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Filed: Other Timeline
Posted

Hello everyone...

I know I posted this on the visitor visa but just don't know where exactly to post to have the maximum help as possible... sorry We are just desperate...

1. Can anybody help me on what are the forms that is necessary to file for a visitor visa from Philippines?

2. I know they said that you(person who is applying for the visitor visa) have to show money in the bank so you won't be a burden in the US or to show that you can afford your stay, my question is how much is the money in the bank for 2 person? or for 1 person.?

3. What is the length of time or the processing time?

4.Would it be helpful if a US Citizen will apply a sponsorhip for them or shall we say a letter of invitation? I did not sponsor anybody before?

5.My wife (from Philippines) and me(US Citizen) has been for four years but did not apply for any AOS becasue she came here with a K1 but did not marry the guy who petition her and I think you can't adjust your status if you did not marry the guy who petition even if the guy is in drug business. So we did not? Did we do right thing?

6.Now if we apply now after four years of marriage for AOS concurrently with I-130 will it jeopardize her parents for coming here as visitor visa?

7.We did not apply for any AOS based on family becasue if the INS will send my wife back to Philippines we are not in the position financially to be separated. So we are just thinking of bringing her parents from the Philippines so she can see them. Is that possible? or will it trigger anything at all. My inlaws are only thinking of visiting and not staying becasue they have 3 other children back in the Philippines.

Any help will be appreciated and would be very helpful.

We want to start the process as soon as possible.

Much Thanks

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted
Hello everyone...

I know I posted this on the visitor visa but just don't know where exactly to post to have the maximum help as possible... sorry We are just desperate...

1. Can anybody help me on what are the forms that is necessary to file for a visitor visa from Philippines?

2. I know they said that you(person who is applying for the visitor visa) have to show money in the bank so you won't be a burden in the US or to show that you can afford your stay, my question is how much is the money in the bank for 2 person? or for 1 person.?

3. What is the length of time or the processing time?

4.Would it be helpful if a US Citizen will apply a sponsorhip for them or shall we say a letter of invitation? I did not sponsor anybody before?

5.My wife (from Philippines) and me(US Citizen) has been for four years but did not apply for any AOS becasue she came here with a K1 but did not marry the guy who petition her and I think you can't adjust your status if you did not marry the guy who petition even if the guy is in drug business. So we did not? Did we do right thing?

6.Now if we apply now after four years of marriage for AOS concurrently with I-130 will it jeopardize her parents for coming here as visitor visa?

7.We did not apply for any AOS based on family becasue if the INS will send my wife back to Philippines we are not in the position financially to be separated. So we are just thinking of bringing her parents from the Philippines so she can see them. Is that possible? or will it trigger anything at all. My inlaws are only thinking of visiting and not staying becasue they have 3 other children back in the Philippines.

Any help will be appreciated and would be very helpful.

We want to start the process as soon as possible.

Much Thanks

You might want to talk with others from the Philippines here on how long the process takes for her parents to get a visa but any family in the US will potentially count against them, especially the overstay of their daughter if it shows up. They will need to show as much evidence as possible that they will return to their home country.

DO NOT FILE FOR AOS, your only option you have is to file the I-129f and/or I-130 and go the an inverview in the Philippines. Hopefully you will qualify for a waiver but this may take time. It is something to consider because it is your only option for her to ever be here legally.

Filed: AOS (apr) Country: New Zealand
Timeline
Posted

You are going to need a immigration attorney for this. At the very least get a consultation with one. Your wife is subject to a 10 year ban from entering the US but this should be overcome with a waiver.

I think that your wifes immigration status might have a effect on a visitor visa for her family but a lawyer would know for sure.

I 130 & I129F (K3) and AOS info in timeline

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted

A lawyer will cannot do any more than you can do for yourself if you are willing to do the research. http://immigrate2us.net/forum/ is a better site for imformation on the 601 waiver. kitkat1 is the expert on th waivers but she hasn't been posting for a while. You can still check out her posts for valuable information. Lawyers make money by not telling you anything, if they told you what to do then you wouldn't need them right?

I know your question only asked about a visitor visa for your inlaws which you can see in a previous post the link to the embassy. Your inlaws are the ones who need to apply and show as much proof they have ties to their home country as possible.

Filed: Timeline
Posted

Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted
Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

NOPE there is no possibility to adjust status from a K1 if you did not marry the original patitioner. It has already been argued here on VJ. The only way is to return to her home country.

Filed: Timeline
Posted
Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

NOPE there is no possibility to adjust status from a K1 if you did not marry the original patitioner. It has already been argued here on VJ. The only way is to return to her home country.

