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Fiance from the Philippines Concerns

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KayCee said "If you marry first, then you need to submit an I-130 petition to get started on obtaining a spousal visa (CR-1)"

So that means that I can file for marriage at city hall first then I can do the I-130 petition?

How would that work since we are in separate countries?

Does she has to file for marriage at her city hall in her country?

KayCee means that you actually have to meet and get married before you can file the I-130. Simply filing for a marriage license at city hall does not count.

Edited by mlh
Mar 2014 - Married

5/7/14?? - Attorney mailed paperwork

5/15/14 DHS cashed check

5/19/14 - NOA1 received with PD 5/12/14

10/17/14 - NOA2 received

10/28/14 - Email received that file has been sent to NVC

11/13/14 - NVC received file

12/10/14 - NVC Assigned case number

12/12/14 - AOS Fee Invoiced

12/13/14 - Submit email to NVC to remove attorney as DS-261 Agent

12/16/14 - AOS Fee showing as Paid

12/17/14 - IV Fee invoiced

12/20/14 - IV fee available and paid

12/27/14 - DS-260 submitted

1/2/15 - AOS and IV packages sent to NVC

1/5/15 - USPS delivered packages to NVC

1/7/15 - NVC scanned in packages. Let the countdown begin...

1/30/15 - FINALLY got a reply to my email to remove the attorney from the DS-261

3/9/15 - Called NVC and they have checklisted us for an "incorrect" decree absolute from the UK, even though it is the legal official document. Have requested a supervisor review.

4/28/15 - Called and NVC said supervisor had reviewed and now claimed that the decree absolute was not included. After disagreeing with the less than helpful lady on the phone, and her not being able to get the review time right. (She kept changing her story between 42 days and 30 days).

4/30/15 - Sent the same copy of the decree absolute to the NVC from the UK, highlighting the "decree absolute" wording with a letter stating that this is the only document provided by the UK government.

5/6/15 - Scan date for checklist received.

6/5/15 - Case complete!!!

6/12/15 - Called and interview is scheduled for July 1!

6/14/15 - Received email with interview date and instructions.

6/19/15 - Case showing as ready on CEAC.

7/1/15 - Approved at interview!!!

7/6/15 - CEAC changed to Administrative Processing

7/7/15 - CEAC changed to Issued!!!!!

7/10/15 - Passport and packet delivered!

7/29/15 - Husband entered with visa at Dallas/Fort Worth airport

9/29/15 - GC delivered!!!

5/4/17 - ROC packet sent via USPS

5/9/17 - Tracking shows delivered

5/17/17 - Check cashed

5/19/17 - NOA1 received with date of 5/8/17

5/27/17 - Biometrics appt received 6/8/17

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Filed: K-1 Visa Country: Philippines
Timeline

It DOES matter where you get married!

If you get married in Philippines if something happens, YOU can NEVER be divorced, never ever, annulments are at 5% and very expensive!

DO NOT EVER MARRIED IN THE PHILIPPINES, YOU CAN NEVER GET A DIVORCE, if something goes wrong, AND ANNULMENTS ARE AT ABOUT 5%, AND 3-5 YEARS AND VERY COSTLY!!!!! I hope you read and absorb what I have said, been there done that!!!!!

Do your K-1 wherever, and bring her to the US..,..,.as my wife loves it here! She is from Cebu.

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Filed: K-1 Visa Country: Wales
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Can not get divorced in PI.

Can get divorced in USA.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It seems like your best two or maybe only options

1. fly to Philippines meet her come back file k-1

2 after meeting her, plan the wedding fly back to Philippines. you will need to stay as long as you can. an American can stay there for 30 days now without visa. you need to make an appointment with the embassy to get the Affidavit In Lieu of Certificate of Legal Capacity to Marry, both of you will need copy of cenomar from nso. after you apply for marriage license there is a 10 day waiting period before you can pick it up. All this take time it took me and my wife 28 days to get our marriage done there.

