Jump to content

5 posts in this topic

Recommended Posts

I am a US citizen (born in the USA) living in the Philippines since July 2019. I have a fiance here (we've been together for 11 months) and we are planning to get married in the next month in the Philippines. We want to be able to move back to the USA as soon as possible because I have better job opportunities there, but in the meantime I'll still be living in the Philippines. A few questions:

 

  1. If we get married in the Philippines, do we still have the option of doing a K-1 process and getting married in the USA as well?
  2. If I'm still living in the Philippines and we get married, can I even file the I-130 abroad (online) or would we need to get married and I would go back to the USA and file the I-130?

 

Regarding #2, here's a longer context for my question: I read about the DCF which at first seemed like the best/fastest option. We'd get married in the Philippines, I'd file do a DCF/I-130 at the consulate here and the process would be relatively quick. However, after looking into that, it seems like the consulate no longer allows you to file there unless you meet exceptional circumstances and everyone has to file online or through the Dallas lockbox. If the DCF isn't an available path, is it still possible to do this I-130 process through USCIS website while I'm residing abroad in the Philippines or would we need to get married in the Philippines then I'd have to go back to the USA to file her I-130 stuff?

 

We can get married in the Philippines or we can wait and get married in the USA. It doesn't matter to us, but I'd like to know in advance what the quickest path to coming back to the USA (with her) generally is so we can plan accordingly. We'd like to avoid being separated for 6+ months or years waiting for immigration processing regardless of what path we take.

Edited by dephekt

Share this post


Link to post
Share on other sites

1. If we get married in the Philippines, do we still have the option of doing a K-1 process and getting married in the USA as well?

No. Once you are married anywhere, you can not do the fiancee visa, which is what the K-1 is - it is for fiancees, not spouses. You would need a spousal visa once married anywhere.

No. You cannot get married twice, without getting a divorce between the two marriages.

If you mean, can we have two wedding ceremonies, well, if you go through a "wedding-like" ceremony anywhere, US Immigration might consider you to be ineligible for the K-1 (basically seeing you as "too married" already.)

So, having any such ceremony before, during, or even after filing for the fiancee visa is ill-advised.

 

2. If I'm still living in the Philippines and we get married, can I even file the I-130 abroad (online) or would we need to get married and I would go back to the USA and file the I-130?

Yes, you can file the I-130 while abroad.

You will have to demonstrate that you are still domiciled/reside officially in the US, or show definite plans to be domiciled in the US, since the whole purpose of the visa is for both of you to reside in the US.

 

3. If the DCF isn't an available path, is it still possible to do this I-130 process through USCIS website while I'm residing abroad in the Philippines or would we need to get married in the Philippines then I'd have to go back to the USA to file her I-130 stuff?

(We did DCF in Manila back in 2016, by the way. It was great.) 

DCF is no longer available in the Philippines.

You can get married in the Phils, and file the I-130 from there, as mentioned above.

 

 

Edited by Suze1

Profile pic - Rainbow Tower of the Hilton Hawaiian Village - Waikiki, Honolulu, Hawaii.

Why this for the profile pic?  Often in movies and on TV when they show Hawaii they show this beach/view. So, instead of doing Kauai or some other locale, we decided to do here, so that whenever some show shows Hawaii and this view, we will see where we were married.

 

BENEFICIARY (From Dubai)

2012 - US Tourist Visa, Manila, Philippines

2012 - First Night spent in the US - Waikiki Beach, Honolulu

 

2016 - Wedding on the beach, Honolulu, Hawaii

2016 - Honeymoon at the hotel in this photo, Waikiki, Honolulu, Hawaii

            They were filming a scene of Hawaii Five-O in the suite above ours during our Honeymoon stay! Actors everywhere!

            Spouse hung out here with celebrities from the movie The Fifth Element back when he moved to Hawaii

2016 - US Spousal Visa, via DCF, Manila, Philippines

....................................

PETITIONER (from NYC)

1999 - Got a place right down the street from this hotel - Waikiki, Honolulu, Hawaii

2007 - Visited Philippines on vacation

2008 - Got a condo in Makati, PH

2012 - Considered for a role on the TV show, The Last Resort, shot out of Hawaii

 

....................................

SUMMARY TIMELINE

06/2011 - Met Spouse in Makati, Philippines

01/2012 - B1/B2 Tourist Visa, Manila, Philippines

10/2016 - Married in Hawaii

11/2016 - Filed for Spousal Visa DCF, in Manila, Philippines

12/2016 - POE, CR-1 Status Received

10/2018 - ROC I-751 Received by USCIS

10/2019 - Filed for Citizenship, N-400

03/2020 - Citizenship Ceremony

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

If you have extenuating circumstances, I would pursue DCF.  In fact, I would not even consider filing a stateside petition until I had an answer from the consulate.  Unfortunately,  acceptance is a bit subjective and not guaranteed even if you meet the criteria. 

 

 

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites

*** Topic moved to  What Visa Do I Need - Family Based Immigration 

 

VJ Moderation


“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 all.” - Unlockable

Share this post


Link to post
Share on other sites
5 hours ago, dephekt said:

We'd like to avoid being separated for 6+ months or years waiting for immigration processing regardless of what path we take.

No one wants to be separated during the process.  However, we don't always get what we want.  Conventional wisdom (Pre-Covid) says that a K-1 would be a little faster.  However, spousal visas seem to be considered mission critical, and some are being issued now.  I haven't seen any K-1s issued for a while.  Aside from speed, there are other differences worthy of consideration.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

    Intent to deny can be reviewed and rebutted
  �


 


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...