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Phladetroit

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Good day VJ Family,

We just wanna know what could be our other options IF ever US citizen fiance cant stay for 4 weeks in my country as a requirement for spousal visa in case our I-129 fiance visa application will be denied?

Your idea and advice is highly appreciated.

Thank you so much.

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Let's get rid of the semantics first. The I-129f is not an application. It's a petition filed by a US citizen to allow his/her fiance(e) to apply for a K-1 visa.

If the K-1 visa is eventually denied, the best solution is usually the following:

1. Find out exactly why the visa was denied. No new visa will be granted if the underlying reason for denial is still present.

2. Get married.

3. File an I-130 petition for a CR-1 visa.

There is no requirement in US law of a four week stay in the beneficiary's country. The only requirements for filing an I-129f is that you are 1. Both free to get married under US federal law, 2. Intend to get married, and 3. Have met in person within the last 2 years.

Edited by Jay Jay

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Firstly, an I-129 is not a fiance(e) visa application, it's a petition filed by employers. The petition form that is filed on behalf a fiance(e) is an I-129F.

Secondly, what's this 4 week requirement you are talking about?

Thirdly, most people suggest if the fiance(e) visa is denied, to get married and file for a spousal visa.

Finally, think positively (i.e. think that your case will be successful as long as you do everything right). If it's not, then you can deal with those issues at the appropriate time.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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We've set our backup plan as the K-3.

CR-1 is a better backup plan, the K3 is an obsolete visa type.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Duplicate Topic on this subject removed; please do not start multiple threads on the same issue.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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IF ever US citizen fiance cant stay for 4 weeks in my country as a requirement for spousal visa

As Jay Jay already pointed out, there is no such requirement in order for a US Citizen to file a petition on behalf of a foreign spouse.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Phladetroit - you probably are confusing everything with the 28 day visa that a USCitizen is granted when entering the PI. Most USCitizens can't get married in the PI during that duration without paying some monies somewhere else (not at immigration control).

It's not that much money to extend it to 60 days, just pay some monies and get it.

If 'some monies' to extend the visa is really that big of an issue, please have another think, redo your plan.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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What's the 4-week requirement? There's no 4 week requirement in the Philippines. We got married in Phils as well. So, I don't have any idea of what requirement. Your fiance may need to get legal capacity to marry and use that as a requirement in order to get marriage license. In which, there's a 10-days rule in getting marriage license. But in my case, we got expedited in marrying because I decided to get married 5days before we leave the country(he asked me ahead of time, but I was too preoccupied and of course I wanted a church wedding). So, all was in hurry and ended up marrying in civil. Just carry on and if you really love each other, marrying isn't a big issue.. is it?


ṲϟCЇϟ STAGE
2012 Sep 22 ::I-130 Sent
2012 Sep 24 :: NOA1
2012 Nov 26 :: NOA2

NVC STAGE
2012 Nov 30 :: LND case#/IIN received via phone;
2012 Dec 10 :: DS3032 sent
2012 Dec 14 :: Case# received via email
2012 Dec 15 :: AOSbill / IV bil INVOICED -delay the process due to personal reasons-

2013 Jan 15 :: AOS / IV Paid -delay the process due to personal reasons-

2013 May 2 :: NVC received IV / AOS Package

2013 May 17 :: Sent checklist via FedEx

2013 May 22 :: Received Checklist

2013 May 30 :: Case Complete

CONSULATE STAGE

2013 June 5 :: Interview Scheduled by NVC

2013 June 7 :: Received Instruction Page

2013 Jun 22 :: Medical Passed

2013 July 10 :: Interview Passed

2013 July 12 :: Visa on Hand

POE

2013 Aug 13 :: Houston, Texas

2013 Sep 1 :: Card Received

ROC

2015 July 4 :: Packet Sent (Missed to include Tax and Leases due to emergency purposes so RFE is expected)

2015 July 6 :: NOA 1 Receipt

2015 July 29 :: Biometrics Schedule but moved due to emergency reasons

2015 Oct 8 :: Returned to USA

2015 Oct 15 :: Biometrics Done

2016 Jan 21 :: RFE Received as expected

2016 Feb 25 :: RFE docs sent

2016 Feb 27 :: USCIS RFE docs delivered

2016 Mar 17 :: Card Production Ordered

2016 Mar 21 :: Snail Mail (Sent by USCIS on 3-18-16 / Approved)

2016 Mar 25 :: 10 yr GC Received

N400

2016 May 15 :: Application to be sent!

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----

working backwards.

file I-130? be legally married ..

be legally married? must meet requirements of that country (here, the PI)

meet the requirements? you're in country for 45 days, waiting on the marriage office, without paying extra monies for bribes and 'go fast' fees.

don't pay extra monies for speed?

well, you have a problem...


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Why are you afraid your K-1 will be denied?

If you decide to give up on the K-1, you can marry in any country that allows it. It doesn't have to be the Philippines, if a third country suits you better.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Phladetroit - you probably are confusing everything with the 28 day visa that a USCitizen is granted when entering the PI. Most USCitizens can't get married in the PI during that duration without paying some monies somewhere else (not at immigration control).

It's not that much money to extend it to 60 days, just pay some monies and get it.

If 'some monies' to extend the visa is really that big of an issue, please have another think, redo your plan.

Can you elaborate on the above in bold.


'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

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Can you elaborate on the above in bold.

Nope - but I invite you to get into the PI forum here, and read a bit.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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