Mailing address - Petitioner will come back to PH

[hopefulfor2021 31]

5 hours ago, Hank_ said:

U.S.  address

 

I agree - as others have said the IR/CR-1 visa is the better choice.

timeline for processing the petition at USCIS is about the same.   NVC will take maybe a month or two long.   Embassy most times the IR/CR-1 is approved quicker.

 

The real benefit is when arriving in the USA .. you can start your life there without being "home alone" for upwards of 6 months to process AOS (green card)   Secondary perk is the IR/CR-1 is cheaper for receiving the green card

Thank you so much!

 

What I'm getting is:

K1: Supposedly will reunite us faster (supposedly as the backlogs at USEM are currently piling up), but the application for green card will be more expensive AND will generally take the same amount of time as if we did IR/CR-1?

 

IR/CR-1: I'm a bit confused re: the timeline -- I've seen applications stretch out for -1-2 years..? But I do like that once we're together, I could help out w/ work. 

 

We are both healthcare workers, but I'm not sure that matters too much, granted that the petition we're filing does not and should not involve my employment. Hoping we could use this to expedite our case (I think I asked someone here as well re: this) - he doesn't have any family with him, and has been suffering mental and emotional repercussions (which we could provide medical proof for) bec of his current job (healthcare, covid) and being alone. This is really the reason why we want to get it done quickly, even if it means spending more money for now.. 

[Chancy 6,250]

12 hours ago, hopefulfor2021 said:

Basically - timeline for greencard is almost the same?

 

There are two timelines to consider -- time to visa and time to green card (after US entry).

 

Time to visa --

• Pre-COVID, spouse visa processing took about 1 to 2 years from petition filing up to visa on hand.  COVID delays don't seem to have affected the overall estimate much because spouse visas were designated as part of mission-critical services for US embassies.
• As for K1, visa processing took around 8 months to 1 year before the embassy closure due to COVID lockdowns.  Consider that in 2019, the US embassy in Manila issued around 700 visas per month.  In recent months, that number has dropped to around 50 per month because K1 visas are not deemed mission-critical by the embassy.  No one can predict what the timelines will be in the future, but I leave you to draw your own conclusions from those numbers.

Time to green card --

• For spouse visa holders, this is immediate upon US entry.  Their visa with entry stamp serves as temporary GC for a year.  With it, they can work and travel freely, even while waiting for their plastic GC in the mail.
• K1 visa holders must apply for a GC through adjustment of status after marriage in the US.  Depending on where the applicant lives, the AOS process could take 1 to 3 years.  Without a GC (or EAD/AP), they cannot legally work, and if they leave, they cannot re-enter the US.

 

[HRQX 4,146]

37 minutes ago, Chancy said:

and if they leave, they cannot re-enter the US.

And would then have to start IR-1/CR-1 process from scratch (i.e. I-130 petition filing).

[hopefulfor2021 31]

1 hour ago, Chancy said:

 

There are two timelines to consider -- time to visa and time to green card (after US entry).

 

Time to visa --

• Pre-COVID, spouse visa processing took about 1 to 2 years from petition filing up to visa on hand.  COVID delays don't seem to have affected the overall estimate much because spouse visas were designated as part of mission-critical services for US embassies.
• As for K1, visa processing took around 8 months to 1 year before the embassy closure due to COVID lockdowns.  Consider that in 2019, the US embassy in Manila issued around 700 visas per month.  In recent months, that number has dropped to around 50 per month because K1 visas are not deemed mission-critical by the embassy.  No one can predict what the timelines will be in the future, but I leave you to draw your own conclusions from those numbers.

Time to green card --

• For spouse visa holders, this is immediate upon US entry.  Their visa with entry stamp serves as temporary GC for a year.  With it, they can work and travel freely, even while waiting for their plastic GC in the mail.
• K1 visa holders must apply for a GC through adjustment of status after marriage in the US.  Depending on where the applicant lives, the AOS process could take 1 to 3 years.  Without a GC (or EAD/AP), they cannot legally work, and if they leave, they cannot re-enter the US.

 

I see. Thank you for clarifying.

 

Our main concern is really timing -- I guess the benefits of the CR1 come with waiting longer, but I get your point now. If we go with CR1, would it be worth a shot to try to expedite our case..? We're both in healthcare and while employment is not the main reason to expedite our case, is it advisable to go that route to hasten the process? Still reading up on the posts here but I read an entry abt it:

 

On 9/15/2020 at 2:38 AM, Jorgedig said:

No idea.  It's free to try though.

 

Not having things in the UK to pay for doesn't directly benefit a USC petitioner.

 

I think financial hardship expedite requests are generally more successful for spousal visa applicants, since they can work immediately, and don't have that large AOS fee.

