Can a citizen of the Philippines, widow of a German national, holding a residency card travel to the US without a visa?
I am a US citizen, contemplating marriage with a Filipina widow of a German citizen. She lives in Germany and has two minor children who are German citizens. Our intention is to live in Germany until the children reach the age of maturity (in five years). I have completed an application to reside in Germany.
I want to bring her here to visit my family and marry here as well. It is far easier to marry here than in Germany.
I sent an email to the US Embassy in Germany and got a response that did not address my question.
Obtaining a tourist visa for a Filipino is very difficult. If she can be granted entry based on her German residency it would help very much.
Best Answer
Residency status is not a qualification for the Visa Waiver program. The Visa Waiver program only applies to passport holders from the countries in the program, not residents.
Her approval for entry into the USA is based solely on her nationality as shown in her passport.
But the fact that she has German residency status, plus two dependent children residing in Germany, should be a beneficial aspect when her visa application is considered. If she owns the house they live in, has a reasonable financial situation and no brushes with the law, then getting a visa shouldn't be that difficult.
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Can I travel with a residence card?
A U.S. green card is not sufficient by itself as a travel document, though it is enough to get you back into the United States. You will, in fact, be expected to present your valid, unexpired green card upon reentry to the United States. (This is also known as a Permanent Resident Card or Form I-551.)Is foreign spouse allowed to enter Philippines?
Foreign spouses of Filipino citizens are allowed to enter the Philippines if they have a valid visa previously issued to them by the Bureau of Immigration. They do not need to obtain an entry visa from their port of origin.Does permanent residency count as nationality?
A permanent resident is someone who has been given permanent resident status by immigrating to Canada, but is not a Canadian citizen. Permanent residents are citizens of other countries. A person in Canada temporarily, like a student or foreign worker, is not a permanent resident.Can permanent residents enter Philippines?
If a Permanent Resident of the US, traveller may apply for a visa at the Philippine Consulate but must allow for 10 working days for the visa application. No visa required for a stay not exceeding thirty (30) days.ARGO: Can you apply for your U.S. visa outside of your home country? | Third Country National (TCN)
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Answer 2
The answer to your question is: No, she will need a visa.
Marital status and residency are not taken into consideration for visa waiver purposes. All that matters is the current nationality of the individual.
However, those other aspects are taken into consideration when applying for a visa so it would definitely help your case especially if you or she own property in Germany.
Make sure you indicate clearly the purpose of her visit on the application; and the fact that you intend to return back to Germany. The Nonimmigrant Visa for a Fiancé(e) K-1 is the visa type that best fits your situation.
Answer 3
If she's not a German citizen and if Filipinos require a visa to enter the United States, no, she can't enter the United States without a visa.
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