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K-1curiousity

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Im just wondering and if anyone could pls advice. My husband and i got married in philippines last year. Are we still considered fiance/e in the eye of US law even if we got married in PI already? Are we eligible for the k1 visa or should have filed spouse visa instead? Thanx for the help and answers in advance =)

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It's my understanding that if you've already gotten married than in the eyes of the US you are already married and you need to file a spousal visa since you have a spouse not a fiance. In fact, one of the requirements of a k1 visa is that you are eligible to marry, if you're already married you aren't eligible! :)

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Im just wondering and if anyone could pls advice. My husband and i got married in philippines last year. Are we still considered fiance/e in the eye of US law even if we got married in PI already? Are we eligible for the k1 visa or should have filed spouse visa instead? Thanx for the help and answers in advance =)

If you are legally married, then you are not engaged to be married. If the marriage ceremony was only for religion or for location (having a ceremony on a beach, for instance) but not legally done, then you are still only engaged. In many countries, a marriage must be legally documented and the ceremony must be performed in front of witnesses and certified by an individual with civil authority. In the U.S., most pastors or other clergy are given civil authority to officiate marriage ceremonies, but I know that in other countries, clergy do not have this authority.

So, I would say it depends on what you mean by "got married," but a rule of thumb would be to say that if you need to be legally divorced before you could marry someone else, then you are legally married and should not file for K-1.

K-3 may be an option, however.

Good luck!

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i married my sweety in the phillipines too and we filed a IR-1/CR-1. we are married>>>>> :yes:

Edited by joyjohn

12/22/2010...married my soulmate,in tagaytay city.


USCIS...
01/28/2011...mailed I-130 to chicago Lockbox.....The journey begins
01/31/2011...receive I-130
02/05/2011...get a e-mail notice of NOA-1...states case transferred to CSC
02/08/2011...check clears my bank
02/10/2011... rec. hardcopy NOA-1 in mail...priority date..01/31/2011.....sit back relax and ride this slow mule!!
02/14/2011... touched ( it must have fallen on the floor )..hehe
05/12/2011...NOA-2 OMG...98days u kidding me!!!!!!!

NVC......

05/26/2011... finally got NVC case number...
05/28/2011... receive DS-3032 in e-mail/e-mailed the DS-3032 back
05/28/2011... receive AOS fee bill/ and paid online.
06/01/2011... AOS fee bill shows paid.
06/02/2011... DS-3032 accepted
06/03/2011... IV-bill generated and sented by e-mail
06/04/2011... Paid IV fee bill/ in progress
06/07/2011... IV fee bill showed paid/ downloaded cover sheet
06/08/2011... Express mail both the I-864(AOS) and DS-230
06/09/2011... Confirmed del at 11:10am signed by N visa center.
06/21/2011... SIF...yea!!! called NVC..yes case complete but no interview dates until aug..rats!!
06/28/2011... issured interview date set for 08/08/2011 At 6:30am.
07/12&13/2011... medical
YEA SHE PASSED MEDICAL

08/08/2011... interview approved!!!
08/19/2011...usa/arkansas.....

ROC

05/23/2013... mailed I-751 to Vermont

05/25/2013...delivery confirm received

05/30/2013...check cleared bank

06/01/2013...rec. NOA1 (receipt date 05/28/2013)

06/24/2013... biometrics appointment

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I married my wife in philippines as well though she is working in canada right now. We filed for cr1 visa and its process is almost done the whole process has really only taken 5 months so far and we are hoping to have an interview in april. Good luck chose cr1 over k3! Benefits way outweigh what k3 has to offer as its went so fast already.


USCIS

09/15/2010 - I130 Submitted

09/17/2010 - I130 Delivered (USPS Delivery Confirmation)

09/21/2010 - I130 USCIS Received I130 Email & Text

09/24/2010 - Form I-797C Received NOA1 Letter

12/20/2010 - Form I-797C Recieved NOA2 Petition Has Been Approved! (87 Days Since NOA1)

NVC

12/28/2010 - Case number and IIN generated

12/29/2010 - DS-261 Submitted (Online Choice of Agent) Submitted

12/30/2010 - AOS fee paid

01/07/2011 - IV fee paid

01/14/2011 - DS-260 Completed (Online IV Application)

01/24/2011 - AOS Package Received (Stupid snow storm delayed it)

01/27/2011 - Civil Documents for DS-260 received

02/01/2011 - Re Submitted DS-260 (Wrong number entered as Beneficiary ID)

02/10/2011 - AVR Says RFE for civil documents (False RFE, just had to wait for wife's package to be reviewed)

02/14/2011 - Sign In FAIL!

02/15/2011 - Case Complete!!!!

