I130 the best option?

[Shikomiro 0]

Hello everyone,

I am a USC. Looking for some advice with my somewhat unique situation. 
In 2017 I got married to someone who came here under a K1 visa. In 2022 we informally separated, and in January 2023 the divorce was finalized. I have met someone in February 2023, from the same country as my ex. Met in person for 3 weeks in February/March. And I'm going back to visit this July. I'm planning to make visits every 6 months until she will have a visa approved. In my situation, since it's pretty fast between my divorce being finalized and finding someone else. is it better to get married in July and file a i130, or is a i129f the better choice? We are both ready and willing to get married in July. We want to go the route that will have the least amount of problems.
Any advice is much appreciated.

[carmel34 3,639]

16 minutes ago, Shikomiro said:

is it better to get married in July and file a i130, or is a i129f the better choice?

A spousal visa, starting with marriage somewhere, then filing an I-130 petition, is the better choice.  Fiancé visas (K-1) are taking the same amount of time or longer right now, and a spouse entering with a CR-1/IR-1 can work, get a driver's license, and leave the US immediately upon entry, vs K-1s who have to wait a year or longer, during which they are severely restricted during the adjustment of status process.

Edited June 3, 2023 by carmel34

[Just Paul 4,595]

51 minutes ago, Shikomiro said:

In my situation, since it's pretty fast between my divorce being finalized and finding someone else

It is what it is. If you want to marry then do it and then file.  It is still important to spend as much time as possible through out the process. K1s are really stressful on a relationship.

[Timona 4,207]

Is the country high fraud? Which country are we talking about exactly? 

 

Any age difference?

[Shikomiro 0]

1 minute ago, Timona said:

Is the country high fraud? Which country are we talking about exactly? 

 

Any age difference?

She's in the Philippines, and it's a 12 year age difference.

[Just Paul 4,595]

2 minutes ago, Shikomiro said:

She's in the Philippines

Not an issue other than potentially getting remarried.  If you are looking at avoiding the hassle, and since you are planning at spending time there, do what we did and look at getting married outside of the Philippines.

4 minutes ago, Shikomiro said:

12 year age difference

Also not an issue - we are 26 years

[Shikomiro 0]

15 minutes ago, Paul & Mary said:

Not an issue other than potentially getting remarried.  If you are looking at avoiding the hassle, and since you are planning at spending time there, do what we did and look at getting married outside of the Philippines.

If we go the i130 route, we're planning on getting married outside the Philippines. And have a unofficial ceremony in the Philippines in July.

Edited June 3, 2023 by Shikomiro

[Just Paul 4,595]

6 minutes ago, Shikomiro said:

If we go the i130 route, we're planning on getting married online from Utah. And have a unofficial ceremony in the Philippines in July.

You are going to want to head over the the Philippines Country threads.  She will still need a Report of Marriage to get thru the CFO process. Since you were married to a Filipina before that can make that process hard assuming one was filed for the previous marriage. Fortunately it won't hold up the USCIS portion. 

[Redro 4,611]

Think of K1 as the visa people use if they can’t get married for various reasons or there if there are children who need to be petitioned and are close to aging out. Spousal visa is the you should go through as both visas are taking about the same amount of time now. 

[Redro 4,611]

1 hour ago, Redro said:

Think of K1 as the visa people use if they can’t get married for various reasons or there if there are children who need to be petitioned and are close to aging out. Spousal visa is the you should go through as both visas are taking about the same amount of time now. 

LOL…apparently I didn’t check my writing. 
K1 and spousal are evaluated in the same way at the end of the day. CO needs to believe the relationship is bonafide. 

[Shikomiro 0]

I had posted this in the Philippines thread, but was closed. Here's some more information.

I am a USC, who has been divorced from a Filipina. This marriage was registered in the Philippines. I know that the Philippines will recognize this divorce, only after a judge approves it. I eventually would like to do that, but can't do that now. I'm currently engaged to a Filipina. I am looking to see if I should file for a K1 visa or a CR1. If we do get married in a 3rd country, will their be a problem registering the marriage with PSA? I have seen on here that the PSA registers the second marriage of the USC. If we register the marriage at the consulate, and get a consulate ROM. Can that be shown for the CFO? I'm not concerned with the marriage actually be valid in the Philippines, eventually that will be fixed. I just want us to be together.

[TBoneTX 45,498]

Thread is moved to the Philippines regional forum for country-specific advice.

[Just Paul 4,595]

43 minutes ago, Shikomiro said:

If we register the marriage at the consulate, and get a consulate ROM. Can that be shown for the CFO?

When we married in Hong Kong, we needed a copy of the divorce decree for both the marriage and ROM.  When Mary went to CFO she needed copy of the divorce decree.

 

Even if doing a K1, you will need to have Foreign Divorce Decree Duly Recognized by the Philippine Court  accompany the CFO paperwork.

[RO_AH 1,659]

2 hours ago, Shikomiro said:

If we do get married in a 3rd country, will their be a problem registering the marriage with PSA?

Several things to cover here. Did your ex wife file a ROM in PH after you two were married. If not that is good as it will cause much less problems going forward and no problems with PSA because they have no record of you being married to a Filipina, If she did you will have to wait years and spend a lot of money filing for a recognition of foreign divorce in the Philippines and you will need a Filipino lawyer for this process.

10 hours ago, Shikomiro said:

In my situation, since it's pretty fast between my divorce being finalized and finding someone else.

My divorce was finalized less than 2 months before getting married to my wife in the Philippines...Not an issue.

9 hours ago, Shikomiro said:

She's in the Philippines, and it's a 12 year age difference.

In the Philippines that is not an age gap, that is normal. My wife and I are 25 years apart.

2 hours ago, Shikomiro said:

If we do get married in a 3rd country

My advice is to do an online marriage through Utah. You can either do that while you are here and she is there, or do it there together when you arrive there. This is ONLY if your ex did not file a ROM. If she did this is not my advice. If you are not sure, or don't remember if she filed a ROM you can order a CEMOMAR/CEMAR for yourself from PSA in the Philippines. That will show if they have record of your previous marriage or not. You can order that at this link:

https://www.psaserbilis.com.ph/#!

So if you do not have a record of marriage you can do online marriage, have a reception there with her and her family, file your spouse visa, file a ROM in SF Consulate, get her medical, visa, CFO and come to USA.