It's just that we've been waiting really long to get married and be together (trying hard not to sound cheesy here), and up to this point, we were just really aiming for a faster process; considering that I could apply for an EAD if he needs help w/ work (though I understand this takes a while now, too!), and w/ the current situation, travel/leaving the US once I get in is out of the question for now (I've been staying in since March 😅)

 

And jsyk, thank you for taking the time to answer, this is really helping a lot. I appreciate it a lot!

 

Edited December 21, 2020 by hopefulfor2021

[hopefulfor2021 31]

53 minutes ago, HRQX said:

And would then have to start IR-1/CR-1 process from scratch (i.e. I-130 petition filing).

Got it, thanks for the heads up!

[Hank_ 9,174]

4 hours ago, hopefulfor2021 said:

Thank you so much!

 

What I'm getting is:

K1: Supposedly will reunite us faster (supposedly as the backlogs at USEM are currently piling up), but the application for green card will be more expensive AND will generally take the same amount of time as if we did IR/CR-1?

 

IR/CR-1: I'm a bit confused re: the timeline -- I've seen applications stretch out for -1-2 years..? But I do like that once we're together, I could help out w/ work. 

 

We are both healthcare workers, but I'm not sure that matters too much, granted that the petition we're filing does not and should not involve my employment. Hoping we could use this to expedite our case (I think I asked someone here as well re: this) - he doesn't have any family with him, and has been suffering mental and emotional repercussions (which we could provide medical proof for) bec of his current job (healthcare, covid) and being alone. This is really the reason why we want to get it done quickly, even if it means spending more money for now.. 

During this beer virus madness the embassy is processing IR/CR -1 (slowly but they are doing it), whereas they are not processing K-1 ...   

 

If the timeline for an IR/CR-1 goes beyond a year (normal times) it would most likely be because of specific issues with the applicant, not the visa type.

 

We did the K-1, knowing what I know now I would have done the IR/CR-1

[Chancy 6,250]

38 minutes ago, hopefulfor2021 said:

If we go with CR1, would it be worth a shot to try to expedite our case..?

 

Whether you pursue a CR1 or a K1 visa, your petitioner may send a request for expedite.

 

41 minutes ago, hopefulfor2021 said:

we were just really aiming for a faster process

 

As you see often here on VJ, nothing is fast with US immigration.  Before you start any immigration process, you better be prepared for lots and lots of waiting.  It's not much comfort but know that you are not alone.  Many of us here are waiting with you.  And no need to be embarrassed about cheesy stories.  We can all relate to the ups and downs of international relationships.

 

[Carpe Vinum 2,333]

5 hours ago, Allovertheworld said:

Why doesn't anyone apply for a fiance/spousal visa to live in the Philippines?

They do. They just don't post about it here on an American entry centered site.

[SalishSea 18,624]

2 hours ago, hopefulfor2021 said:

I see. Thank you for clarifying.

 

Our main concern is really timing -- I guess the benefits of the CR1 come with waiting longer, but I get your point now. If we go with CR1, would it be worth a shot to try to expedite our case..? We're both in healthcare and while employment is not the main reason to expedite our case, is it advisable to go that route to hasten the process? Still reading up on the posts here but I read an entry abt it:

 

It's just that we've been waiting really long to get married and be together (trying hard not to sound cheesy here), and up to this point, we were just really aiming for a faster process; considering that I could apply for an EAD if he needs help w/ work (though I understand this takes a while now, too!), and w/ the current situation, travel/leaving the US once I get in is out of the question for now (I've been staying in since March 😅)

 

And jsyk, thank you for taking the time to answer, this is really helping a lot. I appreciate it a lot!

 

Like everyone says, it is free to try.

 

They won't expedite for the reason of length of time of waiting.

 

Current wait times for EAD is upwards of 8 months.

[Allovertheworld 355]

3 hours ago, Hank_ said:

We did the K-1, knowing what I know now I would have done the IR/CR-1

Not Me, K1 was the best way to go

 

I had no desire to jump thru all the hoops to get married in the PHilippines.

 

I filed my K1 it was approved in about 25 days, I set the interview up in and flew into Manila met my fiance we did the K1 interview, they CO asked about 7 questions and said we are approved.  The CO seemed more excited for me than I was at the time, nice guy he was.

 

Spent couple more weeks in Philippines, hoped on plane for USA with my fiance beside me.  Got home file for 2 year greencard and after that filed for the 10 year greencard.  Never had to do any type of AOS or greencard interview, both were approved only had to go do biometrics for the 2 year GC.

 

Now we are doing her US Citizenship and I am hoping for them to waive that interview as well.

 

K1 was a no brainer for us...........

 

 

[hopefulfor2021 31]

3 hours ago, Hank_ said:

During this beer virus madness the embassy is processing IR/CR -1 (slowly but they are doing it), whereas they are not processing K-1 ...   

