How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105572
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

My Fiance'e from PI.Manila, i like her to come to Hawaii, as

Customer Question

my Fiance'e from PI.Manila, i like her to come to Hawaii, as tourist,vistor, what i need to fill a B-1 or b-2, financial source U.S. Visa!!
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I RET. for 16th yeas, im on soc/sec, income, and retired fund RIA,
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

What is your plan? To marry her and for her to stay and get Residency? Have you filed anything for her yet?

Expert:  Guillermo J. Senmartin, Esq. replied 4 months 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.

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.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Donicio. 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 4 months ago.

Hello Donicio. If you want to know other ways for her to come to the U.S., please let me know. If not, thank you for your kindness and respect. Good luck to you.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I am not sure why you are ignoring me when I am just trying to help you, but I still think I can be some help to you.

There are essentially three ways to bring her and none are really fast, unfortunately:

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 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 those visas:

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

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

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

Related Immigration Law Questions