Going to the US: I-130 Petition (Spouse/Immediate Relative) Part 4

[vain_kixie]

^^From what i know only USC can petition under the K1 visa. So your only option is the spousal visa.

[prettypurple08]

Thanks sis @Missus O and @vain_kixie for the reply.

He is not yet a greencard holder.  He has not been to US yet.  Nagproprocess pa lang.  So if spouse, i saw that he needs to have a document for financial support so would that mean na he needs to have work first bago nya ko ma petition?  Ang tagal pala

[Missus O]

^If you want to visit him while he's in the US. I suggest apply for a tourist visa, prior to applying for a spouse visa. A spouse visa takes time. And they will only ask for your passport pag interview time.

[vain_kixie]

Apply for a visa now, they might give you a 10 year multiple and when his petition gets approved then you can easily visit him.

Yun ang ginawa ko, USC husband ko, before we got married I renewed by visa earlier (expiration was October, and were getting married in August so I renewed in May). Ayun i can freely visit the states kahit na hindi pa ako naka petition and may husband ako na USC.

[Gaysha]

My husband petitioned me from K1 but he's a US Citizen naman.

Sis, pano ba nag process nito (k1)? Kailangan ba talaga pumunta dito (Ph) ang boyfriend? My BF kasi is very busy sa work nya. We have not met pero we have been chatting etc (video, text, calls) and sabi nya research ko daw on how I can go to the US. Tourist visa kasi mukhang malabo ako maapprove dito. Ang suggestion nya mag apply ako ng work visa, sabi ko bomalabs yang way na yan. Pakasalan nya ako para makapunta na ako and okay naman sa kanya but he wants it to be in the US. Besides, di naman legal ang same-sex marriage dito.

[lyn]

Gaysha, go to this thread Fiancee Visa. They might be able to help you more on your situation.

[Missus O]

@gaysha - he would need to file a k1 fiance visa for you. You can check the us embassy website for the process. Or try to go to Visa Journey. Forum sya for all types of USVisa. If he is going to file a K1 visa for you, you need to prove that you are not a fraudulent couple. This is via pictures of your times together etc. Good luck

[lyn]

Gaysha, here's a link I found about same sex marriage immigration in US.

http://travel.state.gov/content/visas/en/immigrate/family.html

And this link: http://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

Click arrow down for Important Notice of Same Sex Marriage.

FAQ of Same Sex Marriage or K1 Fiancee Visa Petition.

[simang]

I'm not sure if this is the correct thread to ask, di ko kasi sure if I-130 ba applicable for this situation, lol but anyway, if I have an active EB2 visa, how long will it usually take for me to petition my husband and my kid for green card?

[Missus O]

@simang- what is EB2? Is that an employment based visa?  For some people I know nakasama nila kaagad ang family nila provided that they were already included in their application. The most that I saw was a year.  For those na nakaalis na, and then dun pa lang sila magpepetition, they have to wait until they have a greencard status then they can petition takes anywhere from a year and more. 

[simang]

Missus O, yes employment based 2nd preference. I'm petitioned by my employer pero they said i have to petition my husband myself when i'm already there since hindi na part ng contract ko yung gastos for that. Sabi naman nila mabilis lang daw yun, but they can't estimate the time kasi iba iba. Parang di ko keri mag LDR kasi hahaha.

[Missus O]

^it depends sis sa status mo when you arrive here, pag immigrant status ka ( greencard), you may petition them. But if you are only on working visa, you need to wait pa. I am not an expert, but that is basically what I have noticed sa mga dati kong schoolmates who came here. You can check VisaJourney. It is also a forum specializing on all types of US Visas. Good luck sis.

[simang]

^thanks sis! will check that forum.

[prettypurple08]

Hi.  My husband is an LPR.  He just got to the US 4 months ago.  I have a tourist visa.  I went to the US for a vacation and we got married after he got his greencard.  I hope you can help me with my questions:

1.  Can he file a petition right away for a spouse visa or he needs to have a job first?
2.  If he filed for I-130, will the embassy cancel my tourist visa?
3.  Can I stay in the US while waiting for the petition?