 

If the timeline for an IR/CR-1 goes beyond a year (normal times) it would most likely be because of specific issues with the applicant, not the visa type.

 

We did the K-1, knowing what I know now I would have done the IR/CR-1

 I really agree with you on that one.. this pandemic caused a lot of delays everywhere. 

[HRQX 4,146]

34 minutes ago, Allovertheworld said:

Now we are doing her US Citizenship and I am hoping for them to waive that interview as well.

It generally can't be waived since it's done at the same time as English and Civics tests. https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-1

In general, a naturalization applicant must demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage. An applicant must also demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics). These are the English and civics requirements for naturalization.

https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-2

An applicant has two opportunities to pass the English and civics tests: the initial examination and the re-examination interview. USCIS denies the naturalization application if the applicant fails to pass any portion of the tests after two attempts. In cases where an applicant requests a USCIS hearing on the denial, officers must administer any failed portion of the tests.

https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-3

The English and civics requirements do not apply to naturalization applicants who are unable to comply due to a “medically determinable” physical or developmental disability or mental impairment that has lasted, or is expected to last, at least 12 months. The regulations define medically determinable as an impairment that results from abnormalities which can be shown by medically acceptable clinical or laboratory diagnostic techniques.^[3]

The applicant has the burden of proof, by a preponderance of the evidence standard, to demonstrate that he or she has a disability or impairment that affects functioning such that, even with reasonable accommodations, he or she is unable to meet the English and civics requirements for naturalization. Illiteracy alone is not a valid reason to seek an exception to the English and civics requirements. In addition, advanced age, in and of itself, is not a medically determinable physical or developmental disability or mental impairment.

A licensed medical professional^[4] must complete the form and certify, under penalty of perjury, that the applicant’s medical condition prevents the applicant from meeting the English requirement, the civics requirement, or both requirements.

[hopefulfor2021 31]

3 hours ago, Chancy said:

 

Whether you pursue a CR1 or a K1 visa, your petitioner may send a request for expedite.

 

 

As you see often here on VJ, nothing is fast with US immigration.  Before you start any immigration process, you better be prepared for lots and lots of waiting.  It's not much comfort but know that you are not alone.  Many of us here are waiting with you.  And no need to be embarrassed about cheesy stories.  We can all relate to the ups and downs of international relationships.

 

That’s true. But I do find comfort that there are people here who are willing to help and give advice, more so that we are all going through the same thing. Thank you again for taking the time to reply, it’s been really helpful! Will keep everything in mind and might have to have a discussion w/ my fiance re: our choices 👍🏻

[hopefulfor2021 31]

1 hour ago, Jorgedig said:

Like everyone says, it is free to try.

 

They won't expedite for the reason of length of time of waiting.

 

Current wait times for EAD is upwards of 8 months.

That’s true, no harm in trying 😅 thank you for the estimate for the EAD!

[Allovertheworld 355]

1 minute ago, HRQX said:

It generally can't be waived since it's done at the same time as English and Civics tests. https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-1

In general, a naturalization applicant must demonstrate an understanding of the English language, including an ability to read, write, and speak words in ordinary usage. An applicant must also demonstrate a knowledge and understanding of the fundamentals of the history and principles and form of government of the United States (civics). These are the English and civics requirements for naturalization.

https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-2

An applicant has two opportunities to pass the English and civics tests: the initial examination and the re-examination interview. USCIS denies the naturalization application if the applicant fails to pass any portion of the tests after two attempts. In cases where an applicant requests a USCIS hearing on the denial, officers must administer any failed portion of the tests.

https://www.uscis.gov/policy-manual/volume-12-part-e-chapter-3

The English and civics requirements do not apply to naturalization applicants who are unable to comply due to a “medically determinable” physical or developmental disability or mental impairment that has lasted, or is expected to last, at least 12 months. The regulations define medically determinable as an impairment that results from abnormalities which can be shown by medically acceptable clinical or laboratory diagnostic techniques.^[3]

The applicant has the burden of proof, by a preponderance of the evidence standard, to demonstrate that he or she has a disability or impairment that affects functioning such that, even with reasonable accommodations, he or she is unable to meet the English and civics requirements for naturalization. Illiteracy alone is not a valid reason to seek an exception to the English and civics requirements. In addition, advanced age, in and of itself, is not a medically determinable physical or developmental disability or mental impairment.

A licensed medical professional^[4] must complete the form and certify, under penalty of perjury, that the applicant’s medical condition prevents the applicant from meeting the English requirement, the civics requirement, or both requirements.

We will see. I am hoping with the COVID we can get the trifecta and get it waived.  If not no biggie, the hard part is over with she has her 10 year greencard and that really all that matters.