Review my plan and see if you spot issues / have concerns.

[TO285 1]

I'm in my early 30s, Fiancé is in her mid 20s. We've been together about 3 years, she's in the Philippines, and she just finished grad school. I have a bachelors degree but I plan to go back to school potentially for an accelerated 1 year nursing program next year.

 

My income is low for a variety of reasons (kind of hermited during the first year of covid, and took also care of my mom whose health is somewhat poor). I made about $21k last year, projected to be around $18k this year due to taking a lot of additional classes this year and my job cut out the pandemic bonuses they had. I do have a modest amount of assets invested in stock indexes in a retirement ROTH IRA / 401k, and some in a brokerage that could potentially be used if asset amounts are requested by USCIS to make up a shortfall in income. 

 

Anyway.

 

1. I'm planning to travel to the Philippines in August, we're considering getting married online via Utah Online Wedding while in the same place together. We're thinking of doing it this way because getting married in the PH can take 2-4 weeks, and requires an embassy visit to get the sworn statement of being single in my case. We figured if we did it with Utah we could do it simple/fast and spend more time together as a married couple.
2. I believe once we're married and since I'll be there with her in the same room that the marriage will be considered "consummated". I'll have a digital marriage certificate and I can start going through the application packet for the I-130 as I have time and get that ready to be submitted with associated documents. I'll also have to order an Apostilled certificate I believe for the ROM, but I don't think this is required for the I-130.
3. While I'm there, we'll get the documents sorted for the Report of Marriage Abroad (ROM) and get those signatured and notarized together in the Philippines. I will bring these documents back with me, including copies of her PSA Birth Cert, copies of her personal identification such as passport, and her CENOMAR.
4. When I come back to the USA, I'll file for the ROM with the Philippine Consulate in San Francisco with the document packet they require.
5. If I haven't already submitted it while I'm in the PH, I can submit the application for the I-130.
6. While I'm in the PH I'll also be job hunting so that when I come back to the USA, God willing I'll have additional work hours and can raise my income level up a bit more for the year and also packrat more savings for future studies.
7. During the time away, the wife would be preparing for her PRC licensure in the PH (medical field related degree) because I want her to have her PRC License as a fallback in case something ever happened to me, and as long as she can get enough CEUs over time she can keep it active even if she's not physically in the PH all the time. She'd likely go back to school eventually in the USA as she can't work with her graduate profession in the USA without additional training and certification, but she could work other related fields until she finished school.

 

My biggest concern is making sure that the marriage is considered consummated for the I-130 and Utah online wedding. Will a Zoom Video along passport stamps (showing arrival and departure dates) that we were together when we got married, and notarized ROM showing that we were both there in the PH and signing it post-nuptial be enough for USCIS?

 

Second concern is income level, my income level is below the $22,887 required for 2022, and probably still will be for 2023 if I start nursing school in mid-2023 as I won't be able to work full time. (Nursing school is extremely busy body and stressful.) I know that I can use assets to make up the difference in income 3x, so if the shortfall is $5000, then I need $15k in assets, and so forth, if I'm understanding it correctly. I'm also aware that co-sponsors can be used with spousal visas but I'm not sure that I can find one, as I don't really have family or close friends.

 

Just reaching out and seeking thoughts/concerns/suggestions.

 

For those of you that may suggest fiancé visa: We've thought about it off and on, and it seems to me that spousal visa's have a higher approval rate, and I can use assets and co-sponsors for it. Plus when she did arrive in the USA she'd be able to be as busy as she feels comfortable to be, instead of being forced to stay home  for 3-6 months waiting for greencard approval.

Edited July 22, 2022 by TO285

[Crazy Cat 42,129]

10 minutes ago, TO285 said:

Will a Zoom Video along passport stamps (showing arrival and departure dates) that we were together when we got married, and notarized ROM showing that we were both there in the PH and signing it post-nuptial be enough for USCIS?

Yes.

I would get a well-qualified joint sponsor.

[Chancy 6,243]

10 minutes ago, TO285 said:

Will a Zoom Video along passport stamps (showing arrival and departure dates) that we were together when we got married, and notarized ROM showing that we were both there in the PH and signing it post-nuptial be enough for USCIS?

 

Passport stamps, supported by your pictures together, will be enough evidence for USCIS.  Video evidence is not accepted.  Notarized ROM is not necessary for the I-130.  ROM is only required for CFO and if your spouse-to-be wants to get a passport in her married name.

 

[TO285 1]

3 minutes ago, Chancy said:

 

Passport stamps, supported by your pictures together, will be enough evidence for USCIS.  Video evidence is not accepted.  Notarized ROM is not necessary for the I-130.  ROM is only required for CFO and if your spouse-to-be wants to get a passport in her married name.

 

Yeah, I'm aware the ROM isn't needed for I-130, but I figured a legal related document in the PH with signatures and notarization saying "Hey, these two people were in that office at x time on x date and this notarization proves it." may be helpful. Maybe not? Was a thought anyway.

