Spouse or fiancée visa

[april14MC 0]

Im a US citizen and my fiancée is based in the Philippines. She has a tourist visa multipke entry to the US. Our plan is to have church wedding in the Phil's. By January 2013. After reading and researching on different visa options it seems like fiancée visa is the faster one. We are still considering the church wedding so I checked the spouse visa: is it possible that she will come here as a tourist then we will get married and she will go home and I'll file the spouse visa? Or I'll go home within this year get married in the Phil's. And file spouse visa.

[Mark&Fatima 14]

The K1 fiancee visa is usually a little faster, but not much really, maybe a couple of months faster. Look at the comparison guide here for more info on both. If your fiancee comes to the U.S. on a tourist visa and you get married, that will probably raise a big red flag (i.e. visa fraud since her purpose wasn't to tour, but instead to get married). If you really want to get married in the Philippines, then go get married there, come back, then begin the CR-1 visa...or instead you could begin the K1 fiancee visa right now and get married here in the U.S. after she has that visa (not a tourist visa).

Good luck to both of you

Edited April 4, 2012 by Mark&Fatima

[pushbrk 12,110]

The K1 fiancee visa is usually a little faster, but not much really, maybe a couple of months faster. Look at the comparison guide here for more info on both. If your fiancee comes to the U.S. on a tourist visa and you get married, that will probably raise a big red flag (i.e. visa fraud since her purpose wasn't to tour, but instead to get married). If you really want to get married in the Philippines, then go get married there, come back, then begin the CR-1 visa...or instead you could begin the K1 fiancee visa right now and get married here in the U.S. after she has that visa (not a tourist visa).

Good luck to both of you

The above is a fallacy. Tourists marry in the USA every day, thousands of them. It's entering the USA on a tourist visa with BOTH the intent to get married AND stay to adjust status that CAN be considered visa fraud in some cases.

To the OP, make your life decision and then follow the immigration path that fits that decision. Marriage in the P.I. is NOT an option using the fiancee visa path, because the marriage MUST take place IN THE USA.....AFTER....the foreigner uses the K1 visa to enter the USA.

[Mark&Fatima 14]

The above is a fallacy. Tourists marry in the USA every day, thousands of them. It's entering the USA on a tourist visa with BOTH the intent to get married AND stay to adjust status that CAN be considered visa fraud in some cases.

To the OP, make your life decision and then follow the immigration path that fits that decision. Marriage in the P.I. is NOT an option using the fiancee visa path, because the marriage MUST take place IN THE USA.....AFTER....the foreigner uses the K1 visa to enter the USA.

You're right, my mistake.

[grrrrreat 109]

Im a US citizen and my fiancée is based in the Philippines. She has a tourist visa multipke entry to the US. Our plan is to have church wedding in the Phil's. By January 2013. After reading and researching on different visa options it seems like fiancée visa is the faster one. We are still considering the church wedding so I checked the spouse visa: is it possible that she will come here as a tourist then we will get married and she will go home and I'll file the spouse visa? Or I'll go home within this year get married in the Phil's. And file spouse visa.

Generally, the IR-1 (spousal visa) and K-1 (fiancee visa) are on very similar timelines as far as getting you into the United States. The only problem is if you seek a K-1 and then get married outside of the United States, as you will have to withdraw your K-1 and start over with the CR-1. (In addition, if the K-1 is issued, but you get married outside of the United States before traveling to the U.S., the K-1 will be void and you won't be able to travel on it. A K-1 is only for getting married in the United States.) Many people prefer getting married and seeking the CR-1 instead of the K-1, as the CR-1 comes with an automatic green card upon entry and under the K-1 you have to adjust status to obtain a green card once you are married (which takes time and money).

There is no rule against getting married in the United States while traveling on a tourist visa (B1). There is a rule against entering on a B1 with the intent to immigrate (i.e., stay permanently). In fact, many people have been denied entry under a B1 if they are married or intend to marry a U.S. citizen, as the border official will suspect that you intend to stay once married. Be prepared to show that you do not intend to stay in the United States (including ties to the country of origin).

Also, still others enter the U.S. on a tourist visa, get married, and then try to adjust status to legal permanent residency. Again, there is no rule against this. There is a rule against entering the U.S. on a tourist visa with the intent to stay, so be prepared to explain how you entered without the intent to immigrate but then later decided to stay.

