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How to file for a new visa after a 2 year Home Residency is completed? Any forms to fill out? Fees?Possible reason for denial?

Orlando, FL |

Im under J-1 and I have another year to stay here in the Philippines. My wife for 5 years now is a US citizen. I-130 is approved prior to leaving the US last May, 2013. Application for a hardship and NOS waivers were denied so I returned to the Philippines. I would like to appear before a consul next year. Any advise is appreciated.

Attorney Answers 6


  1. Best answer

    You will need to document that you actually spent two years in the Philippines before the Embassy on Roxas Blvd. will consider you for an immigrant visa.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. Your wife should have receive a detailed package from the NVC concerning the "next step" and what is required to file for an "immigrant visa" in Manila. But maybe did not receive any such package because instead of 'consular processing" adjustment of status in the US was specified. Irrespective of that you should check that I-130 approval notice and see what it contains. You need to wait another year in the Philippines anyway, you can then apply for the Immigrant visa based on that I-130's approval. Ask your wife to hire an experienced lawyer on your behalf, otherwise it is not one additional year but maybe even 2-3 more that you will be spending in the Philippines, and by that time, your "wife" may no longer want to be your wife no more..

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. The same way you would have, had you not had any HHR to complete.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  4. Your wife should have received notice from the National Visa Center on the next steps. If not she needs to contact CIS to learn and have the petition sent to the NVC.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


  5. You need to make sure your approved I-130 is still pending with the National Visa Center. You will then need to complete all of the required forms and provide the necessary documents to the National Visa Center, after which you will be scheduled for an interview at the consulate for your immigrant visa. You will also need to have proof of your residence in the Philippines for the past 2 years. Your wife can always work with a knowledgeable immigration attorney to complete the process on your behalf.


  6. In addition to the packet of instructions your wife received from the NVC you will need to present evidence that you have been in the Philippines for the last two years.

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