CR-1 or K-1 - your advice

[tsan 0]

Hi guys

This is my first post- let me say this forum is awesome.

My name is Ross, I am 26 and so is my girlfriend. I think we are very close to getting engaged (malapidd na), and I am trying to do my homework to make sure we have as smooth a process as possible and also apply for the right type of visa. I'm really thankful that I have spent the last two years getting to know her, and I believe the way we met was planned by God. i have read / heard the horror stories of people just trying to get green cards, etc., and I feel bad for those broken hearts.

We met in august of 2009 while I was working here for 4 months. I left in December of 2009 and visited here twice in 2010 for personal trips to see her. Now, I am back living in Manila right now, and will for the next year + (March 2011 - October 2012). We applied for a visitor's visa (B1) in December of 2009 a few days before I left the first time and she was denied for lack of strong ties. She is young, has a customer service job and no businesses, etc.

With that said, I do not foresee the K1 route being easy because she does not have strong ties.

Therefore I believe getting married here an applying would be the best option (also personally because I want her to have the wedding of her dreams here and my parents and brother can fly over).

I am trying to understand what I can expect for CR-1 processing times and if my affidavit of support will be valid if I am here in Manila. What constitutes your "residence" ?

1) Do you agree CR-1 is the best option for us?

2) How long will CR-1 processing take through Manila Consulate

3) Will my Affadavit of support be valid if my residence is here in the Philippines

4) Any other advice?

Thanks in advance

God Bless

[Ryan H 3,795]

With that said, I do not foresee the K1 route being easy because she does not have strong ties.

The issue of "strong ties" is irrelevant for a K1.

Depending on what type of visa you entered the Philippines with, you may be eligible to file the I-130 at the USCIS field office in Manila since you will have been living there for 6 months as of this September. Based on what other people of posted, filing overseas takes significantly less time versus filing stateside.

When filing overseas, you will need to show that you have a US domicile and if your income is not sufficient, a joint sponsor will be required.

Edited August 19, 2011 by Ryan H

[extremerecluse 32]

Hi guys

This is my first post- let me say this forum is awesome.

My name is Ross, I am 26 and so is my girlfriend. I think we are very close to getting engaged (malapidd na), and I am trying to do my homework to make sure we have as smooth a process as possible and also apply for the right type of visa. I'm really thankful that I have spent the last two years getting to know her, and I believe the way we met was planned by God. i have read / heard the horror stories of people just trying to get green cards, etc., and I feel bad for those broken hearts.

We met in august of 2009 while I was working here for 4 months. I left in December of 2009 and visited here twice in 2010 for personal trips to see her. Now, I am back living in Manila right now, and will for the next year + (March 2011 - October 2012). We applied for a visitor's visa (B1) in December of 2009 a few days before I left the first time and she was denied for lack of strong ties. She is young, has a customer service job and no businesses, etc.

With that said, I do not foresee the K1 route being easy because she does not have strong ties.

Therefore I believe getting married here an applying would be the best option (also personally because I want her to have the wedding of her dreams here and my parents and brother can fly over).

I am trying to understand what I can expect for CR-1 processing times and if my affidavit of support will be valid if I am here in Manila. What constitutes your "residence" ?

1) Do you agree CR-1 is the best option for us?

2) How long will CR-1 processing take through Manila Consulate

3) Will my Affadavit of support be valid if my residence is here in the Philippines

4) Any other advice?

Thanks in advance

God Bless

If you are a resident their, why not do a CR-1 through the embassy? All is the same but for the time it takes to process (1/2).

[tsan 0]

The issue of "strong ties" is irrelevant for a K1.

Depending on what type of visa you entered the Philippines with, you may be eligible to file the I-130 at the USCIS field office in Manila since you will have been living there for 6 months as of this September. Based on what other people of posted, filing overseas takes significantly less time versus filing stateside.

When filing overseas, you will need to show that you have a US domicile and if your income is not sufficient, a joint sponsor will be required.

Thank you Ryan - I guess I was misinformed, I read that K-1 visa is still a "non-immigrant" therefore you must still prove she does not intend to immigrate by showing strong ties.

It sounds like I need to give the USCIS field office a call and run through my options. I entered on a multiple-entry work visa.

If you are a resident their, why not do a CR-1 through the embassy? All is the same but for the time it takes to process (1/2).