[Adventine 3,207]

7 minutes ago, TO285 said:

Yeah, I'm aware the ROM isn't needed for I-130, but I figured a legal related document in the PH with signatures and notarization saying "Hey, these two people were in that office at x time on x date and this notarization proves it." may be helpful. Maybe not? Was a thought anyway.

 

You are probably thinking of the US-style notary system, where the notary sees people sign documents in person. It doesn't work that way in the Philippines. Documents can be notarized without the signatories present. 

 

Passport stamps are enough proof of time spent together. If you really want more proof, consider photos as mentioned by @Chancy, hotel bookings, credit card statements with transactions made in the Philippines, proof of domestic trips taken together.

Edited July 22, 2022 by Adventine

[TO285 1]

11 minutes ago, Adventine said:

 

You are probably thinking of the US-style notary system, where the notary sees people sign documents in person. It doesn't work that way in the Philippines. Documents can be notarized without the signatories present. 

 

Passport stamps are enough proof of time spent together. If you really want more proof, consider photos as mentioned by @Chancy, hotel bookings, credit card statements with transactions made in the Philippines, proof of domestic trips taken together.

 

Yeah, I was thinking of how it is in the USA. Thank you for letting me know that the ROM is pointless for the I-130. Would getting it notarized and signed in the PH for both of us, still be acceptable for the ROM process at the consulate? I believe it's five copies that they require. Usually most people have the foreign spouse sign in the PH and then the US spouse signs and gets it notarized here in the USA but I wouldn't see why it couldn't be done in the PH together.

[TO285 1]

36 minutes ago, Crazy Cat said:

Yes.

I would get a well-qualified joint sponsor.

I'll keep it in mind about the sponsor and see what I can come up with. It will be difficult as my extended family is a no-go, and my mom is only on social security. No one else left sadly, most of my family passed on earlier in my life.

[Adventine 3,207]

@TO285 I never did the ROM so I'll let others chime in on that point. 

 

If you have trouble finding someone to be a co-sponsor, you'll have to rely on whatever assets you have saved up. The more you have, the better your case looks to the consular officer. I highly recommend that you get the highest-paying US job you can find and save as much of that income as you can. Whatever it takes: getting a roommate, selling stuff, driving less, etc.

Edited July 22, 2022 by Adventine

[RO_AH 1,662]

8 hours ago, TO285 said:

I'm planning to travel to the Philippines in August, we're considering getting married online via Utah Online Wedding while in the same place together.

Why? You are only delaying the process. The biggest advantage of online marriage is that you don't have to be at the same place at the same time to do it. Please check out this post. It should clear up some of your misconceptions.

 

7 hours ago, TO285 said:

Yeah, I was thinking of how it is in the USA

Please don't ever make that mistake. Have you ever been to the Philippines yet?

7 hours ago, TO285 said:

I'll keep it in mind about the sponsor and see what I can come up with. It will be difficult as my extended family is a no-go, and my mom is only on social security. No one else left sadly, most of my family passed on earlier in my life.

You only have 2 options. Qualify yourself or get a joint sponsor.

[TO285 1]

15 minutes ago, RO_AH said:

Why? You are only delaying the process. The biggest advantage of online marriage is that you don't have to be at the same place at the same time to do it. Please check out this post. It should clear up some of your misconceptions.

 

Please don't ever make that mistake. Have you ever been to the Philippines yet?

 

The delay as far as the online goes was because I'm taking several summer classes and she's reviewing for her licensure exams, and she only just recently got her Postal ID/Passport that is required for the Utah Online Wedding.

 

We could do it now, we were just sort of waiting a little bit longer for things to settle down and my trip is in about 3 weeks.

 

As if I've been to the PH. I've been there twice so far, but it's been 2.5 years now due to Covid since the last time. I'm aware things are different there, I just figured notarization was a similar process, but I was mistaken. 

[top_secret 2,492]

On 7/22/2022 at 9:00 AM, TO285 said:

Would getting it notarized and signed in the PH for both of us, still be acceptable for the ROM process at the consulate? I believe it's five copies that they require. Usually most people have the foreign spouse sign in the PH and then the US spouse signs and gets it notarized here in the USA but I wouldn't see why it couldn't be done in the PH together.

 If you are together at the same time, at the same place, it is definitely desirable to sign and notarize (all 5 original copies)  together.  It doesn't matter where you are (we got ours notarized in Cuzco Peru by a Peruvian Notaria) but both in the same place at the same time with the notary makes things easier.

[Palawan 131]

On 7/22/2022 at 10:47 AM, Adventine said:

 

You are probably thinking of the US-style notary system, where the notary sees people sign documents in person. It doesn't work that way in the Philippines. Documents can be notarized without the signatories present. 

 

 

Didn't work that way for me, The lawyer had to come to where I was to see my sign it in person.