which one is best for my situation k1,cr1, or k3?

[taffy681 0]

Hello, everyone, I'm a U.S. Citizen wanting to petition my current girlfriend. We have been in a relationship for 5 months now and she's from the Philippines but currently works in Algeria. We are planning to go in the Philippines' next year to spend time together and possibly get married there so i can start to file for a petition. Another thing is i had a previous k1 marriage that didn't work out. We are separated for 2 yrs now and I just recently got my divorce papers and my ex does not live in the US anymore. The question is should i try the k1 visa again for my new girlfriend or is it better to do cr1 or k3 visa? What is the difference between cr1 and k3? Does having a failed k1 marriage going to be an issue? i want the fastest and best path for us to be together. Thank you.

Edited December 23, 2016 by taffy681

[Ben&Zian 4,397]

K3 basically is not used, so if you were to marry it would be a CR-1.

A failed K-1 marriage does not mean you would be denied. You are also out of the 2-year window, so you could file again for a K-1 with no issues.

The question really is what type of visa would you prefer? Get married and file for a spousal visa or try again with a K-1.

The "fastest" still would be filing the I129F petition for the K-1. So as long as you both meet the requirements(single and able to marry and meet within previous two years), which is sounds like you will when you file, then you should be fine.

[Ash.1101 1,755]

We are planning to go in the Philippines' next year to spend time together and possibly get married there so i can start to file for a petition.

Well, if you're planning on getting married in the Philippines and THEN filing, K-1 is out of the question. K-1 is for unmarried peoples who intend on marrying within the US. Your option will be CR-1 once you are married.

And no, a prior K-1 should not hurt you.

Edited December 23, 2016 by Ash.1101

[Unlockable 7,306]

Forget K3. It is obsolete and no benefit to it.

As long as your divorce is final it will not have an affect on future K1's.

If you marry in the PHL, you MUST file a spousal visa.

Pros, cons, and differences of K1 and CR1 ... http://www.visajourney.com/content/compare

Edited December 23, 2016 by NuestraUnion

[geowrian 22,335]

The prior K1 shouldn't be an issue. Since you are out of the 2 year window, you will not need a waiver.

If you are married at the time of filing, then you should file an I-130 for a CR-1.

K1 is for unmarried couples only.

K3 technically still exists, but the vast, vast majority of times they are administratively closed anymore. I wouldn't recommend this route.

[DaveSana 13]

Agree with previous responses, with the additional note -

If you want the FASTEST way to be together -

If you can manage/afford to stay resident in the Philippines for 6 months, you could qualify for direct consular filing (DCF) and possibly have her spousal visa in one month or so.

You would get married - wherever you like - and file DCF for a CR1 spousal visa at the US Embassy.

That is the quickest.

Dave

[Pitaya 2,576]

~Moved from IR1/CR1 Process to What Visa Do I Need Forum~

[taffy681 0]

K3 basically is not used, so if you were to marry it would be a CR-1.

A failed K-1 marriage does not mean you would be denied. You are also out of the 2-year window, so you could file again for a K-1 with no issues.

The question really is what type of visa would you prefer? Get married and file for a spousal visa or try again with a K-1.

The "fastest" still would be filing the I129F petition for the K-1. So as long as you both meet the requirements(single and able to marry and meet within previous two years), which is sounds like you will when you file, then you should be fine.

We just met 5 months ago and it will be our first time together when we go to the philippines next year. Will that be an issue?

Agree with previous responses, with the additional note -

If you want the FASTEST way to be together -

If you can manage/afford to stay resident in the Philippines for 6 months, you could qualify for direct consular filing (DCF) and possibly have her spousal visa in one month or so.

You would get married - wherever you like - and file DCF for a CR1 spousal visa at the US Embassy.

That is the quickest.

Dave

So do i file the spousal visa at the US embassy in the philippines? how soon can i file the petition after getting married?

Edited December 23, 2016 by taffy681

[EM_Vandaveer 2,364]

We just met 5 months ago and it will be our first time together when we go to the philippines next year. Will that be an issue?

So do i file the spousal visa at the US embassy in the philippines? how soon can i file the petition after getting married?

You'd need to live in the Philippines for 6 months first in order to be able to file there.

If you haven't met in person yet then you cannot file for anything yet.

[DaveSana 13]

Again, I agree with the earlier postings -

The sponsor must reside in the Philippines for 6 months to qualify for direct consular filing (DCF).

(It does not matter where the beneficiary is from or lives.)

Satisfying the sponsor's "residency" requirement is critical. So, research that.

You can be married as short a period as you like before you apply.

You could apply for the CR1 visa the day you get the official marriage certificate, for example.

If you aim for DCF, and decide to move to the PH, that puts the two of you TOGETHER, which is good for both of you, as a couple, in general, of course.

It is also good for your application because time together supports the concept of a bona fide relationship.

Hope this is helpful.

Dave

Edited December 24, 2016 by DaveSana

[DaveSana 13]

Research DCF.

Yes, you apply solely to the Embassy in Manila.

You send nothing by mail to any office in the US.

The US sponsor submits the I-130 Petition for Alien Relative in person at the Embassy in Manila:

https://www.uscis.gov/i-130

Took us 15 mins to submit it.

The beneficiary need not accompany you, though it might be helpful, if you missed something on one of the forms/documents.

(You get the chance to amend your document there.)

You will also have the interview at the Embassy in Manila, of course.

Your spouse's visa will serve as a temporary green card immediately upon arriving in the US, which means she can work, etc. in the US immediately.

No Adjustment of Status involved later on; just a removal of conditions for CR1 visa holders just before the end of the first two years of being in the US.

Dave

Edited December 24, 2016 by DaveSana

[ShanghaiSurfer 135]

To clarify on his question about DCF:

On the DCF, can you file the day after you get married? Or does the consulate want you married for a certain time period? Would being married a short time look bad?

We've been together for over 4 years and have known each other for over 8 years.

[NikLR 13,220]

To clarify on his question about DCF:

On the DCF, can you file the day after you get married? Or does the consulate want you married for a certain time period? Would being married a short time look bad?

We've been together for over 4 years and have known each other for over 8 years.

The only requirement for DCF beyond marriage is the length of time living in the DCF available country. The Philippines requires the petitioner (USC) to have lived in the Philippines for 6 months. As the OP is not married yet, 6 months is about how long it takes at the USCIS stage. DCF can take a few weeks to several months. The timeline foe the OP is only slightly shorter via DCF and requires proof of domicile. Current income also comes into question as that point too.