So if you can not be away from your mom for long I will choose option 1. Most likely you are going to have to go there to meet her

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Filed: Citizen (apr) Country: Mexico
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KayCee said "If you marry first, then you need to submit an I-130 petition to get started on obtaining a spousal visa (CR-1)"

So that means that I can file for marriage at city hall first then I can do the I-130 petition?

How would that work since we are in separate countries?

Does she has to file for marriage at her city hall in her country?

You don't marry before ever meeting and while in separate countries.

You must meet in person to file for a K-1 visa. You must meet in person in order to get married somewhere. You either visit in person somewhere together and then file the I-129F for a K-1, or you meet in person somewhere, get married while together and then file the I-130 for a CR-1.

If you have issues meeting the requirements of an affidavit of support, then it is best to do the spousal visa because then a joint sponsor can be used for sure in Manila.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Timeline

It DOES matter where you get married!

If you get married in Philippines if something happens, YOU can NEVER be divorced, never ever, annulments are at 5% and very expensive!

DO NOT EVER MARRIED IN THE PHILIPPINES, YOU CAN NEVER GET A DIVORCE, if something goes wrong, AND ANNULMENTS ARE AT ABOUT 5%, AND 3-5 YEARS AND VERY COSTLY!!!!! I hope you read and absorb what I have said, been there done that!!!!!

This isn't true. If you are a USC you can divorced no matter where you were married.

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Filed: K-1 Visa Country: Philippines
Timeline

Getting a travel visa for a Filippina to visit the US is very difficult, nearly impossible. To qualify for K1 visa you need to visit her, unless there are extreme circumstances such as you having a disability making it impossible to travel there. I really do not think mother's health qualifies as a waiver for the travel to meet her. I think you are left with two options, either wait and see what happens or travel anyways. The USCIS is not very understanding to issues like this...

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Filed: K-1 Visa Country: Wales
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You are engaged to someone you never met???

I do not keep count and by no means read every post. But must see this come up once a week so not uncommon.....

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Other Country: Philippines
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I need some advice. I am ready to bring my fiance from the Philippines here to Atlanta, Georgia.
However, here is the issue. Due to my mother's fragile health, my fiance encouraged me not to come to her country so I can look out for my mother. Despite that she wants me to go to her country to meet her family and get married there, she wants to make the sacrifice to come here.
I know the K-1 requires me to go there to meet her in person but it's not going to happen since I promised God for me not to go.
Here are some options that I have in mind.
My aunt got married at the American Embassy in Ecuador then her husband filed for the marriage licence while he was in New Jersey. Then they got married at the church when she came to the U.S. is this possible for me?
Those are two options that I listed above or does anyone has a better alternative for us. Thanks.

You (and your fiancee) don't want to go to the Philippines to meet your fiancee because you are caring for your mother. But your fiancee wants you to go there (one day) to meet her family and get married there.

Before you start deciding on a visa, maybe decide on a direction...

You're going there to get married, or going there to just meet in person? You're planning to marry a person "long distance" you have never met?

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Filed: Other Country: Philippines
Timeline

It DOES matter where you get married!

If you get married in Philippines if something happens, YOU can NEVER be divorced, never ever, annulments are at 5% and very expensive!

DO NOT EVER MARRIED IN THE PHILIPPINES, YOU CAN NEVER GET A DIVORCE, if something goes wrong, AND ANNULMENTS ARE AT ABOUT 5%, AND 3-5 YEARS AND VERY COSTLY!!!!! I hope you read and absorb what I have said, been there done that!!!!!

Do your K-1 wherever, and bring her to the US..,..,.as my wife loves it here! She is from Cebu.

Sorry.. you are very wrong here, even if married in the Philippines one can get divorced - anywhere but the Philippines.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Sorry.. you are very wrong here, even if married in the Philippines one can get divorced - anywhere but the Philippines.

Quoted for truth. What's more, that divorce will be recognized in the Philippines, provided it is initiated by a citizen of a country that is not the Philippines. So, for example, if a U.S. citizen marries a Philippines citizen in the Philippines, and the U.S. citizen later files for divorce in the U.S., the Philippines will recognize the divorce. The Philippines citizen, however, cannot initiate the divorce and have it recognized in the Philippines, although it will be recognized everywhere else. Of course, if the Philippines citizen naturalizes, the same rules apply, and they can file for divorce as a U.S. citizen, and it will be recognized in the Philippines.

