HELP!

[Crazy Cat 39,227]

Hopefully, you can get through the CR-1 process smoothly.. It is much better than the K-1 for most people, anyway.

[Kim Brown 0]

Proxy marriage is legal in the states, and I’m not trying to immigrate to the PI cos I was a citizen there before, so all the law we abide to is with the U.S. jurisdiction. 

 

As much as I’d like to apply for a CR-1 for her, our marriage is not even recognized by USCIS yet? 

 

I guess we really just just have to wait until we consummate it? 

 

In addition, I’d like to ask if anyone know if I can apply in person in the Philippines instead. I’ve read so much about it but I’m just not entirely sure as to how that’ll work if I’m active duty military? 

[payxibka 10,044]

4 minutes ago, Kim Brown said:

Proxy marriage is legal in the states, and I’m not trying to immigrate to the PI cos I was a citizen there before, so all the law we abide to is with the U.S. jurisdiction. 

 

As much as I’d like to apply for a CR-1 for her, our marriage is not even recognized by USCIS yet? 

 

I guess we really just just have to wait until we consummate it? 

 

In addition, I’d like to ask if anyone know if I can apply in person in the Philippines instead. I’ve read so much about it but I’m just not entirely sure as to how that’ll work if I’m active duty military? 

You must have 6 mos. legal residency in the PI to file at the uscis field office in Manila for a spousal.  To the best of my knowledge,  no exceptions.

Edited December 11, 2018 by payxibka

[Kim Brown 0]

I guess the only thing I can do is really wait? 

[payxibka 10,044]

2 minutes ago, Kim Brown said:

I guess the only thing I can do is really wait? 

It appears you are in limbo land right now.  

[Kim Brown 0]

2 minutes ago, payxibka said:

It appears you are in limbo land right now.  

 

 I’m already thinking of hiring an immigration lawyer but I’m really trying to figure this on my own as much as possible so it costs less. 

[payxibka 10,044]

2 minutes ago, Kim Brown said:

 

 I’m already thinking of hiring an immigration lawyer but I’m really trying to figure this on my own as much as possible so it costs less. 

In reality once you have a recognizable marriage,  despite what some say, you have a straightforward case.  Plenty is ss couples on this site including at least one from the PI 

[Ben&Zian 4,397]

If you want to do the K-1 visa process you would need to dissolve the proxy marriage officially and then reapply. 

 

For a CR-1 the proxy marriage has to be "completed" so be recognized by USCIS. Then you can go that route.

 

But like everyone else, at this stage, K-1 doesn't work and the proxy marriage by itself doesn't seem to hold the weight needed.

[geowrian 22,335]

The issue with a K-1 is that while USCIS doesn't recognize the marriage for immigration purposes, the marriage is still legal otherwise. You would not be able to show that you intend to marry within 90 days in the US since you are already married according to federal and/or state law.

 

I concur with doing a CR-1 (after meeting in person at least once..be sure to hold on to evidence of that meeting!).

While nothing noted is an issue for US immigration there (other than proxy cases do tend to be more scrutinized IMO), I'm honestly unsure of how CFO will go...would they recognize it and issue the sticker? Instinct says yes as I can't think of a specific reason for them not to, but I can't say I'm 100% sure.

Edited December 11, 2018 by geowrian

[javadown2 308]

2 hours 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!

I'm really confused (and know nothing about proxy marriages) but if it is an actual legal form of marriage then in fact you can't file a K-1. Did you not research on your own the requirements of a K-1 visa before doing this? The military legal system probably isn't your best source for marriage/immigration help, obviously they were wrong in telling you to do a k-1. It seems like you need to do some more research and abandon the idea of a K-1. 

[John & Rose 7,237]

As far as the joint account part of the question, the CO will understand the limitations.  I am married to a filipina and I can't be on her accounts there and she can't be on my accounts here since she has no SSN.  It is just what it is.  I did get them on my insurance so that is something.  There are not a lot of options until we are together.  The CO understands that.  You will find something to help prove a bona fide relationship.

[lummo 61]

4 hours ago, payxibka said:

To the best of my knowledge,  no exceptions.

@Kim Brown, for active duty U.S. Military stationed permanently at a base in USCIS Manila's jurisdiction there is an exception to the 6 month residency requirement; see "Form I-130, Petition for an Alien Relative" section https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

Edited December 12, 2018 by lummo

[payxibka 10,044]

1 minute ago, lummo said:

@Kim Brown, for active duty U.S. Military stationed permanently at a base in USCIS Manila's jurisdiction there is an exception to the 6 month residency requirement; see "Form I-130, Petition for an Alien Relative" section https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

There's the rub.  She is not based in the Philippines 

[lummo 61]

3 minutes ago, payxibka said:

There's the rub.  She is not based in the Philippines 

True, but you stated "no exceptions."

*And USCIS Manila's jurisdiction is the Philippines, New Guinea, Micronesia, Marshall Islands, Palau, Kiribati, Tuvalu, Fiji, Vanuatu, Solomon Islands, Tonga, Samoa, Wallis, Futuna, New Caledonia, Pitcairn Island, Overseas French territories of French Polynesia, and most island nations in the Pacific region that are not covered by the other Field Offices in the Asia/Pacific District. Just a FYI.

Edited December 12, 2018 by lummo

[geowrian 22,335]

There's always exceptions to the rule. There's a list of qualifying exceptional circumstances for DCF.

To qualify, one needs an exceptional circumstance.