This week we shall focus on common visa and migration questions that come to us by text or email from our Manila Times readers, listeners and viewers of “Amerika, Atbp.” on Radyo Agila and Net 25 of Eagle Broadcasting Corp. I selected “textions”—questions sent by text and emails that represent the most common questions about visas and migration matters. The textions are published here as they were sent and received.
From Metro Naga, Bicol – “Ganda hapon anoh pho, kunin q kung my kapatid aq s u.s.a,. sya mag sponsor skin” Cezar M. Jr.
Only US Citizen Siblings 21 years old and above could sponsor their brothers or sisters regardless of age. There is a 65,000 annual quota worldwide not just for Philippine applicants. As of November 2013, the State Department report states that of the total 4,299,635 immigrant visa applicants all over the world, close to 58 percent are in the Fourth Family Preference category or 2,473,114. There are 171,397 F4 applicants from the Philippines. As of October 2014, F4 petitions filed on or before April 8, 1991 are being scheduled for interviews. This means if you have a US citizen brother or sister who sponsors you on an F4 petition for you now, you would have to wait about 23 to 24 years before you could be scheduled for interview at the US Embassy in Manila.
Email from Caryl P – “I would really wanto be able to work in Australia but I think getting an Australian sponsor is hard? Is that right? Do I have other options, say if I want to migrate?”
For those intending to work in Australia, having a qualified employer to sponsor you on a work visa is not a piece of cake. Currently Australia requires sponsoring employers and applicants to meet stringent requirements for recruitment: 1) You are being sponsored in an occupation that is on Australia’s Skilled Occupations List; (2) experience in the job being offered; (3) English proficiency (4) must be licensed or registered if the job requires it; (4) salary must be equal or more than what is being paid your Australian counterpart and (5) employer shall pay for all the costs of recruitment. To migrate, you must first meet three requirements (1) Get evidence of English proficiency and (2) Be considered the equivalent of your Australian counterpart through assessment of your qualification and credentials (3) Your occupation must be on Australia’s Skilled Occupations List, Schedule 1 or 2.
From San Pedro, Laguna. Last 4 digits 5850: “asawa k nsa US ngpkasal n s pnay nurse iniwan ako, nadeny aplay k pginterview s US embcy n sponsor ng inaplayan k s agency n mgpaalis sken”
On the first issue of your husband having left you and married a Filipina RN, the assumption here is that your husband was issued a temporary visa e.g., a tourist visa; then was able to legally terminate his marriage to you and upon obtaining the final decree of divorce, married the Pinay Nurse. The second issue of your work visa being denied by a US consul you were not able to specify what type of visa you applied for: H-2B (temporary in nature and temporary in need) or H-1B, temporary need but permanent in nature, plus the job being offered must require a Bachelor’s degree
Whether H-1B or H-2B, they are subject to the US doctrine of dual intent which states that all non-immigrants seeking admission into the United States are presumed to be intending immigrants unless they can prove otherwise.
Then there is the issue of a potential misrepresentation of material facts. If the texter disclosed the fact that she is married but did not indicate that her husband is in the US; and the visa officer discovered on the consular database that the husband was issued a visa, applied for permanent resident status and could apply for US citizenship later, then the US Consul would presume that the applicant is not telling the truth simply to get a US visa. In this scenario the visa application will be denied for willful fraud. This type of refusal will result in permanent inadmissibility to the US, which bars anyone from entering the US on any type of visa.
From Gina of Batangas City: “ano po bng mga requirements para sa fiancee s US.tnx po”
Only US citizens can sponsor a fiancé(e). Both must be eligible to get married in the United States within 90 days of the foreign fiancé(e)’s admission into the United States on a K-1 visa. The US citizen must be ably employed and with sufficient financial resources to sponsor the future spouse. Unlike those applying for immigrant visas as the spouse of a US citizen, the sponsor cannot ask another US citizen or green card holder family member/relative or friend to be a joint or co-sponsor, if the US citizen sponsor does not have enough income or is not employed at all.
Second, the US citizen and the foreign fiancé(e) must have met in person within the last two years immediately prior to the filing of the I-129F Fiancé(e) petition. In rare cases, the physical meeting requirement could be waived if the US citizen can prove that he or she could not travel to the Philippines for reasons beyond his or her control. Another option is for a person who is already sponsored as the spouse of a US citizen who would want to apply for a K-3 fiancé (e) visa instead.
The K3 visa was signed into law as part of the Legal Family Equity Act (LIFE) Act on December 21, 2000, at a time when processing of the approval of the spouse visa of US citizens were taking a long time. To reunite families faster, the US Congress created the K-3 category to enable the foreign spouse to join the US spouse faster as a nonimmigrant (K3) visa instead of waiting for the immigrant visa at a foreign consular post. Once the pending I-130 spouse petition is approved, the K-3 visa spouse can apply for adjustment of status to that of a green card holder in the United States.
You can send your textion to the Immigrant Visa Center’s Visa Response Team at 0917-534-8472.