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ttompatz (and/or anyone else): Immigrant Visa Question - USA

 
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Zackback



Joined: 05 Nov 2010
Location: Kyungbuk

PostPosted: Fri Feb 12, 2016 1:27 am    Post subject: ttompatz (and/or anyone else): Immigrant Visa Question - USA Reply with quote

Here's the skinny of what's going on.

I met a really nice Filipina in the Philippines. We got married and after a long time of fun we took off and started teaching together in China.
We've been here a number of years and now we are wondering how my wife can obtain an Immigrant Visa for the USA - I am an American. I am not a Permanent Resident of the Philippines.

Can we submit the I-130 petition in China (Beijing or Guangzhou) or do we have to do it at the American Embassy in the Philippines (Manila)?

Thanks a whole lot.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Fri Feb 12, 2016 6:54 am    Post subject: Re: ttompatz (and/or anyone else): Immigrant Visa Question - Reply with quote

Zackback wrote:
Here's the skinny of what's going on.

I met a really nice Filipina in the Philippines. We got married and after a long time of fun we took off and started teaching together in China.
We've been here a number of years and now we are wondering how my wife can obtain an Immigrant Visa for the USA - I am an American. I am not a Permanent Resident of the Philippines.

Can we submit the I-130 petition in China (Beijing or Guangzhou) or do we have to do it at the American Embassy in the Philippines (Manila)?

Thanks a whole lot.


IF she and you have a "Z" or other long stay visa in China (with residence) then you can do it in China.

IF one of you does not (in China) or if you took shortcuts with the marriage paperwork (used a fixer) then you have to go through Manila.

.
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Tue Feb 16, 2016 4:00 pm    Post subject: Re: ttompatz (and/or anyone else): Immigrant Visa Question - Reply with quote

ttompatz wrote:
Zackback wrote:
Here's the skinny of what's going on.

I met a really nice Filipina in the Philippines. We got married and after a long time of fun we took off and started teaching together in China.
We've been here a number of years and now we are wondering how my wife can obtain an Immigrant Visa for the USA - I am an American. I am not a Permanent Resident of the Philippines.

Can we submit the I-130 petition in China (Beijing or Guangzhou) or do we have to do it at the American Embassy in the Philippines (Manila)?

Thanks a whole lot.


IF she and you have a "Z" or other long stay visa in China (with residence) then you can do it in China.

IF one of you does not (in China) or if you took shortcuts with the marriage paperwork (used a fixer) then you have to go through Manila.

.


Not quite that straight forward.

1. If zack and his wife are legal residents, they can file a DCF/I-130 in Guangzhou. Process should take 2-3 months.
2. If zack is a legal resident in China, but she is not, he'll have to send a I-130 application to the USA and she'll have to go back to Manila to get medical check-up, interviewed, and then visa. Much longer process.
3. If both are not legal residents of China, same as #2.
4. If she is legal resident of China, but he is not, he will have to send I-130 to the USA and she can be interviewed and receive visa in China. She does not have to return to the Phillipines.

This is assuming that you have a legit marriage certificate. If not, then this whole thing is moot, and you should look into the K-1 visa process instead.

Zack, i recommend using visajourney.com to solicit advice on this type of thing. It's a pretty useful site.
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