Do I need a certified marriage certificate?

[Odds_On 0]

Hello Everyone,

I have read this site for a while now but this is my first post. It was a great resource in learning of the steps for filing a visa application.

I have a couple of questions that are all sort of tied together. I am a US citizen with a Filipina wife and here is a little background. We originally filed for a K1 visa but during the processing her father suddenly passed away less then a week after we got the NOA2 and approval notice. A few weeks after his death we got the interview packet from the embassy. As a result of her fathers passing my fiance (at the time) wanted to spend time with and care for her mother. After mourning this tragic loss my fiance decided she would like to marry in the Philippines so her mother could be at the ceremony. Understanding there would be a delay in her coming here we canceled the interview and got married in Manila. As luck would have it more then memories got made on our honeymoon and we just found out that my wife is pregnant with our first child. We are ready to file a K3 application followed by a I-129f to bring her over a bit sooner.

Now here are my questions:

1. Do I need a certified marriage certificate from the NSO or can I use the marriage certificate issued from the city hall to file the I-130 for a K3?

2. How does her being pregnant affect the process? What happens if she gives birth before the K3 I-129 visa approval? Do I need to file the paperwork for the unborn child?

Any direction or advise on this would be appreciated.

[ANGKANO 1]

Hello Odds,

Congrats on the pregnacy. You should have sent an NSO copy of the Marriage Cert with your I-130 & your I-129f.The local cert doesn't wash.As far as the baby is concerned get a CRBA(Consular Report of Birth Abroad) after the baby is born and your wife has the cert of birth. If the baby has the CRBA & U.S. passport he/she wont have to be involved in the visa process,for the most part.I am going back to Manila July 2 for our appt at the embassy for CRBA.I will post about it as soon as we get thru it.Good luck

[edp333 9]

1. We sent in a notary copy of the Marriage Certificate from the Local Civil Registry for the I-130. You will definately need the NSO copy for the USEM interview and other instances like AOS.

2. You will need to send in the proper paper work to USEM get a passport for the child. The child will be a US Citizen even if born in the Phils, but you must file the correct forms with USEM..

Edited May 31, 2008 by edp333

[pushbrk 12,162]

Hello Everyone,

I have read this site for a while now but this is my first post. It was a great resource in learning of the steps for filing a visa application.

I have a couple of questions that are all sort of tied together. I am a US citizen with a Filipina wife and here is a little background. We originally filed for a K1 visa but during the processing her father suddenly passed away less then a week after we got the NOA2 and approval notice. A few weeks after his death we got the interview packet from the embassy. As a result of her fathers passing my fiance (at the time) wanted to spend time with and care for her mother. After mourning this tragic loss my fiance decided she would like to marry in the Philippines so her mother could be at the ceremony. Understanding there would be a delay in her coming here we canceled the interview and got married in Manila. As luck would have it more then memories got made on our honeymoon and we just found out that my wife is pregnant with our first child. We are ready to file a K3 application followed by a I-129f to bring her over a bit sooner.

Now here are my questions:

1. Do I need a certified marriage certificate from the NSO or can I use the marriage certificate issued from the city hall to file the I-130 for a K3?

2. How does her being pregnant affect the process? What happens if she gives birth before the K3 I-129 visa approval? Do I need to file the paperwork for the unborn child?

Any direction or advise on this would be appreciated.

You've got your answer about the marriage certificate but filing an I-130 is the petition that can result in a CR1 or IR1 immigrant visa. The I-129F is the petition when filed for a spouse that can result in a K3 visa. Neither is an application but when a petition is approved, its beneficiary may apply for the approapriate visa.

You'll want to check timelines very closely and weigh your options before electing K3 over CR1, then make a fully informed decision. Faster is not always better or even faster.

[Odds_On 0]

Thanks to everyone for the quick responses. I have not yet submitted the K3 application since we were waiting on the NSO certified version. I will go ahead and file with certified mayor's office copy since it sounds like that was enough to get the NOA1.

[Marlita 0]

hello,

1. I used the ceremony certificate for our I-130. it worked just fine. Some other VJ'ers told me to do it cause I didnt have the official cert yet. I didn't get an RFE. I would obtain the official cert asap cuz knowing USCIS they may or may not want to see it.

[pushbrk 12,162]

Thanks to everyone for the quick responses. I have not yet submitted the K3 application since we were waiting on the NSO certified version. I will go ahead and file with certified mayor's office copy since it sounds like that was enough to get the NOA1.

And you never will submit a K3 application. The US Citizen submits petitions. Once a petition is approved the foreign spouse can submit the associated visa application. Time to learn and use the correct terminology to avoid confusing others.