dontlongdistance

Hello. My wife left last Oct. back to Philippines and would like to divorce. We were married for almost 2 years where she was in U.S. I'm thinking it will be uncontested. Is there a recommended and affordable site/service for this process that can get this done as soon  as possible? How soon can it be done? Is there a guide somewhere on this site or anywhere else? I reside within Orange County, California. Any help would be appreciated thank you.

Hi all,

We're currently confused as to what to put under occupation for me as the petitioner. We can't access the form yet, but we are preparing for it.

Please note that I put "Waiter" as my employment for I-130 form before. And that I have a joint-sponsor for CR-1 Spouse Visa, and have been told by an immigration lawyer that they won't care how little I make if I have a sponsor who makes enough.

Since I am currently not employed in a full time job, what are my options to put under "Occupation"?

I used to waiter on and off but my last pay stub was from last year. The boss is my uncle.. My most recent part time jobs total about a month in time in the summer. Is Part-Time an option? And If so, do I just provide what pay stubs I have as proof or how do I prove it?

I currently attend a community college. I attended summer semester, not fall semester, and plan to take spring. Is Student an option and if so, how do I prove it?

I've been getting by lately kind of, by finding freelance jobs with paypal payments from craigslist. I have paypal transactions as record. Is Freelancer an option and if so, how do I prove it?

And lastly, is Unemployed the best answer? And if so, how should I best explain it based on my situation?

Please help!

Thank you,

Edward & Charity

I was told that transferring a house to me from my parents would be ineffective since it was after filing for a visa and also since I reside in it, but does that still apply if my parents are the joint sponsor using the house as asset if they don't live here currently? Also, can assets outside the U.S. be used? Such as one property they have elsewhere, which they reside in, and one they don't?

Notes:

We are doing marriage visa CR-1.

Philippines to California, U.S.

Parents living in Taiwan.

Hi Kastrs,

Thanks for your advice. The house is already paid off. I do live here, so that still means it can't be used as an asset? What do I have to do in order for it to be? Move out? I'm also considering making it a rental property. Also for CR-1 visa co-sponsor is allowed.

My fiance and I are marrying in the beginning of May, in the Philippines. After that, she wishes to work and stay with my parents in Taiwan while she waits for our Cr1 process to go through and come be with me in the U.S. My question is, under what method should she go about to be with my parents for a few months? And how?

thank you for clearing that up

No it doesn't. As a US Citizen, you are allowed to receive benefits you are entitled to, that does not change. It would be your spouse that is not eligible for means tested benefits.

Hi,

Do not stop your benefits. It does not affect a visa for your fiancé. Since you are on public benefits, you will need a financial sponsor for the Affidavit of Support.

You are confused. A fiancé can not get a CR-1. A CR-1 is for a spouse. A K-1 is for the fiancé. Which one are you pursing?

Sorry. I forgot to add additional information. I am going to marry my fiance in May. Then start marriage visa. I also plan to have my sister be a joint sponsor. So you are saying, me receiving government benefits doesn't influence her CR-1 visa acceptance chance?

thank you for your advice

I am currently enrolled in government health, Medical, and school financial aid in the U.S. Will that affect my fiance's CR-1 acceptance chance? If I stop would it make a change? Or even if I stop would they take into consideration of my past involvement in government aid?

Hi guys,

I planned on doing fiance visa after I had returned but didn't research enough and found out that joint-sponsor would be unlikely for fiance visa but would be acceptable for marriage visa so I plan on going back to marry. I don't have enough financial proof they need by myself at the moment.

thank you

I am planning on having my sister as a joint sponsor for our visa process. She is worried about what she would need to do exactly. I have read up on that and come to the conclusion that as long as my fiance doesn't obtain government benefits, that things would be fine right? Or what does it mean when they say "provide adequate support"? Does the government monitor us or something besides obtain benefits? Does my sister just have to sign some documents and as long as we don't take government benefits, there will be no worries?

I live in california, she lives in philippines. okay thank you all CR1 it is.

My fiance asked this:

Hi. my fiance (a US citizen) and I will be getting married this coming May here in the Philippines and we'll process my visa right after. I'd like to ask if most of you guys processed K3 visa? because VisaJourney is saying there are two other options for spousal visa, the CR1 and DCF. So we'd like to know the route which most of you considered. Please share some of your experience in visa processing because we are particularly concerned with the duration and success rate of the process. Also, did you guys have to seek an immigration lawyer to help you with the process? or is this unnecessary? Thanks in advance smile emoticon

My wife and I were married in the Philippines therefore we went the CR1 route. It takes about 10 months from the time you file the I-130 to get her here in the USA. The timelines for the CR1 process should be very close to that time frame. It takes about 5 months to approve the I-130 at the USCIS. Once approved, the paperwork is forwarded to the NVC where it takes about another 5 months to get her interview. Then two more weeks to get her Visa package sent to her home. The good news about this process is it is actually cheaper overall than the K1 process. It just takes longer and she can work after she gets her green card (2 weeks after arriving in US).

If you decide to marry her in the Philippines, you will need to get an affidavit of eligibility to marry her from the the US Embassy in Manila or at the US Consulate in Cebu (lower level of the Waterfront Hotel is where its located). If you have never been married, I just think you need to swear to that when obtaining affidavit but if you have been married, you will need to bring original or certificated copy of divorce decree with you. Do not give them the original copy. Have a copy and retain the original.

After you have the affidavit of eligibility, you will need to take that to the city office and apply for a marriage license. Then you have to wait 10 days before you are eligible to marry and most towns require you to attend marriage seminar for one day. Not a big deal. Its more intended to prepare locals on the responsibility of marriage, etc.

