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taffy681

which one is best for my situation k1,cr1, or k3?

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Hello, everyone, I'm a U.S. Citizen wanting to petition my current girlfriend. We have been in a relationship for 5 months now and she's from the Philippines but currently works in Algeria. We are planning to go in the Philippines' next year to spend time together and possibly get married there so i can start to file for a petition. Another thing is i had a previous k1 marriage that didn't work out. We are separated for 2 yrs now and I just recently got my divorce papers and my ex does not live in the US anymore. The question is should i try the k1 visa again for my new girlfriend or is it better to do cr1 or k3 visa? What is the difference between cr1 and k3? Does having a failed k1 marriage going to be an issue? i want the fastest and best path for us to be together. Thank you.

Edited by taffy681

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K3 basically is not used, so if you were to marry it would be a CR-1.

A failed K-1 marriage does not mean you would be denied. You are also out of the 2-year window, so you could file again for a K-1 with no issues.

The question really is what type of visa would you prefer? Get married and file for a spousal visa or try again with a K-1.

The "fastest" still would be filing the I129F petition for the K-1. So as long as you both meet the requirements(single and able to marry and meet within previous two years), which is sounds like you will when you file, then you should be fine.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gifvd9wauve2wlsd9fuctxk.gifgiphy.gif    

 

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We are planning to go in the Philippines' next year to spend time together and possibly get married there so i can start to file for a petition.

Well, if you're planning on getting married in the Philippines and THEN filing, K-1 is out of the question. K-1 is for unmarried peoples who intend on marrying within the US. Your option will be CR-1 once you are married.

And no, a prior K-1 should not hurt you.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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Forget K3. It is obsolete and no benefit to it.

As long as your divorce is final it will not have an affect on future K1's.

If you marry in the PHL, you MUST file a spousal visa.

Pros, cons, and differences of K1 and CR1 ... http://www.visajourney.com/content/compare

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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The prior K1 shouldn't be an issue. Since you are out of the 2 year window, you will not need a waiver.

If you are married at the time of filing, then you should file an I-130 for a CR-1.

K1 is for unmarried couples only.

K3 technically still exists, but the vast, vast majority of times they are administratively closed anymore. I wouldn't recommend this route.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Agree with previous responses, with the additional note -

If you want the FASTEST way to be together -

If you can manage/afford to stay resident in the Philippines for 6 months, you could qualify for direct consular filing (DCF) and possibly have her spousal visa in one month or so.

You would get married - wherever you like - and file DCF for a CR1 spousal visa at the US Embassy.

That is the quickest.

Dave

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~Moved from IR1/CR1 Process to What Visa Do I Need Forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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K3 basically is not used, so if you were to marry it would be a CR-1.

A failed K-1 marriage does not mean you would be denied. You are also out of the 2-year window, so you could file again for a K-1 with no issues.

The question really is what type of visa would you prefer? Get married and file for a spousal visa or try again with a K-1.

The "fastest" still would be filing the I129F petition for the K-1. So as long as you both meet the requirements(single and able to marry and meet within previous two years), which is sounds like you will when you file, then you should be fine.

We just met 5 months ago and it will be our first time together when we go to the philippines next year. Will that be an issue?

Agree with previous responses, with the additional note -

If you want the FASTEST way to be together -

If you can manage/afford to stay resident in the Philippines for 6 months, you could qualify for direct consular filing (DCF) and possibly have her spousal visa in one month or so.

You would get married - wherever you like - and file DCF for a CR1 spousal visa at the US Embassy.

That is the quickest.

Dave

So do i file the spousal visa at the US embassy in the philippines? how soon can i file the petition after getting married?

Edited by taffy681

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We just met 5 months ago and it will be our first time together when we go to the philippines next year. Will that be an issue?

So do i file the spousal visa at the US embassy in the philippines? how soon can i file the petition after getting married?

You'd need to live in the Philippines for 6 months first in order to be able to file there.

If you haven't met in person yet then you cannot file for anything yet.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Again, I agree with the earlier postings -

The sponsor must reside in the Philippines for 6 months to qualify for direct consular filing (DCF).

(It does not matter where the beneficiary is from or lives.)

Satisfying the sponsor's "residency" requirement is critical. So, research that.

You can be married as short a period as you like before you apply.

You could apply for the CR1 visa the day you get the official marriage certificate, for example.

If you aim for DCF, and decide to move to the PH, that puts the two of you TOGETHER, which is good for both of you, as a couple, in general, of course.

It is also good for your application because time together supports the concept of a bona fide relationship.

Hope this is helpful.

Dave

Edited by DaveSana

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Research DCF.

Yes, you apply solely to the Embassy in Manila.

You send nothing by mail to any office in the US.

The US sponsor submits the I-130 Petition for Alien Relative in person at the Embassy in Manila:

https://www.uscis.gov/i-130

Took us 15 mins to submit it.

The beneficiary need not accompany you, though it might be helpful, if you missed something on one of the forms/documents.

(You get the chance to amend your document there.)

You will also have the interview at the Embassy in Manila, of course.

Your spouse's visa will serve as a temporary green card immediately upon arriving in the US, which means she can work, etc. in the US immediately.

No Adjustment of Status involved later on; just a removal of conditions for CR1 visa holders just before the end of the first two years of being in the US.

Dave

Edited by DaveSana

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To clarify on his question about DCF:

On the DCF, can you file the day after you get married? Or does the consulate want you married for a certain time period? Would being married a short time look bad?

We've been together for over 4 years and have known each other for over 8 years.


12-16-2016 - I-129f sent

12-19-2016 - I-129f received at Lockbox 
12-29-2016 - NOA1 (10 days)
3-22-2016- NOA2
 
Approved 93 Days from receive date.
 

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To clarify on his question about DCF:

On the DCF, can you file the day after you get married? Or does the consulate want you married for a certain time period? Would being married a short time look bad?

We've been together for over 4 years and have known each other for over 8 years.

The only requirement for DCF beyond marriage is the length of time living in the DCF available country. The Philippines requires the petitioner (USC) to have lived in the Philippines for 6 months. As the OP is not married yet, 6 months is about how long it takes at the USCIS stage. DCF can take a few weeks to several months. The timeline foe the OP is only slightly shorter via DCF and requires proof of domicile. Current income also comes into question as that point too.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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