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Good Morning/Noon,

  I am trying my luck and see if someone can best advice me as to what I can do to petition my wife here in U.S.

To start off, I am a Active Duty Military serving in the Navy. We just got married last September 27,2018 we've been together since June 27, 2016 and we've seen each other in person already and that was in Dec 20, 2017 for 11 days as I went back to the Philippines. 
We are married through double proxy marriage that is currently being done in Montana. I already went to the JAG Legal office and the guy was somewhat not helpful because he even just used google for my situation which I could've done my self.
He advised us to just apply for the K-1 Visa, however I will be going to the Philippines this coming February 2019 and will spend a month with her which will technically make our marriage "CONSUMMATED" and will become recognized for a I-130 petition.
My issue is, I will change my duty station in Dec 2019 and I do not know if I will be attached to a ship or actually sent overseas. I wanted to file as soon as I can.

Do you think it will be a problem if I file a K-1 Visa now (December 2018) but our marriage is actually going to be consummated in (Feb 2019)?

I really don't want to wait until it gets "consummated" because it'll also take some time off on the actual processing.

In addition, If I file a I-130 we don't even have any joint accounts yet because we just got married.

I hope you can advice me. Thank you!

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You're married, you cannot apply for K1 visa. It will be denied.

Even if your marriage will be "consummated" during the K1 process, it will mean that you're still married. K1 is not for married people. So don't bother.

You HAVE to file for spouse visa.


K1

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01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

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24.07.2017 - NoA1.

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You cannot file a K1 visa if you are married.

Consummate the marriage in February and then file the I-130. It's understandable to not have many joint accounts early on in the marriage, (especially since you don't live together) but you might be able to add her to your insurance policy, as a financial beneficiary, ect. 


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Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

See my 'About Me' section on my profile for a more detailed step by step journey of our K1 Journey through the Casablanca consulate in Morocco

 

AOS Process    

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AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

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3 minutes ago, Kim Brown said:

Good Morning/Noon,

  I am trying my luck and see if someone can best advice me as to what I can do to petition my wife here in U.S.

To start off, I am a Active Duty Military serving in the Navy. We just got married last September 27,2018 we've been together since June 27, 2016 and we've seen each other in person already and that was in Dec 20, 2017 for 11 days as I went back to the Philippines. 
We are married through double proxy marriage that is currently being done in Montana. I already went to the JAG Legal office and the guy was somewhat not helpful because he even just used google for my situation which I could've done my self.
He advised us to just apply for the K-1 Visa, however I will be going to the Philippines this coming February 2019 and will spend a month with her which will technically make our marriage "CONSUMMATED" and will become recognized for a I-130 petition.
My issue is, I will change my duty station in Dec 2019 and I do not know if I will be attached to a ship or actually sent overseas. I wanted to file as soon as I can.

Do you think it will be a problem if I file a K-1 Visa now (December 2018) but our marriage is actually going to be consummated in (Feb 2019)?

I really don't want to wait until it gets "consummated" because it'll also take some time off on the actual processing.

In addition, If I file a I-130 we don't even have any joint accounts yet because we just got married.

I hope you can advice me. Thank you!

K1 is for unmarried individuals throughout the entire process.  A consummated marriage renders any possibility of a k1 impossible 


YMMV

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CR1 is the way to go.


“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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Agreed with everyone else.

 

CR1 is the option now.


“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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1 minute ago, Kim Brown said:

No, she didn’t. She’s basically still single in the Philippines. 

 

In addition we are also same sex so it won’t be recognized there. 

You screwed the pooch by getting the proxy marriage.  

 

Basically, she married you while in a jurisdiction where it's illegal for her to do so.  You should have waited for her to be in a jurisdiction where it would be legal for her to marry a same-sex partner.

 

Go see an immigration lawyer well versed in immigration visas from the PI  Not JAG.  

There is NO WAY she will get a spousal visa in the PI for a same sex marriage because she will not be able to meet the PI's paperwork requirements for her to emigrate.  

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6 minutes ago, aaron2020 said:

You screwed the pooch by getting the proxy marriage.  

 

Basically, she married you while in a jurisdiction where it's illegal for her to do so.  You should have waited for her to be in a jurisdiction where it would be legal for her to marry a same-sex partner.

 

Go see an immigration lawyer well versed in immigration visas from the PI  Not JAG.  

There is NO WAY she will get a spousal visa in the PI for a same sex marriage because she will not be able to meet the PI's paperwork requirements for her to emigrate.  

Untrue.   You are dealing with the USA not the PI.


YMMV

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Just now, aaron2020 said:

Okay. 

 

So nothing is needed from the PI side for her to immigrate as the spouse of a USC?

She will get a CENOMAR but the marriage certificate will trump the indication of singleness.   In the same way a Filipino can get a k1 after a foreign divorce eventhough the individual will show being married in the PI


YMMV

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4 minutes ago, payxibka said:

She will get a CENOMAR but the marriage certificate will trump the indication of singleness.   In the same way a Filipino can get a k1 after a foreign divorce eventhough the individual will show being married in the PI

Don't see anyone getting married in a jurisdiction where it would be illegal.  BIG DIFFERENCE.

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3 minutes ago, aaron2020 said:

Don't see anyone getting married in a jurisdiction where it would be illegal.  BIG DIFFERENCE.

Seriously?  Divorce is not recognized in the PI just like same sex marriages.   Again, USA immigration is dependent on USA law.

Edited by payxibka

YMMV

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