Which Visa is easiest and best, K-1, K-3 or CR-1 for my situation?

[Unlockable 7,306]

***Posts edited to remove unapproved language. Reminder to not use inappropriate language on this forum.

 

VJ Moderation

[mushroomspore 3,043]

1 hour ago, Jimmyzr1 said:

First of all, I initially visited my girlfriend in the Philippines in October of 2018, traveled the country and with her, then came back to the US. I moved there in January of 2019, leased a couple of houses, then moved back to the US in February of 2021. We married online through Utah on a zoom wedding in December of 2021.

I am wondering if I should go to the the Philippines to consummate the marriage for the CR-1 requirements, which in Manila is starting to lockdown for unvaccinated, like myself, or stay in the US and file a K-1, K-3 Visa? If I try to go to the Philippines currently, they could shut down totally for foreign, unvaccinated between when I purchase the airfare and book quarantine hotel and actually get there. I would have to currently book a 7 night hotel, which could change to up to 14 nights.

Also, the President is not currently letting unvaccinated move in or around the city. I would have to travel an hour away after quarantine, if even allowed to travel. I have heard of others getting stuck in the quarantine hotel, saying they tested positive for covid, even though no symptoms and would either have to stay there 14 nights, or maybe get moved to a government facility.

Things there could worsen at any time. It would be pretty costly, Probably spending at least $3000, could be much more, between airline tickets, meals, covid tests for a 3-5 week stay. Altogether, the trip could get up to $4-5000, all said and done. 

The main thing I’m considering is which way would be the quickest and easiest avenue to get her and her son to the US during this covid (removed)? I realize the CR-1 is only one step, the K-1 or K-3 requires 2 long processes to be completed. I may also end up having to hire help with processing the paperwork as I seem to get off track or at times. 

The next thing I’m wondering about, is I’m planning on moving, probably back east somewhere, possibly South Carolina or Florida, moving away from California. I’ve heard California has long processing times, but maybe everywhere does. Are any states to file quicker than others? Thanks for any help or advice!

Also, K3 visas are basically dead. CR1 visa is your only option. The state you live in has no bearing on processing time as visas are issued by the embassy or consulate abroad, which are under the jurisdiction of the Department of State.

[Jimmyzr1 34]

2 minutes ago, mushroomspore said:

Also, K3 visas are basically dead. CR1 visa is your only option. The state you live in has no bearing on processing time as visas are issued by the embassy or consulate abroad, which are under the jurisdiction of the Department of State.

Would it matter, if and when I move to a different state in the US, after I file, which is my plan also. Can that delay anything?

[mushroomspore 3,043]

15 minutes ago, Jimmyzr1 said:

Would it matter, if and when I move to a different state in the US, after I file, which is my plan also. Can that delay anything?

As stated, your state of residence has no bearing in CR1 visa processing times as states have no adjudicating power in visa processes.

[Chancy 6,233]

*** Moved from K1 to IR1/CR1 Process & Procedures -- OP is already married to the intended beneficiary ***

 

[SalishSea 16,771]

43 minutes ago, Jimmyzr1 said:

Would it matter, if and when I move to a different state in the US, after I file, which is my plan also. Can that delay anything?

Just make sure to change your address with USCIS, within ten days, if you move.

 

Obviously only needed if you’ve filed something with them by the time you move.

[pushbrk 12,110]

2 hours ago, Jimmyzr1 said:

Also, many couples with online marriages now have never even met in person before and are just marrying to get over to the Philippines now to be with their girl. Which is really crazy, IMO.

Carrying on to elaborate on your travel issues.  First, at the moment, tourists are not allowed to enter the Phils from any country, vaccinated or not.  Since you are married, you can apply for and obtain a visa for spouse of Filipino, in order to visit the Philippines (and consummate your marriage etc.)  However, if you are unvaccinated, you'll need to deal with any quarantine and/or lockdown issues that apply.  There is no way around this.   Once you've consummated the marriage, you can begin the spouse visa process.  (CR1 or IR1)

 

Yes, people are marrying by proxy in order to visit their loved on in the Philippines, but that's only the beginning.

[Mike E 11,723]

2 hours ago, Dashinka said:

I expect it would be the date on the marriage certificate.

 

2 hours ago, Boiler said:

Date of marriage certificate 

Quite the loop hole.  

[pushbrk 12,110]

6 minutes ago, Mike E said:

 

Quite the loop hole.  

Yes, I expect to see this revisited at some point, but I don't see a change of policy without changing the law first.  You never know.  Kind of a moot point now, as most immigrant visa cases are taking two years or so anyway.

Edited January 11, 2022 by pushbrk

[Jimmyzr1 34]

24 minutes ago, pushbrk said:

Carrying on to elaborate on your travel issues.  First, at the moment, tourists are not allowed to enter the Phils from any country, vaccinated or not.  Since you are married, you can apply for and obtain a visa for spouse of Filipino, in order to visit the Philippines (and consummate your marriage etc.)  However, if you are unvaccinated, you'll need to deal with any quarantine and/or lockdown issues that apply.  There is no way around this.   Once you've consummated the marriage, you can begin the spouse visa process.  (CR1 or IR1)

 

Yes, people are marrying by proxy in order to visit their loved on in the Philippines, but that's only the beginning.

Yes, mostly what I figured. I just hope Duterte or the government doesn’t try to change the policy about letting unvaccinated foreigners in the country after I’ve booked and paid quarantine hotel and airline tickets, before actually getting there!

[Jimmyzr1 34]

I only want to stay there for as little time as possible, 3-5 weeks max, to get this requirement over as Manila and surrounding areas are getting even more restrictive than when I lived in Cebu City with her before. She’s now in bulacan with her family.