Sorry but I have to beg to differ.... I know of 2 couples that I met here in Boston who were at their interviews at the same time as us, both were doing AOS after entering on a K1 and not marrying theperson who filed for them, they stayed in the US and married years later and both of these couples were approved the same day as us.... so please dont tell everyone that they cant do it.... much better to advise a visit with an immigration lawyer and let them look at all the facts....

Kez

Filed: Citizen (pnd) Country: Mexico
Timeline
Posted
Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

NOPE there is no possibility to adjust status from a K1 if you did not marry the original patitioner. It has already been argued here on VJ. The only way is to return to her home country.

Sorry but I have to beg to differ.... I know of 2 couples that I met here in Boston who were at their interviews at the same time as us, both were doing AOS after entering on a K1 and not marrying theperson who filed for them, they stayed in the US and married years later and both of these couples were approved the same day as us.... so please dont tell everyone that they cant do it.... much better to advise a visit with an immigration lawyer and let them look at all the facts....

Kez

Were is kitkat when you need her.

here is the law:

It's specific to K-1. It's in INA 245(d)

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

The 101(a)(15)(K) section is the section that describes the K-1 visa. In plain language INA 245(d), that says that a K-1 alien cannot adjust status except as a result of a marriage to the original petitioner.

http://www.visajourney.com/forums/index.ph...82032&st=15

is the link to the thread it is not possible to adjust from a K1 except by the original petitioner

Filed: Timeline
Posted
Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

NOPE there is no possibility to adjust status from a K1 if you did not marry the original patitioner. It has already been argued here on VJ. The only way is to return to her home country.

Sorry but I have to beg to differ.... I know of 2 couples that I met here in Boston who were at their interviews at the same time as us, both were doing AOS after entering on a K1 and not marrying theperson who filed for them, they stayed in the US and married years later and both of these couples were approved the same day as us.... so please dont tell everyone that they cant do it.... much better to advise a visit with an immigration lawyer and let them look at all the facts....

Kez

Were is kitkat when you need her.

here is the law:

It's specific to K-1. It's in INA 245(d)

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

The 101(a)(15)(K) section is the section that describes the K-1 visa. In plain language INA 245(d), that says that a K-1 alien cannot adjust status except as a result of a marriage to the original petitioner.

http://www.visajourney.com/forums/index.ph...82032&st=15

is the link to the thread it is not possible to adjust from a K1 except by the original petitioner

They can not do AOS based on their K1..... you are right.... BUT they can file an I-130 along with their AOS and file based on a current marriage to a USC.... they are two entirely different things..

Kez

Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted
Dont think her parents stand much of a chance of getting a visitors visa to come and visit someone who is illegally here in the US... you need to go and talk to a immigration lawyer about sorting out your wifes status.... you may be able to do AOS without her having to leave the US but only a good immigration lawyer will be able to look at your case and give the best advice for you.....

Kez

NOPE there is no possibility to adjust status from a K1 if you did not marry the original patitioner. It has already been argued here on VJ. The only way is to return to her home country.

Sorry but I have to beg to differ.... I know of 2 couples that I met here in Boston who were at their interviews at the same time as us, both were doing AOS after entering on a K1 and not marrying theperson who filed for them, they stayed in the US and married years later and both of these couples were approved the same day as us.... so please dont tell everyone that they cant do it.... much better to advise a visit with an immigration lawyer and let them look at all the facts....

Kez

Were is kitkat when you need her.

here is the law:

It's specific to K-1. It's in INA 245(d)

The Attorney General may not adjust, under subsection (a), the status of a nonimmigrant alien described in section 101(a)(15)(K) except to that of an alien lawfully admitted to the United States on a conditional basis under section 216 as a result of the marriage of the nonimmigrant (or, in the case of a minor child, the parent) to the citizen who filed the petition to accord that alien's nonimmigrant status under section 101(a)(15)(K) .

The 101(a)(15)(K) section is the section that describes the K-1 visa. In plain language INA 245(d), that says that a K-1 alien cannot adjust status except as a result of a marriage to the original petitioner.

http://www.visajourney.com/forums/index.ph...82032&st=15

is the link to the thread it is not possible to adjust from a K1 except by the original petitioner

They can not do AOS based on their K1..... you are right.... BUT they can file an I-130 along with their AOS and file based on a current marriage to a USC.... they are two entirely different things..

Kez

You are saying that she can adjust her illegal status because she is now married to a USC?

Good luck....

Filed: Timeline
Posted

I am saying that I sat and spoke to 2 couple who did just that, the day of my interview.... both of the women had come on a K1 and for whatever reason they did not marry the person who had filed for them.... they are now married to other people and they had filed for AOS here in the US as they had not left after they did not get married, so they filed AOS and I-130 and both were interviewed before me and both came out and wished us luck and said they had been approved....

Kez

 
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