Options needed

[Phladetroit 0]

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.

[jaycali 415]

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 December 2, 2012 by Jay Jay

[Ryan H 3,790]

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.

[Novembro 1,763]

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

[Ryan H 3,790]

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

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

[Novembro 1,763]

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

I see. Thanks

[Ryan H 3,790]

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

[Ryan H 3,790]

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.

[Darnell 8,478]

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 December 2, 2012 by Darnell

[Penny Pincher 11]

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?

[Darnell 8,478]

----

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...

[Harpa Timsah 13,258]

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 December 2, 2012 by Harpa Timsah

[sjr09 155]

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.

[Darnell 8,478]

Can you elaborate on the above in bold.

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

[Cathi 5,609]

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

k3 is no longer an option, they are n longer granted..obselete option