Visit visa

[Elbertviola 0]

My wife  is a doctor in the Philippines.  She has a US tourist visa she came here last year Dec 2019 and we got married in Vegas.  She went back to the Philippines after we got married and she came back this Feb for 2 weeks

and went back again to the Philippines.  Now, she wanted to come back to US next month(October) to visit me and her Aunt who lives in Florida.  I live in illinois.  She wanted to come in US to  visit her Aunt because she is the only

relative who can come to US.  Her Aunt doesnt have any relatives in US and she is in her 70s yr old.  Her aunt wanted to write a Will and transfer her other  assets to my wife.  I did not file a spouse visa petition yet .  Now,

I am not sure if  immigration will allow her to travel in visit visa, she has b1/b2 visa.  She is planning to stay here for about 6 weeks and go back to the Philippines.  
What documents does she need to bring or show to prove that she will just visit her Aunt and me here? Do we need to hire an immigration lawyer to write a letter to immigration officer ? Please advise

[Cyberfx1024 7,980]

33 minutes ago, Elbertviola said:

My wife  is a doctor in the Philippines.  She has a US tourist visa she came here last year Dec 2019 and we got married in Vegas.  She went back to the Philippines after we got married and she came back this Feb for 2 weeks

and went back again to the Philippines.  Now, she wanted to come back to US next month(October) to visit me and her Aunt who lives in Florida.  I live in illinois.  She wanted to come in US to  visit her Aunt because she is the only

relative who can come to US.  Her Aunt doesnt have any relatives in US and she is in her 70s yr old.  Her aunt wanted to write a Will and transfer her other  assets to my wife.  I did not file a spouse visa petition yet .  Now,

I am not sure if  immigration will allow her to travel in visit visa, she has b1/b2 visa.  She is planning to stay here for about 6 weeks and go back to the Philippines.  
What documents does she need to bring or show to prove that she will just visit her Aunt and me here? Do we need to hire an immigration lawyer to write a letter to immigration officer ? Please advise

As long as she has a valid tourist visa then she can come here no problem. Why would you need to write a letter or do anything? The only thing you need is a return ticket 

[Elbertviola 0]

is there a ban or travel restriction for US visit visa(next month)under Philippine or US immigration law? who should i ask (or where should we check) to make sure that Philippine immigration or US immigration will allow US (b1/b2 visa)for next month ,October.

How can she  prove or what documents she needs to show or bring to immigration that she is just visiting her Aunt?

She will come from Manila Airport transiting to korea airport and port of entry will be in San francisco, California to Florida.  

Does she needs to do quarantine in california even transiting and also in florida?

 

[HRQX 4,145]

7 minutes ago, Elbertviola said:

Does she needs to do quarantine in california even transiting and also in florida?

California and Florida don't have quarantine rules. So quarantine isn't necessary.

[Elbertviola 0]

 

Do you think the immigration will not approve her if she will mention  that she will visit me( that she has husband) also in Illinois? evbe i did not file spouse visa yet.

Or better to just mention that she will visit her Aunt?

[HRQX 4,145]

Just now, Elbertviola said:

Do you think the immigration will not approve her if she will mention  that she will visit me( that she has husband) also in Illinois? evbe i did not file spouse visa yet.

Or better to just mention that she will visit her Aunt?

If they ask she must answer truthfully. To overcome presumption of immigrant intent she should carry confirmation of return ticket and anything else that shows ties outside of the US.

[Elbertviola 0]

Sounds great.  She can able to show some proofs that she has to go back to the Philippines. she has pvt clinics and she also works for Govt hospitals that gave her authorization to travel and take few weeks leave or vacation leave.

[Chancy 6,241]

1 hour ago, Elbertviola said:

is there a ban or travel restriction for US visit visa(next month)under Philippine or US immigration law? who should i ask (or where should we check) to make sure that Philippine immigration or US immigration will allow US (b1/b2 visa)for next month ,October.

How can she  prove or what documents she needs to show or bring to immigration that she is just visiting her Aunt?

She will come from Manila Airport transiting to korea airport and port of entry will be in San francisco, California to Florida.

 

Yes, there is still a restriction for outbound travel for Filipino travelers on a tourist visa.

 

For Philippine immigration at NAIA, your wife needs to present:

• Round-trip tickets
• Travel insurance with coverage for COVID
• Travel Declaration and Acceptance of Terms and Risk Form
• Copy of your marriage certificate (better if she has the certified copy from the county clerk's office)
• Copy of your US passport bio page
• Travel Authority and Approved Leave Form (I'm sure she knows this since she works for a government hospital)

 

Your wife should highlight to the IO that her trip is for family reunification.  Your marriage certificate and US ID will be evidence of that.  Just hope that the IO will accept that her trip is essential.  That's the key question.

 

Does she have documents to prove her relationship and urgent business with her aunt?  If so, bring those and a copy of her aunt's US ID.  Does her aunt have any medical condition?  Better if she could bring proof of that.

