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  • Please help urgent

    My fiancee for 2 years has a US Tourist Visa and I am a US citizen.

    We are getting married legally in 2 weeks in the Philippines, since there are too many conflicts here, we decided to just start our lives alone abroad away from everybody. We plan to go to the USA (Las Vegas) and start a new life.

    My questions are:

    1. Is it okey for him to enter the US using his tourist visa?
    2. How long should we wait before I can file for I-130 and I-765 (work permit for him)?
    3. Does he need to file any form for him to be able to become a citizen.
    4. JUst in case he needs to go out of the USA while the petition is on process because he only has a tourist visa, how long does he have to be away? Is it okey for him to just go to Vancouver, Canada for few days and return to the USA?

    We are already in our mid 30's and we tried to live a peaceful life in our hometown, but people from our past keeps haunting us and best way is to live far from them. We are both educated and has a little savings that we can use start our life together, but we want to be wise before we make the move of going abroad to avoid waste of money in the long process of petitioning him.

    Hoping for your enlightenment.

    Thank you in advance.

    MAS

  • #2
    Visitor to green card is not advised in your case.
    The reason is visitor visa requires a non-immigrant intent . And if he enters saying he is visiting and then applies for adjustment to green card,
    it will be visa fraud. That will be easy to prove because both of you will be already married when he will enter US as a visitor.

    You have other options;

    1. US embassy Manila has a USCIS filed office which means you can directly file an I-130 at the embassy without going through
    a US processing. It is also called direct consular filing and is much faster . The only requirement here is the US citizen spouse must
    have a long term phillipine visa and proof of residence there . If you live in phillipines for some months on a long term visa and file an I-130 there,
    then you can both travel back to US together in less than a year.

    2. If you cannot live in phillipines for long after marriage, THen you return to US alone and then file the I-130 in US . He can wait for
    the immigrant visa in phillip. This is the correct way to go.

    3. He comes to US on his visitor visa. You get married and then he returns to phillip. for visa processing as in NO. 2 above.
    Last edited by peace999; 01-26-2014, 09:43 AM.

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    • #3
      Originally posted by peace999 View Post
      Visitor to green card is not advised in your case.
      The reason is visitor visa requires a non-immigrant intent . And if he enters saying he is visiting and then applies for adjustment to green card,
      it will be visa fraud. That will be easy to prove because both of you will be already married when he will enter US as a visitor.

      You have other options;

      1. US embassy Manila has a USCIS filed office which means you can directly file an I-130 at the embassy without going through
      a US processing. It is also called direct consular filing and is much faster . The only requirement here is the US citizen spouse must
      have a long term phillipine visa and proof of residence there . If you live in phillipines for some months on a long term visa and file an I-130 there,
      then you can both travel back to US together in less than a year.

      2. If you cannot live in phillipines for long after marriage, THen you return to US alone and then file the I-130 in US . He can wait for
      the immigrant visa in phillip. This is the correct way to go.

      3. He comes to US on his visitor visa. You get married and then he returns to phillip. for visa processing as in NO. 2 above.
      Dear Peace999,

      Can we just go to the US and re-marry there? and not declare that we are married in the Philippines?

      We do not have much funds and we need to move abroad ASAP. Our safety is at risk. We need to make sure that once we go to the US, we can stay there together while petition is on process. We can't be apart since we have limited funds.

      PLease advise.

      Thank you so much

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      • #4
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