I cant make up my mind K1 or DCF

[thatgo 0]

Ive been in the Philippines since 2008. I feel its time to return back to USA to earn a living.

Ive been with my GF for about 5 year, we have a 3yr old son (who is a US citizen).

Even though are relationship has been kind of rough lately, I think I still want them to come with me.

Her annulment will be complete, this month or next.

I was thinking of filing DCF, just cause some say its much quicker. or go home and file for K1, so I can earn a living.

Im not sure what direction to take. Hope someone feels what im trying to figure out. Thanks everyone for sharing your experience.

[Hank_ 9,173]

IR/CR-1 doing the DCF is the absolute quickest.

[Greenbaum 12,258]

You need to get married first. Then follow Hank's recommendation. When you are about to file, after marriage, come back here and someone here can help with the process. It's pretty simple.

If you want to see what is needed and the steps Sir Dr. Manilaraf just completed his and he has a great write up here:

http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

[j&ana 363]

Yes you will need to get married first to do DCF. You will also have to prove domicile in the USA and be able to sponsor your wife or get a joint sponsor

[Greenbaum 12,258]

Yes you will need to get married first to do DCF. You will also have to prove domicile in the USA and be able to sponsor your wife or get a joint sponsor

Six months residency in the Philippines is mandatory for filing of the DCF. CO doesn't care if you are established in USA.

CO will asked for proof of Philippine residency. Requirement is 6 months. Use these items as proof of residency in the Philippines. 1. Notarized lease contract 2. community tax certificate 3. Globe bill 4. BDO bank account.

[j&ana 363]

Six months residency in the Philippines is mandatory for filing of the DCF. CO doesn't care if you are established in USA.

CO will asked for proof of Philippine residency. Requirement is 6 months. Use these items as proof of residency in the Philippines. 1. Notarized lease contract 2. community tax certificate 3. Globe bill 4. BDO bank account.

you are correct for filing the petition

but to do aos the op will either have to prove domicile or have a joint sponsor

also US income or assets will need to be proven by either the op or joint sponsor

[manilaraf 28]

What everyone has said is correct.

But you can't do DCF unless you get married first. So once the annulment goes through, if you want to do DCF, you guys have to get married. So tack on a week or two to get married via the civil/city hall route or longer if you want to go the church route with the whole shebang. A month or two to have the civil registrar file your marriage with the NSO.

From there filing DCF from start to finish can take as quickly as a month to two months.

Maintaining domicile and the need for a joint sponsor are two separate issues (j&ana's post might have you thinking they are one with the use of OR in their post)

Whether or not you have a joint sponsor, you need to prove US domicile.

Regarding maintaining domicile. Have you maintained ties to the US such as maintaining US-based credit cards, US bank accounts, voter registration or absentee voting, jury duty, etc. If you haven't you basically have to state that you are in good faith going to cut all ties to the Philippines and re-establish domicile in the US.

On a side, but related note, have you filed taxes with the IRS since you've been here in the PHL?

[thatgo 0]

Thank you all very much for your input.

1) After the Annulment, and receive the documents from court. Then register at the needed Cival Registerers, how much time will it take for NSO to have the contract say her marriage is null & void? (is that same thing as Cenomar?) ?plus the additional time to register after we get married... (seems kinda like a bit of time)

2) I am not quite clear on 'domicile.' When I left America in 2008, I pretty much left everything behind. Did not maintain anything, had no credit, had no bank account. Im a dual citizen, if that matters. I for sure have my mom to help with joint sponsorship.

can you clarify >> "if you haven't you basically have to state that you are in good faith going to cut all ties to the Philippines and re-establish domicile in the US."

3) In your opinions, for my situation. Should I go home, file for K1 & prepare for their arrival. Or wait it out & file DCF, and all of us go at the same time. I know this is a personal choice, but my heads been spinning trying to make up my mind. lol like I said its been kinda rough relationship lately, just want to hear some thoughts.

Right on, hope to hear back from you very helpful peeps. thanks!

[thatgo 0]

Six months residency in the Philippines is mandatory for filing of the DCF. CO doesn't care if you are established in USA.

CO will asked for proof of Philippine residency. Requirement is 6 months. Use these items as proof of residency in the Philippines. 1. Notarized lease contract 2. community tax certificate 3. Globe bill 4. BDO bank account.

Does this mean as long as I have lived in Philippines for 6 months, I can go back to America and file DCF? Or do I have be living in the Philippines at the time of filing? thanks!

[JohnandMhay 13]

Does this mean as long as I have lived in Philippines for 6 months, I can go back to America and file DCF? Or do I have be living in the Philippines at the time of filing? thanks!

You can't file DCF in the US, you must be in the country you are filing DCF in.

[VOL 425]

I know this is a personal choice, but my heads been spinning trying to make up my mind. lol like I said its been kinda rough relationship lately, just want to hear some thoughts.[/background]

Right on, hope to hear back from you very helpful peeps. thanks!

If I was in your shoes I would do neither at the moment. I would see if your relationship improves and if it does then I would look into a K1 or DCF in the future.

If the relationship continues to be "rough" I would start looking for other companionship.

I have always avoided girls in the Philippines that were involved in, or in the process of an annulment.

Good Luck in your choice.......

[manilaraf 28]

Does this mean as long as I have lived in Philippines for 6 months, I can go back to America and file DCF? Or do I have be living in the Philippines at the time of filing? thanks!

JohnandMhay are correct.

You cannot file DCF in the States. You'll have to file via the normal USCIS lockbox system which takes longer than DCF filing.

The DC in DCF stands for Direct Consular. As in you'll be filing the I-130 with the USCIS Office in Manila and they do all the processing. If and when it's approved, it gets sent over to the State Dept's Immigrant Visa Section for processing and that whole thing. Everything gets done "in-house" in the US Embassy. You skip the National Visa Center step. The fact that every gets done at the consular post is the reason why it's faster than any other visa

[manilaraf 28]

If I was in your shoes I would do neither at the moment. I would see if your relationship improves and if it does then I would look into a K1 or DCF in the future.

If the relationship continues to be "rough" I would start looking for other companionship.

I have always avoided girls in the Philippines that were involved in, or in the process of an annulment.

Good Luck in your choice.......

Throw a 3 year old kid into the mix and it gets significantly more complicated than a simple relationship breakup.

[VOL 425]

Throw a 3 year old kid into the mix and it gets significantly more complicated than a simple relationship breakup.

Kids sure can mess up a simple relationship.......

[thatgo 0]

LOL - things are okay. I guess I may be nervous, about the next stage in our lives.

So my main question - After the Annulment, and receive the documents from court. Then register at the needed Cival Registerers, how much time will it take for NSO to have the contract say her marriage is null & void? (is that same thing as Cenomar?) ?plus the additional time to register after we get married... (seems kinda like a bit of time)

I read this about domicile >> http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/

Im just thinking, im trying to get back to work ASAP, of course I feel like I cant leave my son.