How soon can I marry and file for my fiance's CR-1?

[xwind 10]

Hi, my fiance's annulment in the Philippines is nearing its end and I'm trying to come up with a plan to get her here to the US. I was thinking that as soon as we get the finality papers processed and registered with the NSO then I'll fly out there and get married right away, then as soon as I return I'd send in the CR-1 application. Is this something we could do? I mean, is it okay for us to get married a few days after her annulment finished and file for her visa immediately after that?

I hear that K1 visa is the fastest option to get my fiance here but she wants to get married and have her family present before she leaves the country, so we're not doing K1. I read through this forum that CR1 is faster than K3, so I bet we'll go that route. I also read that if we weren't married for some time prior to the CR1 application, we'd have a different status and need to do more, is this true? Are we on the right track or did I miss any steps? Thanks.

[speedwell 224]

Despite your wife's scruples, getting married that soon after an annulment is going to raise a huge red flag with Immigration. I advise you to go the fiancee route anyway.

No, you are incorrect about the CR1 application. The CR1 is for married people who have been married less than 2 years. You get a 2-year conditional green card that is like the normal 10-year one in every way except that you have to remove conditions at the end of the 2 years to get a new 10-year card.

[xwind 10]

I appreciate the response But I'm curious how this would raise a red flag with immigration? Is it because it appears that we are rushing things and cause doubt about the legitimacy of our relationship? If we could get to the interview step I'm sure we could provide enough evidence to show that we've been together for almost a decade and we even have kids as proof! But are you saying we might run into problems elsewhere?

[Penguin_ie 6,000]

I disagree that it would be a red flag. If she'd been living with her ex-husband in "marital harmony", then quickly divorced and re-married you, it could be a red flag (they'd think she just got annuled to get married to you for a greencard, then will divorce you and re-marry the ex to bring him to the USA). But if she's been separated from the ex for ages, and just never bothered to do the annulment because of the bureaucracy and cost, you are fine.

I do agree that the CR-1 is the way to go, not the K3.

[belinda63 3,053]

My understanding in the Philippines an annulment can take years. No red flags there. Make sure you allow sufficient time to obtain everything you need to get married, I think it takes 10 days there minimum.

[speedwell 224]

My understanding in the Philippines an annulment can take years. No red flags there. Make sure you allow sufficient time to obtain everything you need to get married, I think it takes 10 days there minimum.

Good to know, thank you.