[hunny&me 267]

Just for information, Utah Web-Conference wedding is not a proxy wedding as couple represents themselves and not by another person.   https://www.utahcounty.gov/Dept/ClerkAud/PassMarr/WebCeremonyFAQ.asp

But as an immigration requirement, the meet is important to complete the marriage.
Am a former Filipino, flew to Philippines and married my fiance.  I consider it as a Destination Wedding, since we are together.   We married in Sept 2021 and got approved for I-130 in November 2021.
Here is my suggestion: 
Go visit your wife in the Philippines. 

 While you are waiting to be together, compile your story - before and during marriage into a word document - From when you met.  (That is what I did.  I collected FB postings, letters/cards we sent each other - for the 14 months before wedding, scan them and dated them)  Then attached our wedding ceremony(Utah screenshots of who attended, presided - if you do not have screenshot, I hope you still have the recording.  If you got married via the site - link I provided, you can email them and see if they still have a recording they can email you.  Our recording did not save, so I emailed them and they sent me their copy).  Prepare your I-130/I-130A form, read the requirements and scan them.  
Once you are in Philippines with your wife, take more pictures together... and attach them to your story. along with the your boarding passes, receipts of restaurants- dine out -, time you spent together.. then create them to PDF, 6mb MAX each file.  (I got 49 pages on mine and split them to 5 PDF files as my Evidence)
Other Evidence I have was adding my husband to my health insurance thru work,

While in Philippines, you can file your I-130 online with all the requirements you have gathered... Then enjoy your togetherness!

When you're back in US, file I-129F K3, you need your I-130 NOA1.  This is free filing, the evidence that you used above, use it here too.  I know K3s are dead, but during my wait, all those I was following that got approved fast all have K3s.  Coincidence maybe, but nothing to lose.  After I got my I-130 approval, I received I-129F denial.

Hope this helps!  Sadly, cannot say much on ticket price!  I wanted to visit again, but plane ticket alone multiplied at least 3 times.  I didn't mind the 10-day hotel quarantine last September, am glad to see shorter days now... but at the moment, can't stomach-in the ticket price.  Thanks for Messenger, we are online nearly 24/7

 

 

[Jimmyzr1 34]

20 minutes ago, hunny&me said:

Just for information, Utah Web-Conference wedding is not a proxy wedding as couple represents themselves and not by another person.   https://www.utahcounty.gov/Dept/ClerkAud/PassMarr/WebCeremonyFAQ.asp

But as an immigration requirement, the meet is important to complete the marriage.
Am a former Filipino, flew to Philippines and married my fiance.  I consider it as a Destination Wedding, since we are together.   We married in Sept 2021 and got approved for I-130 in November 2021.
Here is my suggestion: 
Go visit your wife in the Philippines. 

 While you are waiting to be together, compile your story - before and during marriage into a word document - From when you met.  (That is what I did.  I collected FB postings, letters/cards we sent each other - for the 14 months before wedding, scan them and dated them)  Then attached our wedding ceremony(Utah screenshots of who attended, presided - if you do not have screenshot, I hope you still have the recording.  If you got married via the site - link I provided, you can email them and see if they still have a recording they can email you.  Our recording did not save, so I emailed them and they sent me their copy).  Prepare your I-130/I-130A form, read the requirements and scan them.  
Once you are in Philippines with your wife, take more pictures together... and attach them to your story. along with the your boarding passes, receipts of restaurants- dine out -, time you spent together.. then create them to PDF, 6mb MAX each file.  (I got 49 pages on mine and split them to 5 PDF files as my Evidence)
Other Evidence I have was adding my husband to my health insurance thru work,

While in Philippines, you can file your I-130 online with all the requirements you have gathered... Then enjoy your togetherness!

When you're back in US, file I-129F K3, you need your I-130 NOA1.  This is free filing, the evidence that you used above, use it here too.  I know K3s are dead, but during my wait, all those I was following that got approved fast all have K3s.  Coincidence maybe, but nothing to lose.  After I got my I-130 approval, I received I-129F denial.

Hope this helps!  Sadly, cannot say much on ticket price!  I wanted to visit again, but plane ticket alone multiplied at least 3 times.  I didn't mind the 10-day hotel quarantine last September, am glad to see shorter days now... but at the moment, can't stomach-in the ticket price.  Thanks for Messenger, we are online nearly 24/7

 

 

Yes, they sent me the video after I requested it. Isn’t the I-129f for the k-1 Visa, or also for the k-3? How would it be free filing if filing it after the CR-1 since I have to pay for CR-1 and I don’t yet know what other forms I have to file? I think I read an I-130a also and maybe something like an 864 or something like that. Thanks, for your advice.

[Boiler 43,434]

Forget the K3 and read the CR1 guides

[hunny&me 267]

10 minutes ago, Jimmyzr1 said:

Yes, they sent me the video after I requested it. Isn’t the I-129f for the k-1 Visa, or also for the k-3? How would it be free filing if filing it after the CR-1 since I have to pay for CR-1 and I don’t yet know what other forms I have to file? I think I read an I-130a also and maybe something like an 864 or something like that. Thanks, for your advice.

I129-F is for K1/K3.  When you read and fill it up, you will see and have better understanding of it, no cost for K3.  Again, this is optional.   I-130 is for you - this is what you file up online to file online (i suggest filing online so that you can upload your scanned documents properly).  One of the scanned document is I-130A which is information for your spouse.  I-864 affidavit of support (AOS) is still after I-130 approval, NVC stage.  (Right now that is where ours are).  We were shocked by our Nov 2021 approval, and my husband's NBI clearance appt is not until Dec 1.  So, we were able to submit all NVC requirements on 12/1.  NVC have a 3-month backlog at this time.

Edited January 11, 2022 by hunny&me