Phew. It would be nice if the Philippines government would move on from the 19th century, but that's about as likely as an end to the plutocracy there, or as likely as an end to the buying of elections in the Philippines or the U.S.

Met in Ormoc, Leyte, Philippines: 2007-05-17
Our son was born in Borongan, Eastern Samar, Philippines: 2009-04-01
Married in Borongan, Eastern Samar, Philippines: 2009-10-24
CR-1 Visa - California Service Center; Consulate - Manila, Philippines
I-130 mailed: 2010-04-13
I-130 NOA1: 2010-04-24
I-130 NOA2: 2010-09-30
NVC received case: 2010-10-14
Case Complete: 2010-12-01
Interview scheduled: 2010-12-06
Medical, St. Luke's, Manila: 2010-12-09 and 2010-12-10
Interview at US Embassy in Manila 8:30 AM: 2011-01-05 - Approved!
Visa delivered: 2011-01-08
CFO Seminar completed: 2011-01-10
My beloved wife Sol and my beautiful son Nathan arrive in the U.S. (POE San Francisco): 2011-01-26
Lifting Conditions - Vermont Service Center
Date mailed: 2012-11-01
Receipt date: 2012-11-05
NOA received: 2012-11-09
Biometrics letter received: 2012-11-16
Biometrics appointment date: 2012-12-10
Biometrics walk-in successful: 2012-11-20
Removal of Conditions approved date: 2013-04-27
10 year green card mailed: 2013-05-03
10 year green card received: 2013-05-06
Citizenship
N400 mailed: 2013-10-28
N400 delivered: 2013-10-31
NOA1: 2013-11-04
Biometrics: 2013-11-18
In Line: 2013-12-26
Interview scheduled: 2013-12-30
Interview: 2014-02-03

Oath ceremony queue: 2014-02-07

Oath ceremony: 2014-03-28 Sol is a U.S. citizen

Applied for expedited passport: 2014-04-01

Passport received, Priority Express: 2014-04-09 This is journey's end at last!

Naturalization certificate returned, Priority Mail: 2014-04-12

Passport card received, First Class: 2014-04-14

1457 days, I-130 mailed to passport in hand

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It DOES matter where you get married!

If you get married in Philippines if something happens, YOU can NEVER be divorced, never ever, annulments are at 5% and very expensive!

DO NOT EVER MARRIED IN THE PHILIPPINES, YOU CAN NEVER GET A DIVORCE, if something goes wrong, AND ANNULMENTS ARE AT ABOUT 5%, AND 3-5 YEARS AND VERY COSTLY!!!!! I hope you read and absorb what I have said, been there done that!!!!!

Do your K-1 wherever, and bring her to the US..,..,.as my wife loves it here! She is from Cebu.

Sorry but you are wrong. From the family code of the Philippines title one chapter one art 26

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

You can not get divorce in the Philippines. However if you marry in the Philippines you can get divorce in other countries

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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Filed: Other Country: Philippines
Timeline

Quoted for truth. What's more, that divorce will be recognized in the Philippines, provided it is initiated by a citizen of a country that is not the Philippines. So, for example, if a U.S. citizen marries a Philippines citizen in the Philippines, and the U.S. citizen later files for divorce in the U.S., the Philippines will recognize the divorce. The Philippines citizen, however, cannot initiate the divorce and have it recognized in the Philippines, although it will be recognized everywhere else. Of course, if the Philippines citizen naturalizes, the same rules apply, and they can file for divorce as a U.S. citizen, and it will be recognized in the Philippines.

Phew. It would be nice if the Philippines government would move on from the 19th century, but that's about as likely as an end to the plutocracy there, or as likely as an end to the buying of elections in the Philippines or the U.S.

- exactly. Just didn't want to get that wordy ;) Even the Filipino can initiate the divorce and be legally divorced EVERYWHERE but in the Philippines.

Only way the Philippines will get into the 21st century is the catholic church out of the Philippine government's "business"

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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