Cfo Problem

[Rissana1987 0]

Happy sunday everyone=)anyway my problem is regarding with my Cfo sticket,i enter k1 before in the states and im back going home and apply for ir1 since we not apply residence there yet,my question is do i need to do it another CFO?even i enter in the states two times for my second visa?help pls..who have the same experience..

[grrrrreat 109]

Happy sunday everyone=)anyway my problem is regarding with my Cfo sticket,i enter k1 before in the states and im back going home and apply for ir1 since we not apply residence there yet,my question is do i need to do it another CFO?even i enter in the states two times for my second visa?help pls..who have the same experience..

Unfortunately, your question is very difficult to understand. I understand your situation to be (1) you entered on a K-1 already, presumably because you were someone's fiancee, (2) you are going back to the Philippines, where you want to apply for an IR-1 visa, and (3) you don't want to get another CFO sticker.

The problem is between steps (1) and (2). If you entered on a K-1 and then got married, you need to apply to adjust your status to a legal permanent resident. You don't need to go home and apply for an IR-1 visa. If you entered on a K-1 visa and did not get married, you might find it hard to apply for an IR-1 visa. In any case, if you were legally admitted to the United States, and you are married to a U.S. citizen, you need to apply for adjustment of status, not the CR-1.

[pushbrk 12,082]

Unfortunately, your question is very difficult to understand. I understand your situation to be (1) you entered on a K-1 already, presumably because you were someone's fiancee, (2) you are going back to the Philippines, where you want to apply for an IR-1 visa, and (3) you don't want to get another CFO sticker.

The problem is between steps (1) and (2). If you entered on a K-1 and then got married, you need to apply to adjust your status to a legal permanent resident. You don't need to go home and apply for an IR-1 visa. If you entered on a K-1 visa and did not get married, you might find it hard to apply for an IR-1 visa. In any case, if you were legally admitted to the United States, and you are married to a U.S. citizen, you need to apply for adjustment of status, not the CR-1.

Adjusting status inside the USA after marriage IS the standard procedure but there's nothing wrong with leaving and going through an immigrant spouse visa process, provided the K1 visa holder doesn't overstay the 90 days allowed.

The K1 visas holder is under no requirement to adjust status or even to marry. Their obligation is to either marry the petitioner inside the USA within 90 days of arrival, or leave within 90 days. Choosing to marry, leave within 90 days of entry and go through an immigrant spouse visa process is just fine.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Philippines regional forum; topic is country specific.

[Mark&Fatima 14]

Happy sunday everyone=)anyway my problem is regarding with my Cfo sticket,i enter k1 before in the states and im back going home and apply for ir1 since we not apply residence there yet,my question is do i need to do it another CFO?even i enter in the states two times for my second visa?help pls..who have the same experience..

Based on what others have said here on VJ (and other sites), you do not need another CFO. Once you've done it, that's it, it does not expire.

My link

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[grrrrreat 109]

Adjusting status inside the USA after marriage IS the standard procedure but there's nothing wrong with leaving and going through an immigrant spouse visa process, provided the K1 visa holder doesn't overstay the 90 days allowed.

The K1 visas holder is under no requirement to adjust status or even to marry. Their obligation is to either marry the petitioner inside the USA within 90 days of arrival, or leave within 90 days. Choosing to marry, leave within 90 days of entry and go through an immigrant spouse visa process is just fine.

You're right, but I was assuming the K-1 and the CR-1 visas were for marrying different fiancees, since that was sort of suggested by the question. Someone who seeks a K-1 visa and a CR-1 visa based on two different relationships within a short time certainly may have problems proving bona fide relationship.

[pushbrk 12,082]

You're right, but I was assuming the K-1 and the CR-1 visas were for marrying different fiancees, since that was sort of suggested by the question. Someone who seeks a K-1 visa and a CR-1 visa based on two different relationships within a short time certainly may have problems proving bona fide relationship.

You assumed incorrectly. Best to read carefully and "conclude" rather than "assume". The OP is the foreigner. Foreigners apply for visas. US Citizens file petitions. The errant interchanging of the terms "apply" and "petition" tend to cause lots of confusion. The couple married but the foreigner left the USA without filing to adjust status. As long as they left before their 90 days was up, no worries. They'll just go through a CR1 process. It wouldn't be IR1 unless they delay it so the visa interview is after the second wedding anniversary.

[reginakrys 33]

Happy sunday everyone=)anyway my problem is regarding with my Cfo sticket,i enter k1 before in the states and im back going home and apply for ir1 since we not apply residence there yet,my question is do i need to do it another CFO?even i enter in the states two times for my second visa?help pls..who have the same experience..

Do you still have your certificate? We were told that it doesn't expire, so I'm assuming you could get another sticker using your old certificate. I'm not sure of that though. It might be better to inquire personally.

[grrrrreat 109]

You assumed incorrectly. Best to read carefully and "conclude" rather than "assume". The OP is the foreigner. Foreigners apply for visas. US Citizens file petitions. The errant interchanging of the terms "apply" and "petition" tend to cause lots of confusion. The couple married but the foreigner left the USA without filing to adjust status. As long as they left before their 90 days was up, no worries. They'll just go through a CR1 process. It wouldn't be IR1 unless they delay it so the visa interview is after the second wedding anniversary.

But I didn't mess up "apply" and "petition", and I already noted that the original question was difficult to understand? I only said that the foreigner can "apply for adjustment of status" or "apply" for the visa, I didn't say anything about petitioning for anybody? I specifically said, if you got married on the K-1 you're fine you can AOS, but if you didn't get married on the K-1 and are now applying for a CR-1 based on marriage to a different USC, you might have problems.

I'm trying to figure out what misconception I might have raised, but I think everything I said was accurate.

[Caryh 5,206]

Two of my brother in laws are seamen and have left the country on numerous visas. They have had to retake the CFO each time they got a new visa. Since one of them always returns to the same countries to work, I'd assume the same condition of retaking the CFO would apply to you. New Visa equals new sticker. Had you adjusted status you'd have a different situation because you'd no longer be a resident of the Philippines and would be returning home when you leave.