file taxes after 2016 because I am outside the US I dont have my w2 form here

[Crazy Cat 41,850]

2 minutes ago, Shadow Moon said:

@Lucky Cat Yes, I have to support myself

It seems that your only connection to the US during the past 4 years is that you have a child living here. Did you maintain US bank accounts, etc. ? In addition, by law, you are required to report world-wide income......

Just now, Shadow Moon said:

@Boiler I am working here in the Philippines to support my self and to support my plans going back in the US. I wasnt able to file taxes after 2016 because I am outside the US I dont have my w2 form here

That is not a legitimate reason to avoid reporting your income to the IRS.  You don't need a W-2.  

[Crazy Cat 41,850]

Do you have records of any communication proving you intended to return to the US?

[Shadow Moon 2]

@Lucky Cat I don't have a bank account even when I was in america. I only have a prepaid credit card. Well that is my only communication is my child and some few close friends

[Shadow Moon 2]

@Lucky Cat there is one particular message I've sent through the facebook page of the US Embassy in Manila but they didn't responded back. This happened I believe  back in 2018. Other than that no, cause I was worried about my dads condition. Pretty much I am focus on his well being.

[Shadow Moon 2]

@Lucky Cat For the Notarized letter, it does certifies the signature of the person who signed it thus the person has to give the honest statement in that letter otherwise they can be legally in trouble as Ive been explaine by the lawyer in the Philippines

[Boiler 45,499]

1 hour ago, Shadow Moon said:

@Lucky Cat For the Notarized letter, it does certifies the signature of the person who signed it thus the person has to give the honest statement in that letter otherwise they can be legally in trouble as Ive been explaine by the lawyer in the Philippines

What sort of trouble?

[jan22 3,055]

3 hours ago, Shadow Moon said:

@Lucky Cat there is one particular message I've sent through the facebook page of the US Embassy in Manila but they didn't responded back. This happened I believe  back in 2018. Other than that no, cause I was worried about my dads condition. Pretty much I am focus on his well being.

It is extremely unlikely that you would be approved for an SB-1 visa.  While I'm sure you feel having to take care of your father was "beyond your control" for four years, I can almost guarantee that the US immigraton system will not agree with that.  Extending your stay to stabilize his situation is one thing -- but four years is a very long time to take to do this.  Other family members (whether you trusted them or not) or paid care-givers will be viewed as options instead of you staying for four years.  What would have happened if you had not stayed?

 

Adding to the reasons for refusal is the fact that you sought and obtained local employment during this time.  Moving to another country for four years, then finding and working a job there while not filing US tax returns, are all indications of abandoning your residency in the eyes of immigration.  That view is supported by you not having any other visible physical/financial ties to the US  (no bank accounts, credit cards, recurring payments such as utility bills, etc).  It seems the only tie is your son, whom you may not have visited in four years.  Who has been caring for him?  Have you provided any financial support for him?  I dont want to seem rude and unfeeling, but pose these issues here, as these are the types of questions and concerns that you will face with the consular and immigration officers.

Edited April 18, 2020 by jan22

[retheem 564]

You should have applied for a reentry permit. Unless you have strong documented evidence of your claims, consider this opportunity gone. Would rather tell you the reality of things than lie to you that it shall be well.

[EM_Vandaveer 2,408]

Is your Green Card still valid? Because if it is, I would attempt to enter the US with it rather than apply for an SB-1.

[SalishSea 17,829]

Sounds to me like LPR status was abandoned.  Is your son a USC?  He can petition for you when he turns 21.

[Calicolom 266]

4 hours ago, Shadow Moon said:

@Lucky Cat For the Notarized letter, it does certifies the signature of the person who signed it thus the person has to give the honest statement in that letter otherwise they can be legally in trouble as Ive been explaine by the lawyer in the Philippines

The only way a  documents contends can be legal, is to have the document apostilled. Notarized means nothing. 

[designguy 1,179]

2 hours ago, jan22 said:

It is extremely unlikely that you would be approved for an SB-1 visa.  While I'm sure you feel having to take care of your father was "beyond your control" for four years, I can almost guarantee that the US immigraton system will not agree with that.  Extending your stay to stabilize his situation is one thing -- but four years is a very long time to take to do this.  Other family members (whether you trusted them or not) or paid care-givers will be viewed as options instead of you staying for four years.  What would have happened if you had not stayed?

 

Adding to the reasons for refusal is the fact that you sought and obtained local employment during this time.  Moving to another country for four years, then finding and working a job there while not filing US tax returns, are all indications of abandoning your residency in the eyes of immigration.  That view is supported by you not having any other visible physical/financial ties to the US  (no bank accounts, credit cards, recurring payments such as utility bills, etc).  It seems the only tie is your son, whom you may not have visited in four years.  Who has been caring for him?  Have you provided any financial support for him?  I dont want to seem rude and unfeeling, but pose these issues here, as these are the types of questions and concerns that you will face with the consular and immigration officers.

Agreed. The visa is for people who basically could not return. Like they themselves were hospitalized for a long period. Your father being ill is a difficult situation but it would not have stopped you from returning to the US. On top of the fact that you didn't maintain a job, property, or bank account, its highly unlikely to be approved

[Shadow Moon 2]

@jan22 there are no other family members my brother is also ill and he wont do such a thing. I think if ever a parent got sick it should the responsibility of children. That is the tradition in my country. The tradition I grew up with. As far as trust with other people to take care my father? well I have to comfortable and trust them, this is my father we are talking about. If trust is not a factor I could've just bail any prisoner and just pay him to take care of my dad then, I have to trust and be comfortable with the person who will take care of my father. Other wise if anything happens to my father I will end up having multiple trips back and fourth in Manila. We don't have caregivers in the Philippines. If so that I may not know off, its very dangerous. I am the Philippines people, It is different here. For the financial aspect, I didn't work for my first yr being here in the Philippines. I started two yrs after. So you are telling me not to work, and just rely on someone else to help me survive? then how am I suppose to save my money to get back in the US? I don't see any logic on that at all. My son is with his mother me and his mother dont have any court order child support, but whatever I have here I give him. Again, i dont know where you from exactly, but Im in the Philippines and it is different here. But thank you so much you are actually opening my eyes and making me see the angles that I havent seen before. If I didn't stay My father may have been dead. He has a Chronic Obstructive Pulmonary disease at his age he anything can happen. So if that happens then what kind of a son am I? I am working enjoying the US benifits while my dad is suffering in the death bed and now he is dead and I choose not to take care of him? dont make sense for a human behavior point of view