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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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I am an US Citizen working in Dubai. My girlfriend is Filipino

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I am an US Citizen working in Dubai. My girlfriend is Filipino and we have been dating for 4 years in Dubai. My work contract will expire and I will return to US. How can she come to US with me. We don't plan to marry but we do plan to stay together and I would like her to come with me to USA. Where do I start. Thanks.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

Since you don't plan to get married, is she coming just to visit? How long does she plan to stay?
Customer: replied 3 years ago.


She is married in the Philippines. But she has been living in Dubai for the last 8 years. She is looking to get an annulment for her marriage in Philippines and until that happens, we cant get married.


 


Once my contract in Dubai expires I have to go back to the states. I need her with me. So to answer your question, she will be coming to the stays to live with me.

Hi Tom,

Unfortunately, I do not have very good news to share. Would you like my answer anyway? And do you understand that I don't make the rules and therefore my rating should not be based on the outcome of your situation?
Customer: replied 3 years ago.


Yes I would like your answer anyway. Can she at least get a tourist visa?

Thank you Tom,

Unfortunately, there is no way she can come to the US and live here with you unless she has a fiance visa, a student visa or an employment visa.

Fiance visa: She is not eligible for the fiance visa until she is free to marry, which means when her divorce or annulment is finalized.

Employment visa: She needs an employer who will sponsor her for a visa first. Which one will depend on her educational or experiential credentials, and the position offered.

Student visa: She will have to get enrolled in school, and then have the Designated School Official issue an I-20 to be sued while applying for the student visa. It must be from a degree or certificate granting institution.

Visitor visa: She eligible for a Visitor visa, but it cannot be used as a way to come to the US and reside here. It is only for a visit. And the decision is completely discretionary, both to issue the visa at the consulate and to grant entry to the US. Also note that the maximum time she will be allowed to enter the US is 6 months. But just as the officer decides if she will be let in, the officer also decides for how long she will be admitted. In other words, the officer is not required to grant her the maximum 6 months.

Please know that I always do my best to assist customers with coming up with a good solution to their situation. However from time to time, the law does not provide a good solution to every situation. I am only the messenger. Please do not hold bad news against me by giving me a negative rating.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

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If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Customer: replied 3 years ago.


James,


Thank you so much for your answers. What would she need for the visitor visa?


I understand you are the messenger and I appreciate your time.

Hi Tom,

Sorry for the delay. It's been a busy afternoon working with customers.

Here is all of the information she will need for the visa: http://travel.state.gov/visa/temp/types/types_1262.html.

The most important thing is when she gets to the interview, she provide proof of strong ties to her country of residence to satisfy the officer that she intends to return to her place of residence. To that end, she should show property ownership, proof of employment and intent to return to the same, bank accounts, lease agreement, etc. Anything she can think of to show that she will return to her place of residence or her home country.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
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