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Question About US Spouse Visa

Steven asks…

Spouse visa to the US?

My husband (an American citizen) and I (a Philippine citizen) have been married for over 2 years. We’ve been living in the philippines since we got married. We both don’t have jobs here and we’re living off of savings. My husband doesn’t want to live in the Philippines anymore… and we’re planning to move to the US. But I dont have a visa.

Is there anyway that we can get me a spouse visa without any proof of income?

By the way, I’m a US licensed nurse and he’s a licensed US physician. We will not be a public charge when we go to the US.

I would really appreciate your help. Thanks in advance and happy new year!!
Thank you for your answers! I do appreciate them!
Is there any visa I can get, however, that would allow me to go to the US within 6 months? Spouse visa sounds complicated… My husband wants to go back to the US as soon as possible but we don’t know my visa options. We want to go there together. I also don’t want to get denied because it would cause more delays.

The US immigration office in the philippines does not issue work visa easily (probably just as difficult as spouse visa). Do you know anybody that I can ask regarding this visa issue? Thanks again!

Best Answer:

There are several different things to consider before leaving the Philippines. One, since your husband has been living in the Philippines for the past 2 years, he should be able to file the I-130 immigrant petition directly at the USCIS office at the embassy in Manila. If he goes home first, he’ll have to file in the US and it will take up to a year or so for you to get an immigrant visa interview in Manila after he files. He doesn’t have to have any income to file the petition itself, just enough money for the filing fee. If he files the petition in Manila, you should be able to get a visa within 6 months.

Your husband would need to be able to show that he has sufficient income, or resources to take care of you in the US, but that comes up at the immigrant visa interview, not when filing the petition. If he doesn’t have any current income, he could still file a sufficient I-864 affidavit of support if he has enough money in his checking and savings account, or has property in the US or other assets. It’s more difficult to do an I-864 based on assets, since it requires more paperwork, but since he would have to show at least $55,000 in assets, as he has to show an income of over $18,000 per year or assets worth at least 3 times $18,000. Even if he had no assets, he could still get a friend or relative to file an I-864 with him as a joint sponsor, so there are several ways to solve this problem. He would need to show his most recent US tax filing. If he didn’t file last year, he’d need to explain why he didn’t.

At the moment, the only other visa you might be eligibie for is a tourist visa. Considering that you intend to live in the US with your husband, actually, they should deny you a tourist visa. That’s not what tourist visas are for. So, before doing anything else, get your husband to go to the embassy and check into filing a petition there. That wil save a great deal of time. You can get contact information for the USCIS office at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73b714836a14d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD. You’ll see on this page it states:

The USCIS Manila Field Office accepts and adjudicates U.S. Immigration benefits filed by residents of: The Philippines

Posted From Yahoo! Answers (for informational purposes only)

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