[april14MC 0]

Generally, the IR-1 (spousal visa) and K-1 (fiancee visa) are on very similar timelines as far as getting you into the United States. The only problem is if you seek a K-1 and then get married outside of the United States, as you will have to withdraw your K-1 and start over with the CR-1. (In addition, if the K-1 is issued, but you get married outside of the United States before traveling to the U.S., the K-1 will be void and you won't be able to travel on it. A K-1 is only for getting married in the United States.) Many people prefer getting married and seeking the CR-1 instead of the K-1, as the CR-1 comes with an automatic green card upon entry and under the K-1 you have to adjust status to obtain a green card once you are married (which takes time and money).

There is no rule against getting married in the United States while traveling on a tourist visa (B1). There is a rule against entering on a B1 with the intent to immigrate (i.e., stay permanently). In fact, many people have been denied entry under a B1 if they are married or intend to marry a U.S. citizen, as the border official will suspect that you intend to stay once married. Be prepared to show that you do not intend to stay in the United States (including ties to the country of origin).

Also, still others enter the U.S. on a tourist visa, get married, and then try to adjust status to legal permanent residency. Again, there is no rule against this. There is a rule against entering the U.S. on a tourist visa with the intent to stay, so be prepared to explain how you entered without the intent to immigrate but then later decided to stay.

[april14MC 0]

to pushbrk and grrrreat:

Thanks a lot to all the replies. I really appreciate it!!! I will share your thoughts to my fiancee and we will come up with the better option for our situation.

Re:

A. if she comes here to visit and get married, and go back home to Philippines, so it will not be a red flag during the processing of our spouse visa application ? or maybe its safer if Im the one to go Home (phils) and get married there then apply when i come back.

B. what are the requirements to get married outside US?

C. what is the approximate time frame for the spouse visa processing?

Again thank you.

[Mark&Fatima 14]

to pushbrk and grrrreat:

Thanks a lot to all the replies. I really appreciate it!!! I will share your thoughts to my fiancee and we will come up with the better option for our situation.

Re:

A. if she comes here to visit and get married, and go back home to Philippines, so it will not be a red flag during the processing of our spouse visa application ? or maybe its safer if Im the one to go Home (phils) and get married there then apply when i come back.

B. what are the requirements to get married outside US?

C. what is the approximate time frame for the spouse visa processing?

Again thank you.

A - If she applies for a tourist visa, and says that she's coming here to get married, they may not give her that tourist visa (as I originally stated, pushbrk said no, and grrrreat said it might hahaha). If she does come and get married on that tourist visa, and goes back home, then you won't have a problem with the CR-1 visa later on because you didn't break any laws or do anything wrong. It IS legal to marry on a tourist visa, they simply fear that once married, the immigrant won't leave. If they are sure that she'll go back home, then she'll get the tourist visa.

B - I got married in the Philippines last July. As a U.S. Citizen, you'll need to make an appointment at the U.S. Embassy in Manila and get an ""Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage". It cost me $50 (you'll only need to bring money, passport, and divorce papers (if you were previously married)). It took me about 1-2 hours to get that done in the embassy. If your fiancee is 18-21, she'll need parental consent, and if she's 22-24 parental advice. She will also need her CENOMAR (showing that she's not already married). You then get the marriage license after you marry.

C - CR-1 visa (spousal visas) take roughly 8-12 months from the time you send in your I-130 until your wife will have her Visa in hand.

Edited April 5, 2012 by Mark&Fatima

[pushbrk 12,110]

A - If she applies for a tourist visa, and says that she's coming here to get married, they may not give her that tourist visa (as I originally stated, pushbrk said no, and grrrreat said it might hahaha). If she does come and get married on that tourist visa, and goes back home, then you won't have a problem with the CR-1 visa later on because you didn't break any laws or do anything wrong. It IS legal to marry on a tourist visa, they simply fear that once married, the immigrant won't leave. If they are sure that she'll go back home, then she'll get the tourist visa.

B - I got married in the Philippines last July. As a U.S. Citizen, you'll need to make an appointment at the U.S. Embassy in Manila and get an ""Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage". It cost me $50 (you'll only need to bring money, passport, and divorce papers (if you were previously married)). It took me about 1-2 hours to get that done in the embassy. If your fiancee is 18-21, she'll need parental consent, and if she's 22-24 parental advice. She will also need her CENOMAR (showing that she's not already married). You then get the marriage license after you marry.

C - CR-1 visa (spousal visas) take roughly 8-12 months from the time you send in your I-130 until your wife will have her Visa in hand.

Often the devil is in the details an YOU are not paying attention to them. She would not be applying for a tourist visa. She already HAS one. That was in the first paragraph of post #1. If she were applying for one and said she was coming to get married, the chances of obtaining one are extremely slim, to NONE. That is irrelevant.

