Best Route to Go

[thatisyourjob 0]

Hi, I'm a Filipino with a B1/B2 visa and an American fiance. I recently arrived for business and some vacation. Our plan is to get married sometime in the future but after seeing each other again (last I saw her was when she visited me last March til mid of April) we've decided to do it soon.

My questions are:

• After we are married, I'll fly back home with her and get a CR-1 visa. Is that possible or is she supposed to stay in the US and file the papers? Can't she do it in the Philippines or have someone here file it on her behalf? (admittedly, I haven't thoroughly look on CR-1 process but it would be hard to leave her once we get married so I'm trying to find out if she can file it there or someone like say her parents file it here on her behalf).
• If in case she'll have to personally attend the paperworks, can I visit her while CR-1 is processing? Is a land title and a job strong enough evidence I'm not going to overstay?
• Would it be a better option if I just stay here and apply for a change of status? I didn't intend to get married anyway, it just happened.
• Can my family be here too during the wedding or that would make it appear like this is preconceived? They already have visa though they haven't traveled here except for my sister.

Any response is highly appreciated.

[JE57 239]

Aside from the fact that your post is a little confusing to me as to who is who.. I think these are your options...

1) Get married in the USA and file for AOS status while the Filipino remains in the USA. This is problematic as you have a chance of your 'intent' being questioned and possibly having your AOS denied or possibly being baned. I wouldn't recommend this route as the risks outweigh the benefits.

2) Get married in the USA and Filipino returns to Philippines. USC spouse then files for CR-1. HOWEVER, understand that the CR-1 process while it can be filed from the Philippines requires a Minimum of 12 months to complete and realistically is usually much longer AND last I knew USC only get 21 days visa in the Philippines with a possible extension. As your spouse the USC has the right to reside in the philippines BUT doing so complicates the CR-1 process as then your USC spouse must prove intent to establish or hold domicile in the USA. So living with you in the Philippines while waiting for CR-1 is *NOT* a good option if the intent is to live in the USA.

3) Therefore... I would strongly recommend a K-1 visa option. It does mean you have to return to the Philippines but the whole process can be accomplished in as little as 5 months although it often takes longer. The USC spouse can apply for that while you are visiting in the USA (It's actually easier that way if you are front loading your I-129F as I would recommend). You and your future spouse can then plan a wedding and have the minimal time apart. The disadvantages to that is the process is more expensive, and once you marry in the USA the non-USC spouse can not work or travel outside the USA for usually 3-4 months.

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If you want to talk about this PM me and I'll be happy to give you a skype number you can call me at.

[dvc 11]

2) Get married in the USA and Filipino returns to Philippines. USC spouse then files for CR-1. HOWEVER, understand that the CR-1 process while it can be filed from the Philippines requires a Minimum of 12 months to complete and realistically is usually much longer AND last I knew USC only get 21 days visa in the Philippines with a possible extension. As your spouse the USC has the right to reside in the philippines BUT doing so complicates the CR-1 process as then your USC spouse must prove intent to establish or hold domicile in the USA. So living with you in the Philippines while waiting for CR-1 is *NOT* a good option if the intent is to live in the USA.

30 days now, with rubber-stamp extensions up to 3 years since last december.

Or even easier enter on Balikbayan status for 1 year visa free.