K-1curiousity

[~ChA-ChA~ 0]

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 =)

[nikolacolada 21]

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!

[BHK_Ren 11]

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!

[joyjohn 18]

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

Edited February 20, 2011 by joyjohn

[zachm611 3]

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.

[Inky 1,110]

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.

[Gary and Alla 3,694]

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.

[~happyndinlove~ 540]

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.

[~happyndinlove~ 540]

Double post removed.

Edited February 21, 2011 by ~happyndinlove~

[Tero 105]

Be sure you have proofs or your marriage (marriage certificate) before you file.

[jkelly07 120]

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.

[Aztec&Taino 144]

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!

[Channah&Aaron 51]

; Spouse Visa

[~ChA-ChA~ 0]

Thanx for all the infos given and shared. I really appreciate it. this site is really of great help.

[Tahoma 2,291]

Kaibigan...Best wishes for a speedy visa journey!