03/01/2011 - Interview Date Assigned (well 1:18am on March 2 best wake up ever!)

US CONSULATE - MONTREAL

03/23/2011 - Medical - Complete PASSED!

04/08/2011 - Interview

00/00/2011 - Visa Received

00/00/2011 - POE

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A legal Marriage is a legal marriage.

If you already filed the K-1 i'm sorry you wasted your money. You will have to cancel the K-1 and file for a CR-1, starting from the beginning with new payment new forms etc.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Im just wondering and if anyone could pls advice. My husband and i got married in philippines last year. Are we still considered fiance/e in the eye of US law even if we got married in PI already? Are we eligible for the k1 visa or should have filed spouse visa instead? Thanx for the help and answers in advance =)

Spouse visa. If you are married you cannot file for the K-1.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Im just wondering and if anyone could pls advice. My husband and i got married in philippines last year. Are we still considered fiance/e in the eye of US law even if we got married in PI already? Are we eligible for the k1 visa or should have filed spouse visa instead? Thanx for the help and answers in advance =)

CR-1 is the only option you've got. K-1 is a non-spousal visa.

K-3 may be an option, however.

This is not an option as it is obsolete and administratively closed.


Immigration Timeline Summary

10.21.2008 – CR-1 Visa Application Filed (By Hubby's Sec)
09.04.2009 – Visa Interview | Passed
09.10.2009 – Visa Packet Received
09.17.2009 – US Entry | Home
07.05.2011 – ROC Petition Filed
05.01.2012 – ROC Approved (No Interview)
05.18.2012 – 10-year GC Received
06.19.2012 – Eligible to apply for Naturalization
(procrastinated)
06.24.2013 – N-400 Application Filed
09.30.2013 – Civics Test / Interview | Passed
10.03.2013 – Oath Taking Ceremony | Became a USCitizen!
04.14.2014 – Applied for "Expedite Service" Passport (as PI travel date was fast approaching)
04.16.2014 – Passport Issued & Shipped
04.17.2014 – US Passport Received

Our timeline vanished into thin air.

I've contacted the admin several times but I got zero response.

https://meiscookery.wordpress.com

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Double post removed.

Edited by ~happyndinlove~

Immigration Timeline Summary

10.21.2008 – CR-1 Visa Application Filed (By Hubby's Sec)
09.04.2009 – Visa Interview | Passed
09.10.2009 – Visa Packet Received
09.17.2009 – US Entry | Home
07.05.2011 – ROC Petition Filed
05.01.2012 – ROC Approved (No Interview)
05.18.2012 – 10-year GC Received
06.19.2012 – Eligible to apply for Naturalization
(procrastinated)
06.24.2013 – N-400 Application Filed
09.30.2013 – Civics Test / Interview | Passed
10.03.2013 – Oath Taking Ceremony | Became a USCitizen!
04.14.2014 – Applied for "Expedite Service" Passport (as PI travel date was fast approaching)
04.16.2014 – Passport Issued & Shipped
04.17.2014 – US Passport Received

Our timeline vanished into thin air.

I've contacted the admin several times but I got zero response.

https://meiscookery.wordpress.com

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if your legally married and have a documented marriage certificate,you can file as married 1-130-1R-1/CR1 it takes about 8 to 10 months, and you get your permanent resident card, social security card you can work,-the k-1 visa you can't use if your already married,the k-3 is no longer in use,closed.

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Im just wondering and if anyone could pls advice. My husband and i got married in philippines last year. Are we still considered fiance/e in the eye of US law even if we got married in PI already? Are we eligible for the k1 visa or should have filed spouse visa instead? Thanx for the help and answers in advance =)

If your marriage in the Philippines is considered legal (not only a religious ceremony), then in the eyes of US law you are married. Therefore, the fiance(e) visa is no longer an option. The US citizen needs to file the I-130 form to petition for a CR1 visa and petition for you as a spouse. A copy of your marriage certificate needs to be included in the packet along with an English translation.

Best wishes! (F)


August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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; Spouse Visa :thumbs:


holland-flag-44.gifunited-states-flag-88.gif

heart-119.gif August 28th, 2011: Wedding heart-119.giflove-182.gif

AOS
August 31th, 2011: applied for SS#
September 6th: received SS#
September 26th, 2011: AOS sent
September 30th, 2011: NOA1
October 6th, 2011: NOA1 hard copy
October 26th,2011: Biometrics
October 28th, 2011: case transferred to California for faster processing
December 5th, 2011: received EAD/AP card
February 22nd, 2012: Green card in production
February 27th, 2012: GREEN CARD in hand, yaaay!!!




November 10th, 2013: ROC

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