Interesting. OK. this is great to know! Should I expect 3 months, 6 months ?

Congrats on your wedding

[Mandy_Amro 3]

Hi! Do a CR1 visa! Its much cheaper and you dont have to adjust status. (get green card and work authorization right away) see here: http://www.visajourney.com/content/compare

Also, You must check to see if ther is a USCIS office in the Philippines. If not, as of Aug 15th, 2011 you cannot file directly at the embassy. see this link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2b2a3e70369ff210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

If your there marry her. It will be much less hassle and money in the long run. I don't know if they are going to consider your earnings in the Philippines when they look at support. My guess is no, and you'll need a co-sponser. They look to see you can support here in the US.

Edited August 19, 2011 by Mandy_Amro

[tsan 0]

Hi! Do a CR1 visa! Its much cheaper and you dont have to adjust status. (get green card and work authorization right away) see here: http://www.visajourney.com/content/compare

Also, You must check to see if ther is a USCIS office in the Philippines. If not, as of Aug 15th, 2011 you cannot file directly at the embassy. see this link: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2b2a3e70369ff210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

If your there marry her. It will be much less hassle and money in the long run. I don't know if they are going to consider your earnings in the Philippines when they look at support. My guess is no, and you'll need a co-sponser. They look to see you can support here in the US.

: ) woo hoo! there's a USCIS office here.

thanks this is extremely helpful.

I get paid in american greenbacks to my US account so I don't think that will be a problem, if not I'll ask my father.

[Ryan H 3,795]

(deleted)

Edited August 19, 2011 by Ryan H

[Ryan H 3,795]

I read that K-1 visa is still a "non-immigrant" therefore you must still prove she does not intend to immigrate by showing strong ties.

It is true that a K1 is a non-immigrant visa (hence the need for Adjustment of Status to obtain a green card), however, the very nature of the visa is immigrant intent which is why they are only issued by immigrant visa units.

Moving on, my suggestion to you is to marry in the Philippines and pursue the CR-1. As you already said, check with the field office in Manila and find out if you are eligible to file the I-130 through that office.

Edited August 19, 2011 by Ryan H

[len ben 12]

I would say get married here and since you're going to stay here for more than 6 months you have the option to file DCF which is filing paperwork locally in Manila US embassy. took us 130 days to get my visa from the date of filing (which is March 9, 2011 - July 18, 2011).

[JoannaV 173]

Since you are currently in the country I would definitely root for the CR-1 :-)

If your current source of income will be continuing when you return to the US then yes you can count it. Otherwise no, and you will need a co-sponsor. If you didn't know already, you will need to be earning at least $18,387.

[tsan 0]

I would say get married here and since you're going to stay here for more than 6 months you have the option to file DCF which is filing paperwork locally in Manila US embassy. took us 130 days to get my visa from the date of filing (which is March 9, 2011 - July 18, 2011).

thanks man!

[jen1217 5]

I would say get married here and since you're going to stay here for more than 6 months you have the option to file DCF which is filing paperwork locally in Manila US embassy. took us 130 days to get my visa from the date of filing (which is March 9, 2011 - July 18, 2011).

Wow that was fast! so you're sayin it is better to file here in Manila? hmmm... I should have known that, or do my hubby need to stay here for at least 6 months or so for him to do that filing?

[Mandy_Amro 3]

Wow that was fast! so you're sayin it is better to file here in Manila? hmmm... I should have known that, or do my hubby need to stay here for at least 6 months or so for him to do that filing?

Yes, the US petitioner must have established residency in the foreign country to DCF (direct counselor file) I believe its 6+ months.

[DavenRoxy 1,073]

DCF (Direct Consular Filing) is THE way to go, find out if you qualify for that. If not, do a CR-1. It typically takes longer than K-1 (~1 yr vs. ~ 1/2 yr), but since you are together already, that is not a huge issue. And a CR-1 is about half ($945) the cost of a K-1 when all is said and done.

Good luck!

[len ben 12]

Wow that was fast! so you're sayin it is better to file here in Manila? hmmm... I should have known that, or do my hubby need to stay here for at least 6 months or so for him to do that filing?

He has to establish domicile in the PI first, at least 6 months, before he may be able to file in Manila US embassy.