B and C are correct.

B. what are the requirements to get married outside US?

The only thing that matters are the requirements for YOU to get married in the Philippines. You're going to need to be there for at least two week, just to accomplish a legal marriage, not counting any honeymoon.

[Mark&Fatima 14]

Often the devil is in the details an YOU are not paying attention to them. She would not be applying for a tourist visa. She already HAS one. That was in the first paragraph of post #1. If she were applying for one and said she was coming to get married, the chances of obtaining one are extremely slim, to NONE. That is irrelevant.

B and C are correct.

The only thing that matters are the requirements for YOU to get married in the Philippines. You're going to need to be there for at least two week, just to accomplish a legal marriage, not counting any honeymoon.

Is it really that difficult to respond in a somewhat polite manner? So I missed the part that she already has her tourist visa....Lord forgive me!!! "A" is also correct, as I said that since they're not breaking any laws, it IS legal to marry on a tourist visa, and that it wouldn't be a problem with their CR-1. Also, about needing 2 weeks to get married in the Philippines...yes there is a 10 day waiting period but as with many things in the Philippines, if you know the right people and pay them, that can be skipped. It also depends if the couple is going to have a church wedding (in which case there are a few extra steps) or a civil wedding (which is much easier).

Here is a link with more info about getting married in the Philippines - My link

Edited April 5, 2012 by Mark&Fatima

[pushbrk 12,110]

Is it really that difficult to respond in a somewhat polite manner? So I missed the part that she already has her tourist visa....Lord forgive me!!! "A" is also correct, as I said that since they're not breaking any laws, it IS legal to marry on a tourist visa, and that it wouldn't be a problem with their CR-1. Also, about needing 2 weeks to get married in the Philippines...yes there is a 10 day waiting period but as with many things in the Philippines, if you know the right people and pay them, that can be skipped. It also depends if the couple is going to have a church wedding (in which case there are a few extra steps) or a civil wedding (which is much easier).

Here is a link with more info about getting married in the Philippines - My link

If you'll pay attention to details and limit your comments to what you're sure about, it's far less likely your nose will get bent out of shape over somebody correcting your errors. We're here to help. Wrong information does not help. It "hurts".

[Mark&Fatima 14]

If you'll pay attention to details and limit your comments to what you're sure about, it's far less likely your nose will get bent out of shape over somebody correcting your errors. We're here to help. Wrong information does not help. It "hurts".

You didn't even answer his question "A", you were too busy making a point that I had missed the fact that she already had her tourist visa! Then all you did was say that yes, MY responses were correct and you didn't really provide any information about what he needed to do to get married in the Philippines (which is what he asked for). Was your response helpful? Not really...

[pushbrk 12,110]

You didn't even answer his question "A", you were too busy making a point that I had missed the fact that she already had her tourist visa! Then all you did was say that yes, MY responses were correct and you didn't really provide any information about what he needed to do to get married in the Philippines (which is what he asked for). Was your response helpful? Not really...

This ain't my first rodeo. When you have a history of two wrong answers to the same OP, letting them know you gave two correct answers will be "helpful" YMMV, but I've been around these blocks many times before. If you stick around, you'll eventually be able to say the same. Until then, (actually forever) please limit your answers to things you're sure about. Soon you'll be sure about more.

[Mark&Fatima 14]

This ain't my first rodeo. When you have a history of two wrong answers to the same OP, letting them know you gave two correct answers will be "helpful" YMMV, but I've been around these blocks many times before. If you stick around, you'll eventually be able to say the same. Until then, (actually forever) please limit your answers to things you're sure about. Soon you'll be sure about more.

You're right pushbrk, you've been around a lot longer than I have so of course you know more about these things. My mistake was thinking that she had to apply for the tourist visa again (not that she already had one).

[pushbrk 12,110]

You're right pushbrk, you've been around a lot longer than I have so of course you know more about these things. My mistake was thinking that she had to apply for the tourist visa again (not that she already had one).

Yes, that was your second mistake in this thread. Both occurred by not paying attention to details. That's where the devil lives.

Marrying is not the same as marrying and staying. Using a visa is not the same as applying for one.

I didn't provide the details of marriage for three reasons.

1. I don't know if the OP is also a Filipino or only a USC.

2. Marriage in the Philippines as a foreigner is complicated and required careful study by the OP himself.

3. Plenty of others, like you, have that information at their fingertips and will be along shortly to provide it.

Reason 3 above is the main reason members are wise to limit their responses to things they are certain they know well.