Someone advised me na dapat daw hinde na ko umuwe and just wait in the US until ma approve yung petition and sabi nila hinde naman daw ako magiging illegal dun because they will give me conditional visa?  Is that true?  From what I read kasi, the conditional visa is given to those who married a US citizen but not sure for LPRs.

TIA for your replies.

[Gaysha]

^try to research in this site sis. for starters, read this:

http://www.visajourney.com/content/i130guide2

[LOVEISALLWENEED]

Hi!  I'm hoping for some help regarding my questions..
F3 ang visa namin, hubby ko ang pinetition una ng MIL ko. It was ages ago, roughly 2 decades na wala pa rin. Sa sobrang tagal nag shift na sa ibang plans yung focus namin, Though ang pinaka last step na ginawa namin is to submit yung papers nung panganay. Medyo na lost na ko tuloy sa trending ng visa, alin dito ang dapat kong icheck for our F3 status? CHART A (FINAL ACTION DATES FOR FAMILY-SPONSORED) or CHART  B (DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS)?
Thanks so much!

[i_miss_sleep]

^ Chart B is when USCIS will start contacting you for submission of required documents (ie. birth cert/marriage cert, dates of medical, dates for interview). You'll first receive a welcome letter. Depends on how quick you turn over those requirements but typically it takes a year to finish everything. So by the time you're done, you'll wait for USCIS decision which is timelined on chart A.

According to May 2017 Bulletin, F3 for Philippines visa approval is dated for those with priority date of Sept 1994 (Chart A). Those who has priority date of Feb 1995 will begin to receive Welcome Letter (Chart B).

So abangan mo yung Chart B. Pag priority date mo na nakalagay sa Chart B, make sure someone is watching your mailbox for that letter.

Hope that helps.

[LOVEISALLWENEED]

^ Chart B is when USCIS will start contacting you for submission of required documents (ie. birth cert/marriage cert, dates of medical, dates for interview). You'll first receive a welcome letter. Depends on how quick you turn over those requirements but typically it takes a year to finish everything. So by the time you're done, you'll wait for USCIS decision which is timelined on chart A.

According to May 2017 Bulletin, F3 for Philippines visa approval is dated for those with priority date of Sept 1994 (Chart A). Those who has priority date of Feb 1995 will begin to receive Welcome Letter (Chart B).

So abangan mo yung Chart B. Pag priority date mo na nakalagay sa Chart B, make sure someone is watching your mailbox for that letter.

Hope that helps.

@i_miss_sleep Thank you for this wonderful info and I apologize na rin for super delayed response.

Jan 1996 yung priority date namin and as of Oct 2017 nasa JUNE 1995 na yung current date.
Sa tingin nyo ba malapit lapit na yung processing ng priority date namin? Medyo may dilemma kasi sa work ni hubby ngayon. Di nya sure kung lilipat ba sya ng panibagong company dito sa pinas o antayin na lang nyang lumabas visa namin at wag na munang lumipat.
Thank you!

[i_miss_sleep]

^sis, don't make drastic decisions (ie. selling your house, resigning from work without replacement) if wala pa yung visa niyo. Pwede naman siya lumipat ng work if stressed out na siya sa current niya. Once you received your Welcome Letter, it will take about 1 yr (or more) before you get your visa. Lately parang ang bagal ng usad ng processing na naman.

Btw, call or email <askNVC@state.gov> NVC and ask status of your application. For emails, wait 3 weeks for them to respond.

https://travel.state.gov/content/visas/en/immigrate/nvc/nvc-contact-information.html

Be ready to provide below:
Name of the person submitting the inquiry;
NVC case number or USCIS receipt number;
Petitioner's name; and
Principal Applicant's name and date of birth.
 

[jhez]

^^husband ko sis inabot ng 14yrs petition ng mom nya. Hindi kami nagresign up to last minute. Nun nakakuha sya ng interview letter tsaka sya nagfile resignation. Same with me nun napetition ako ng husband ko nagfile ako resignation nun may interview letter na ako. 2yrs naman inantay ko for Spousal Visa by LPR