December 1, 2004

Visa Officer Chat

Transcript/FAQs:

The following FAQs summarize topics of general interest for those with queries for the Visa officers. The following FAQs summarize topics of general interest for those with queries for the Visa officers. The information in this document is provided for informational purposes only. US immigration laws are subject to change. Visa issuances are based on the decision by the Consular officer applying US Laws.

Q. User asked: I have a few inquiries regarding my application for an H1-B visa. In my most recent interview at the Embassy I was given the H 221 g letter. The pertinent information says: The petition is being returned to the USCIS for further review. Upon completion of the review, USCIS will contact your petitioner, who will give you an update. Please wait for a notification from the embassy before returning.

I just want to inquire because my H1-B is valid from Oct 1 2004 until Sept 30 2007. With the petion having been returned to USCIS, and in the event that it gets confirmation of approval, will the end date of my job contract still be Sept 30, 2007? Or will it depend on when I actually assume the work I was hired for?

A. Your petition was returned to USCIS. They will make a determination whether to revoke or reaffirm the petition. If the petition is reaffirmed, the expiration date will be the same as the original petition. Once it expires, a new petition would have to be filed.

Q. User asked: I am an H1B applicant. My future or prospective employeer told me that I already have a WAC number. What does WAC means? When will the US embassy start issuing H1B visas? Can we (applicants) communicate with the US embassy and verify the status of our visa?

A. A WAC number is issued by DHS once they receive a petition. You will receive a petition approval notice from DHS once they approve the petition. We are still issuing H-1B visas, but the DHS cap has been filled for this year. They will begin approving new petitions next year.

Q. User asked – During my interview for H1B, What are the necessary documents to bring?

A. You should bring the I-797 Notice of Action, the I-129 and LCA and all supporting documents given to DHS at the time the petition was filed.

Q. User asked - Is there a special section where my wife can apply for a visa? I am an American citizen born here in Davao. We are planning to go to the US soon.

A. If your wife plans to apply for a tourist visa, you should do three main steps: Pay the application fee of $100 at BPI or Citibank. Next, fill out an application form and get photos. Lastly, make an appointment with our call center. A comprehensive description of the visa application process as well as the telephone numbers for the Call center are listed on the US Embassy or Virtual Consulate Web-sites. Visa application forms can also be filled online.

Q. User asks - I am living in Hong Kong and recently married an American Citizen? How do I begin the Immigration process?

A. Spouses of US citizens have two visa options. Your husband can either petition you through the immigrant visa system by filing a CR-1 petition, or through the nonimmigrant visa system by filing a K3 petition. A K3 petition will reunite you with your husband more quickly, but will process your status as an immigrant more slowly. A CR1 will take a little longer to process, but will greatly speed up the processing of adjusting status once it is approved.

Q. User asked - when is the next available appointment date for an interview?

A. Our current wait time is roughly 1-2 months, but this changes frequently. You should call our call center to book the next available appointment. You can find the number on the US Embassy or Virtual Consulate Davao Web-site. If you have a pressing need to go sooner, you can request an Early Appointment through the call center and fax your justification.

Q. User asked - Can an American citizen daughter (who just turned 21) living here in the Philippines petition her mother? What if the American daughter has just finished college and no work yet? What should she do? Would it be different if I had a domicile in the U.S. but no work yet - could I still petition my mom? From what I know I should have an income to support her in order for my petition to be approved

A. Any adult American citizen can petition a parent for an immigrant visa, regardless of their work status. The petition, too, must be able to prove that the petitioner has a residence in the U.S. or has an intent to gain a residence in the U.S. – you would need to demonstrate that your before you can successfully petition your mother. For income and financial support required for your mother, you may be able to use a co-sponsor or joint sponsor to file an Affidavit of Support.

Q. User asked - What about my physical presence in the U.S.? I live here in the Philippines. How long is the Physical presence required? Do I have to stay in the U.S that long before I could petition my mom?

A. Physical presence in this case is not a required amount of time, it is an intent. You can only petition your mother if your real intent is to stay in the US with her permanently for the foreseeable future.

Q. User asked - How long will it the process for a petition for my mother take to be approved?

A. The petition process for a parent of an American citizen typically takes between 1-2 years. However, then the petition is sent to our Embassy, and your mother will begin our interview process. The total length will depend on the unique circumstances of the case.

Q. User asked - If me and my American boyfriend get married in Davao, is it possible for us to come together to the US after the wedding? Because the visa will be issued here in the Philippines, how many times do I need to go to the US embassy in Manila, because I am a resident of Davao City?

A. Yes, if you are planning to live in the United States, he can petition for you if he is an American citizen or Legal Permanent Resident living temporarily in the Philippines. However, if you want to travel immediately for a short duration trip, you should apply for a tourist visa. Please be aware that it might be difficult to get such a visa, unless you can show you have overwhelming ties to the Philippines. If you are planning to immigrate permanently to the US after your marriage, your fiancé should apply for a K3 or CR1 visa for you. The fiancé visa can only be filed in the US. If your petitioner files for a spousal (CR1) visa, it takes roughly a year from start to finish. The number of trips you will have to take from Davao to Manila will be at least one, but depends on your personal situation. (Sometimes, the consul may request other information that you dont have with you at the time of the interview. Therefore, you may need to return.)

Q. User asked - how long after my fiancé files for a fiancé visa for me in the US, do I get my visa here? Will the US Embassy in Manila require me to submit documents or do I just need to fill up the forms required in the USCIS website?

A. You will need to submit documents, appear for an interview, undergo a medical examination, and fulfill other requirements. It typically takes between three months to a year after the petition is filed for you to enter the U.S.

Q. User asked – what is the difference between a K1 and K3 visa?

A. The K1 is filed for people who are not yet married, but plan to marry in the US. The K3 is filed for people who have already married in the Philippines.

Q. User asked - which takes longer to process, K1 or K3 Visa?

A. They both take about the same amount of time, once filed, three months to a year.

Q. User asked - We plan to marry in the US too after the Philippines. Can my fiancé
apply for the fiancé visa in the US now?

A. If you plan to marry in the Philippines, he should wait to apply for the K3 until he returns to the States.

Q. User asked - If we choose the fiancé visa we must first marry in the US. My question is can he apply for a fiancé visa for me in HK where I work for 7 years while I am on a 3-month vacation in the Philippines?

A. If you plan to marry in the US, he can file a fiancé petition for you as soon as tomorrow.

Q. User asked - the fiancée petition visa does not require us to meet first? Does it affect the K 1 Visa if I tell the US Embassy in Manila that my fiancé and I met only on the internet? When my fiancé and I do meet, would an earlier meeting guarantee earlier approval too?

A. USCIS requires that petitioners and applicants meet in person before the filing of K-1 petitions, although this requirement may be waived in some circumstances. Regardless of whether or not you have met you will need to show intent that you are engaged in a bona-fide marriage before the petition is approved. A significant number of our fiancée applicants met on the internet. There is no guarantee of approval and an earlier (or later) meeting will have no significant impact on the approval.

Q. User asked - how can I get a list of documents that the US Embassy in Manila will be asking from me? My fiancé will apply for a K1 Visa for me in January, and I want to prepare all the papers the embassy will need from me

A. Shortly before your interview, you will receive a communication from the Embassy listing all the required documents.