New at this, need some help

[littlemac 0]

Hi everyone - Mike here,

To give you a brief description I'm very new at this whole process. I'm from Maine and my counterpart is from the Philippines. We have been discussing the process of the CR1 visa and it all seems overwhelming. We are both very excited about it but have a lot of questions, so I'm looking forward to everyones expertise. We've been browsing this site and it seems to be the most informative. We are not married at this time but our plan is for next month, June 2011. Our questions as of right now are as follows:

- would it be more beneficial to get married in the US or the Philippines, or does it not matter? From what I can see that dictates where you file. Pros/Cons?

- She currently has a Multiple 10 US visa, would she have to change it and if so I would assume she would keep her M 10. Is that true? If so, can she still use her Multiple 10 Visa while the CR1 is being processed to go in and out of the US?

- After the CR1 is issued I would also assume she can go back to the philippines to visit. Are there any restrictions?

- Is there a benefit to go the K1 visa instead? Is it a shorter processing time or is it more beneficial to go right to the CR1?

If there is any other pertinent information you feel necessary it would really help us. Again, we are so new at all of this and are looking for help. Thank you all in advance and I look forward to this discussion.

-Mike

Edited May 13, 2011 by littlemac

[Done--Really 331]

Start here for an overview, and then you can start to zero in on what makes the most sense and we can all have a more focused discussion.

http://www.visajourney.com/content/compare

[littlemac 0]

Thanks magical, very helpful information. From the looks of that page the CR1 is even quicker than the K3 or K1 and has a lot more benefits. The only downside that I see is that she may not be able to enter the US while the CR1 is being processed. True?

[Ryan H 3,790]

Hi Mike, welcome to VJ!

- She currently has a Multiple 10 US visa, would she have to change it and if so I would assume she would keep her M 10. Is that true? If so, can she still use her Multiple 10 Visa while the CR1 is being processed to go in and out of the US?

- After the CR1 is issued I would also assume she can go back to the philippines to visit. Are there any restrictions?

Since the visa is still valid, she can use it while a CR-1 petition is processing, however, it's ultimately up to CBP if she is allowed entry to the US or not.

With a CR-1 visa, she will be issued a green card on entry. She can go back to the Philippines to visit.

[littlemac 0]

Thanks Ryan!

From that comparison chart it also looks as if it doesn't matter where we get married, as long as it's recognized. In other words, I could get married in the Philippines and still file in the US?

[Ryan H 3,790]

One thing about the K3, when an I-129F after the NOA1 for the I-130, the two petitions will be tied together by USCIS. They are approved at the same time and sent to the NVC at the same time. When the NVC receives the two petitions, the NVC will administratively close the I-129F for K3 leaving only the I-130 for CR-1 active.

There have been a few posts recently that a I-129F arrived at the NVC ahead of the I-130, however, it's too early to tell if it's a trend or an anomaly. I usually tell people to not bother with the K3.

[Ryan H 3,790]

In other words, I could get married in the Philippines and still file in the US?

That's exactly what you would do.

[littlemac 0]

Ryan, I see you switched courses from a K1 visa and went the CR1 route. Is there a reason for that? The K1 seems to be a shorter processing time, but doesn't get the full status of the CR1 and she would have to apply for the Work Permit.

[lovelyjoy 13]

- She currently has a Multiple 10 US visa, would she have to change it and if so I would assume she would keep her M 10. Is that true? If so, can she still use her Multiple 10 Visa while the CR1 is being processed to go in and out of the US?

LittleMac -> once her CR1 or K1 visa gets approved her Tourist (B1) Multiple 10yr visa will be removed/invalid. A person can only have 1 type of visa. I happen to have a 10yr Multiple Tourist visa too, but we're going the K1 route.

Edited May 13, 2011 by lovelyjoy

[Done--Really 331]

The initial processing of a K-1 is a little bit quicker, but then there is a whole new cycle of paperwork after you are married, and lots more money, and she can't work (if she wants to) until several months after you are married here--and it MUST be here if you go the K-1 route, so her family most likely wouldn't be able to attend.

Since she has a current visa, it is possible--but not guaranteed--that she could be here while you wait for the CR-1 to be processed and she would return home after six months assuming she was granted the normal 6-month stay. In that way you could be together for a major part of the processing.