 

She probably knows already that she needs to wear face mask AND face shield at the airport.  I don't know if South Korea has any transit requirements for travelers from the Philippines.  Check that as well.

 

As for her entry to the US, it's not her first time so she already knows what sort of questions they ask.  As always, she should answer truthfully.

 

CBP has no new document requirements because of the pandemic and even if you're married.  No need for a letter from an immigration lawyer; CBP will not care.  A lawyer's letter will not convince them that she will not overstay or adjust status in the US.  Instead, bring proof of ties to the Philippines.

 

Safe travels to your wife!

 

[Elbertviola 0]

Hi..

If there is a travel restriction ( due to covid) from the Philippines on tourist visa ( specially next month of October). How can she able to travel on B1/B2 visa?  or be able to visit her Aunt?

Who can we call or check to confirm if the travel restriction is lifted? I am a little worried if she will tell to IO that she will also visit me (husband), they may think that she not might come back to the Philippines even she has strong ties to her country. I was thinking to just mention about the Will  and other personal assets of her Aunt that she is the only trusted and only one can able to come to US to transfer to her name.  

[Just Paul 4,595]

53 minutes ago, Elbertviola said:

Hi..

If there is a travel restriction ( due to covid) from the Philippines on tourist visa ( specially next month of October). How can she able to travel on B1/B2 visa?  or be able to visit her Aunt?

There is no restriction from USCIS to enter the US as long as a banned country is not transited.  She should check with the Philippines BI about exiting.

 

She has traveled back and forth before so there aren't any red flags as long as she keeps her ties to the Philippines.

 

 

55 minutes ago, Elbertviola said:

I was thinking to just mention about the Will  and other personal assets of her Aunt that she is the only trusted and only one can able to come to US to transfer to her name.  

There is no requirement that she come to the US to do this.  Her aunt can make all of the arrangements without your wife present.

[Allovertheworld 355]

56 minutes ago, Paul & Mary said:

There is no requirement that she come to the US to do this.  Her aunt can make all of the arrangements without your wife present.

Power of attorney.  I am dealing with this right now, my US relative moved to Philippines last year and I am trying to do some stuff at the county courthouse and they said I can get power of attorney, but the hitch is it has be be signed before a notary, and the notary must be a US Citizen.  I think the US Embassy in Manila offers this service, but he is in Mindanao and I don't that that part of US Citizen Service is back open yet.

Edited September 12, 2020 by Allovertheworld

[Allovertheworld 355]

58 minutes ago, Paul & Mary said:

There is no restriction from USCIS to enter the US as long as a banned country is not transited.  She should check with the Philippines BI about exiting.

 

 

Agreed, I think BI would be the key if she can leave the Philippines or not.

[Elbertviola 0]

Do you have info of Philippine BI so i can find out if they can allow tourist (visit visa) ?  Thank you

[carmel34 3,637]

Two issues for her to overcome:

 

1.  Permission to leave the Philippines which she has done before so she should know the process.

 

2.  Entry to the US with a tourist or any other visa is always at the discretion of the CBP officer who will question her as to the purpose of her visit and make a determination whether or not to let her enter.  Evidence of strong ties to her home country will help overcome the possible immigration intent that she could try to stay in the US and adjust status through you, which some have done illegally before her.  She will need to satisfy the CBP officer's questions that she will return to the Philippines after a short visit to see her aunt and husband.  Her previous short visits will be good evidence that she will return home as well.  She should be allowed in but there is no guarantee as it's up to the officer.

 

Good luck!

[Chancy 6,241]

9 hours ago, Elbertviola said:

If there is a travel restriction ( due to covid) from the Philippines on tourist visa ( specially next month of October). How can she able to travel on B1/B2 visa?  or be able to visit her Aunt?

Who can we call or check to confirm if the travel restriction is lifted? I am a little worried if she will tell to IO that she will also visit me (husband), they may think that she not might come back to the Philippines even she has strong ties to her country. I was thinking to just mention about the Will  and other personal assets of her Aunt that she is the only trusted and only one can able to come to US to transfer to her name.  

 

The restriction is on outbound non-essential travel for leisure or tourism.  Filipinos with tourist visa are allowed to go on essential travel for business, medical, or humanitarian reasons.  The Philippine immigration officer will want to see documents showing that your wife's trip is essential and cannot be postponed.

 

Details on the outbound travel restriction -- https://www.immigration.gov.ph/images/News/2020_Yr/07_Jul/2020Jul24_Press.pdf

 

Aside from her evidence of essential travel, your wife will need to present to the BI officer her round-trip tickets and a valid Travel Authority as minimum evidence of her intent to return.  The Travel Authority would show her employment information and the date she is expected to return to work.

 

Also, new requirements due to COVID: travel insurance with coverage for COVID, and Travel Declaration and Acceptance of Terms and Risk Form.