sis ato, Thanks. About your q: When he (your h2b) gets the re-entry permits it's the USCIS discrection if they will grant it or not. But usually naman they do.
I just want to share this too. A friend of a friend of mine has a re-entry permit who went back to PI and stay there for a year. When she return sa US she was detain for a lot of questioning, she barely made it out of the office. But at least she got out. US immigration frown upon on that. For you to be able to granted re-entry kailangan may valid reason. And it's the discretion also of the immgration officer at the POE if he/she deem it valid reason. Yung reason nya why she has to stay sa PI for a year because she needs to finished her course kasi 1 year nalang daw kulang at sayang daw if she didn't finished it.
But wag malungkot sis. God will always make a way.
Kahit impossible na, He will make it very possible.
Like what sis kuruga said, pwede kayong magpakasal make a baby, have a life moving forward while waiting for your petition. But once okay na petition, kayong lahat magkakasama lumipad.
Best to write down ano ang mas priority ninyo.
-Getting married and have a baby while waiting together with your petitions.
-Or wait, let your h2b come here in US and go back there to marry you and get you.
And yes sis, he needs to go back sa states to file a petition for you. Only a US citizen kasi can file a
Direct Consular Filing, and this is faster than filing in a Service Centers.
Here's an info about DCF (Direct Consular Filing):
http://www.visajourney.com/content/dcfBut since LPR lang cya, he will file it the usual way and one of the requirement are US domicile. So he can't stay with you for long after the wedding...
Sorry...
Well, I guess he could if he got the re-entry permit but if his reason why he stayed for long in the PI is that he got married and doesn't want to leave you to go back sa states. He is telling the US that he has more ties in the Philippines than the US and it will look like he doesn't intend to go back to the US.
In order to qualify as a returning resident, individuals must apply at the U.S. Embassy to demonstrate to a consular officer that they departed the U.S. with the intention of returning after a stay of less than one (1) year abroad, and their failure to return to the U.S. as planned must be shown to have been for reasons beyond the individual's control.
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sis ysella, Thanks sis. About your q: No sis, no need to file a separate petition sa baby mo. Like you said your baby is included as derivative.
But when your hubby change from LPR to USC that's when you need to file a separate petition.
