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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108042
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am separated male, I love a lady boy phillipines, we want

Customer Question

I am separated white male, I love a lady boy phillipines, we want to get married, bring her here,what can I do,or is there a immigration lawyer in rhode island
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

When you say separated, you mean legally divorced?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

When you say separated, you mean legally divorced?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Sir, I'd like to help you, but it is important that you respond. I will give you an answer, but since you are refusing to respond, I have to make certain assumptions. IF you are not legally divorced, you cannot petition for her. So if you are just separated from your spouse, you will need to get legally divorced. Until that time, you cannot petition for her. She can TRY to apply on her own for a B-2 tourist visa, but it will not be easy.

You can look at the link below for all the information that you need on the visitor visa:

http://travel.state.gov/content/visas/english/visit/visitor.html

Essentially, she must have a valid reason for visiting, must have a way to support herself without working illegally, must have significant ties to her home country, and must have the intent to return home.

A letter of invitation helps with some of this as it will help to show why she is coming to the U.S., how much time she will need and that perhaps she will have a place to stay so that she doesn't have to spend money. Usually you want to show that she is going just for a few weeks or so. If it is longer than that, immigration will wonder why and will become suspicious. They are almost sure to deny someone that says they want to visit for 5 or 6 months unless they have very strong evidences of everything else I listed above. So your letter should state why you are inviting her and that you will provide room and board while she is here visiting. But keep in mind that a letter of invitation is a small part of the process and isn't even a requirement (people mistakenly believe it is the most important) and it can sometimes be used against the applicant. For example, if the consular officer believes that the applicant will have too much support meaning that they could stay illegally in the U.S. or if there is a romantic connection, the officer would deny the visa. Sometimes it is better to not even have a letter of invitation. The most important part of a case is to have strong ties to the home country.

Now as to some of the ties, she will need to show that she has significant close family at home, property not easily sold, and a good job for a good company that she has had for awhile that she would not normally abandon.

So if she is young, and without much money or any property or a good job, she would probably be denied. They would see her as a risk for staying illegal. Also, persons that are planning to travel with their spouse and children are a risk as well because some of their significant ties are actually going with them.

I mean some people have been approved with less, but I am trying to give you the idea for the best chance.

I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.

http://www.ilw.com/articles/2009,0528-schwartz.shtm

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

If the B-2 is denied or you just want to skip it, then there are three ways to bring her through you BUT you must be legally divorced before you can begin any of those:

1) The K-1 fiancee visa takes 6 to 9 months, but you must have met before at least once during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After she enters the U.S., then you have to marry and then you have to pay $1070 for the I-485 and she will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that she can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for your kindness and respect. Good luck to you.