Overseas Worker/K-1 Question

[Howard]

Hi Guys

First of all... Life couldn't be better!!!  Gerlie and I get closer every day and are having a blast settling in to married life

I am a lucky man!!!

Anyway... I have a friend that has met a Filipina OCW in Vancouver.  She has been in Hong Kong for the last 10+ yrs working and got a contract in Vancouver 4 months ago.  My buddy feels he has found a real gem here and is very in love with her.  He came to me asking how everything will go down.

With my limited expirience, I told him that I was pretty sure that she would have to go back to Mainla for her interview no matter what visa he applied for.

Is there any way for her to immigrate from Vancouver?  He is willing to marry her in Vancouver, but I get the feeling he is trying pretty hard to avoid travelling to the Philippines.  

Would meeting her in Vancouver satisfy the "meeting in person" criteria?

I figure at best, he may be able to avoid flying to the Philippines, since he met her in person in Vancouver, but that seems kinda weak.

Realisticly, I'm thinkin' she will have to go back for a while to do her interview and that he will have to meet her in the Philippines as well.

Any thoughts are appreciated

Hope all is well with you and yours

Keep the Faith!

H

[Howard]

... in response to Overseas Worker/K-1 Question, posted by Howard on Jun 8, 2005

asfd

[Felinessa]

... in response to Overseas Worker/K-1 Question, posted by Howard on Jun 8, 2005

If I'm correct, she's there on a work visa, right? The first thing she could do is look for work and comfortably extend her work visa.  Secondly, after they get married in Vancouver, she could apply for landed immigrant (permanent resident) status as a skilled worker.  To qualify as a skilled worker, you must pass a test which asks about education, how long you've worked in Canada, if you have family or a spouse, etc.  Someone with at least a BA, with Canadian work experience, AND a Canadian spouse has very good chances to be processed rapidly.  In addition, Canada is becoming a bit more lenient in its immigration laws, so, after a year or so, she could become a Canadian resident.  In a few more years, she would qualify for citizenship.

Now if your buddy is American, that would definitely complicate things.  I guess that if he wants to avoid Manila that badly, he too could apply for Canadian residency (they could apply as a family).  That would help her application.  That only works if both of them plan to be in Vancouver for a few years.  Bringing home a Canadian fiancée will probably a lot easier too.

If they need to act fast, though, I honestly don't know.

[Bob S]

... in response to Overseas Worker/K-1 Question, posted by Howard on Jun 8, 2005

Following up on what Ray said, here it is from the Immigration Services web site:
http://uscis.gov/graphics/howdoi/fiance.htm
"You must also have met with your fiancé(e) in person within the last two years before filing for the fiancé(e) visa. This requirement can be waived only if meeting your fiancé(e) in person would violate long-established customs, or if meeting your fiancé(e) would create extreme hardship for you."

I-129F.pdf
"Provide copies of evidence that you and your fiancé(e)
have personally met within the last two years..."

So if they have photos (preferably date-stamped) that they were in the same place at the same time, that would work.  Lacking that, photos of them together plus evidence of travel to the same place at the same time (any ticket stubs with date and time?) would work well.

Don't forget visa photos when they are getting ready to file.  Heck, the receipt from a photo shop can prove they were together.
http://uscis.gov/graphics/howdoi/fianceapp.htm
"One color photo of you and one of your fiancé(e) taken within 30 days of filing (please see Form I-129F for more instructions on photos)."

[Ray]

... in response to Overseas Worker/K-1 Question, posted by Howard on Jun 8, 2005

Hi Lucky Man,

The requirement for meeting in person can be satisfied anywhere on the planet, including Vancouver.

She can process her visa for either fiancée or spouse in Canada. There is no requirement for her to go back to Manila to interview for a visa. They should check with a U.S. Consulate in Canada for procedures.

My personal opinion: If he has never been to the Philippines, then he should spend some time there. How the hell is he ever going to even begin to understand her culture unless he makes some trips overseas? Doesn’t she want him to meet her family and ask her parents for permission to marry her? Also, did you mean that he just met her within the last 4 months? That isn’t long enough to make a decision to marry IMHO. Tell him to slow down!

Ray

[Howard]

... in response to Re: K-1 Question, posted by Ray on Jun 8, 2005

Ray,

Thanks bro, I knew you'd know the score

He has met her family.  They are ALL OCW's in Vancouver! hahahahahhahaha  Too funny, eh?

They have known each other for two years and have already met in person in Vancouver.

I agree with you completely, everyone should visit the Philippines!  I have and will give that advice as well

Thanks Bro

Keep the Faith

H

[Ray]

... in response to Re: Re: K-1 Question, posted by Howard on Jun 8, 2005

A whole family of OCW's? Wow! At least they won't have to send money home to the Phils :-)

Since they have known each other for two years and he has met the family, they have my blessing. Why not get him to join the forum? Maybe he has some jokes that are better than Stephen's...

Ray

[Stephen]

... in response to Re: Re: Re: K-1 Question, posted by Ray on Jun 8, 2005

No way that anybody here has any better jokes than I do.

Stephen