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Married in Philippines and Want Wife to Accompany on Trips back to US

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sb5046
5/18/2022 21:05 EST

I am newly married to wife in PI. Previously i submitted a fiance visa for her but was able to travel here and marry after waiting approval. I would like to trave back to US at least every year for a month or so to visit kids ect., and would like her to accompany me. Is there any type of visa that would allow her to regularly accompany me and not require an extended stay? from what i can tell the tourist visa would not be a good solution. i am more looking for a visa that recognizes her as my legal spouse who is able to travel with me. Thank you.

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Asawa
5/20/2022 10:24 EST

My honest advice is to travel without your wife when you visit the US.

If you want to freely travel with your wive, move the the US, petneition her, get her citizenship (a 5 year process) then you can come and go freely.

As weird as it sounds, the immigration process is not really designed for the spouses of Expates who have never been to their country. The immigration process is designed for those outside the US to legally immigrate to the US.

Multiple visas with different purposes can innocently paint a picture of desperation or attempted fraud. It is possible for forein spouses to be blacklisted for medical, proceedural, or even innocent answers like "have you ever used drugs?" Where He/She answers, "I once smoked marajauana when I as 14, but no". (IE: Getting flagged as a drug user).

There are even famous Filipino Artists and Mayors of Cities who can not get toursit visas. I know of one case where a Medium-Sized town in the US (with sister towns in the Philippines) invited the mayor from the Philippines as a Municipality. The Mayor was denied visa for lacking compelling reasons to return and having a subsidized ticket paid with someone else's money. And, lacking the bank account to return to his/her own country on his own means.

It's all pretty crazy. However, if you get to know the history, carless or malicious Filipinos really did ruin the process for future travelers. As I recall, the prohibitions only apply 4 countries: India, Mexico, Mainland China, and the Philippines. This relates to overstaying visas, never returning, coming to marry, or coming on toursit visas to claim assylum or convert under false pretenses (always intending to do that).

As far as I know, Philippines tends to be hard than india, because in India you can go to a consulate and get a travel visa.

For typical immigration issues... your U.S. House of Representatives congressman has aids who can attempt to intercede. HOwever, the irony is.... that you not in the US and may not have a representative... and you are not trying to bring your wife to live in the US or break through K1/K3/IR1 laws so she can become a citizen.

So, generally speaking.... I think this is an unforunate educational opporunity where you learn that the expected process is not like the myth where "Any captain can marry a couple in international waters and it's binding". Or, that the general laws of most countries do not apply to Philippines, India, Mexico or China Mainland.

The other reason why those countries are singled out is because they are considered devloped and able to get in line. In an effort to balance things out, under-represented countries are given easier processes to balance the scales.

I could be wrong. I'm only a casual immigration enthusist, and my information is aging. But that's what I believe to be true from YEARS dealing with these issues.

-Asawa

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Lawdog
5/20/2022 04:16 EST

Do not apply for a tourist visa!!!!!!!!!!!! Not only did I take care of the pacific realm for the state department I was also the lead at the embassy in Manila for two years. The last thing you ever want to do is contradict two separate entities of one marriage/tourist red flags will go off and first thing I’ll do is deny you second will be the ole dreadful email to your hubby to call this number xxxxx. Reason being is way way way back in the days human trafficking was caught and overstays were outrageous. Just apply correctly let the process play out and she’ll be okay anything else and trust me you’ll be mad at yourself for the added measures to assure its now a legit marriage as we have seen it all!!!!!

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Asawa
5/19/2022 23:24 EST

Due to a long history of "High Flight Risk during Visits", due to overstaying visas, the Philippines is one of about 4 countries singled out for entirely different rules than other countries when it comes to tourist visas and some other immigration policies.

The thing is, that even a K1 or K3 visa is only good for a single entry.. and you are expected to stay in the US for 2-3 years until you can apply to have the conditional permanent resident requirements removed. To ever return a 2nd time, you must apply for advanced parole.

Toursit visas for Filipinos often require folks to prove they have "Compelling reasons to return" and also prove that they have the means to buy the tickets with their own money, and a genuine reason to return afterwards (business, marriage, etc).

It's genuinely hard for folks in the Philippines to visit the US... and marriage does not really make it easier. It typically means a 6-12 month application process to get one entry, and you don't dare leave afterwards without advance parole to return. Otherwise, you have to start all over again.

At least, that's how it was between 1999-2015. I haven't checked in again lately. Back then, it also only took about 4-5 months to bring a fiance to the US, but it would take about a year to bring a wife. (Which seems so backwards... but it's why we married in the US instead).

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