Once married, your wife will need to obtain copies of the marriage certificate from the NSO in the Philippines. She will then also want to get her new passport with her married name. She will also need to get certified copy of birth certificate for her. I recommend getting multiple copies of each (3 each). She and you will need these for the I-130 and for her interview at US embassy in Manila.

Go to forums on this website for the Philippines for more information.

It took about 1-1/2 months after we were married to obtain a marriage certificate from the NSO.

She will also need to get a police certificate from the NBI in the Philippines for the I-130 to ensure that she does not have a criminal pass.

I recommend the CR1 because I have read too many times on this website where the Philippines will not approve co-sponsor for a K1 but they have no choice because that is not determined by them for the CR1 process. That is done here in the USA at the NVC.

thank you for providing a very helpful and informative post. all of these cr1 route info saves me a lot of time for researching myself. thank you again

No. What you are suggesting is deceitful to say the least, perhaps immigration fraud. If you "borrow" the money from your parents it's not really yours now is it? I also think you would need more like 100,000. But they will be suspicious if suddenly you have 100,000 in your saving when you have no job.

Thanks for informing. It was previously brought to my attention already by Hank. Again fraud isn't my intention and I only got that method as advice from another. Your right, it would be suspicious so marriage visa seems more suitable now.

If your parents are willing to loan you $75K, why don't you just ask them to be a co-sponsor? Its very common to have a co-sponsor for a CR1 visa. If you suddenly get a lot more assets, yes, that will negatively affect your financial aid/health insurance subsidies.

hi brownbella. the $75k was planned for fiance visa, in which i needed about $100k assets. i wanted to go with this route since it was the least time consuming route. but if i go with marriage visa yes i will ask my sister or parents to be co-sponsor. thank you

Many people will disagree with me; however, I think visa journey should also be a place for advice that goes beyond the logistics of obtaining the visa and its procedures. The #1 cause of divorce is money. The situation with which you are presenting is a very difficult one. Borrowing a loan, of $75,000, is an enormous sum that should not be taken lightly, especially at your age. You are underestimating the financial burden it would cause on you, your family, and your spouse in the future. In a sense, maybe the marriage visa is your best option. For starters, the fees are cheaper than a fiance visa. From my estimation, the total cost not including transportation to and from the embassy on interview and lodging expenses, easily exceed $2,000 once the AOS status is complete -- meaning the receipt of the first green card. You need to take this into account as well. You could also use time. By going the marriage route, I believe you have about a year to find a job considering the length of the process, meaning earning income for yourself and your spouse. It doesn't have to be a lot, just something to help with the added costs. How far away are you from graduating? If you haven't lived with your spouse before, those will be added challenges as well. I suggest think things through and don't rush. If you are a couple years away from graduating maybe your parents money could be used to visit your fiance during the summer off periods and or Christamss. Once you graduate you can get a decent paying job and support a family without assistance.

If you possibly could not live without her, well go ahead and get her to the US as fast as you can and figure everything out later. Just be open about the challenges and don't put yourself in debt. Embrace that things will be difficult, and you will probably win half the battle. Let her know that it won't be easy so she is ready for the challenge as well.

Good luck!!

thank you msbau764.

your post was very heartfelt and you bring up very good points. i am taking that sum too lightly and being selfish. i just started community college so it would take me a couple years just to graduate from that and then transfer ( maybe ).

really? $2000? for my fiance to interview at manila, philippines?

im slowly accepting that i might have to go with marriage visa. if so, that'll mean added time for her to come here . time till i marry her, then more time for marriage process . if only visas weren't needed, am i right?

i will try my best to embrace this thank you again!

Most RECENT tax return is required, which doesn't mean pick a year, currently 2013 is the most recent tax return, in a few months 2014 will be the most recent tax return.

If you have a new job with adequate income and no tax return you will need a letter from your employer for sure, along with copies of pay stubs. I would suggest a letter from you as well explaining your situation.

The money as an asset, even if it were your's would not be accepted by USEM, the interest on the money would be accepted as income.

I am not a pro on the spousal visa, but once married and in possession of the marriage certificate the CR-1 process is not much longer than the K-1 process (6 - 9 months most times). For use NOT 7 years....

okay thank you hank

#1 - USEM in Manila is difficult (as in next to impossible) regarding co-sponsors with the K-1 fiancee visa, whereas with the CR-1 spousal visa they have to accept a qualified co-sponsor. Smartest way to proceed if using a co-sponsor is getting married and pursuing the CR-1 spousal visa.

USEM requires the most recent tax return and W-2 (NOT multiple years, just one year).

USEM does not readily accept assets, in fact I know of a number of situations where they refused to accept assets. But if they were to accept assets they would want to see 5 times the shortage. So DON'T count on using assets.

Borrowed money is NOT assets and to try to "pretend" a loan is assets is fraud.

You receiving financial aid and medical is not an issue... You not having income is.

thank you hank, very helpful.

for fiance visa, 1 year of tax return, could i use a previous tax return in which i was a waiter but no longer work there for several months? if i have get a job now and have income do i need to wait for tax return of next year or could i still just use previous job?

the money is from my parents so maybe i could just keep the amount and if they need anything i would help pay? im not intentionally trying to commit fraud thank you for bringing that up though.

if i pursue the marriage route, what else is there to know that i need to provide proof of beside joint-sponsor? also if i go that route how long would it take? and are estimates of processes pretty consistent? i read in most places that fiance visas are 4-6 months, then i had one guy saying it could take 7 years?

If you get married, you apply for a CR-1, not a K-1. Like I said, I think I remember reading that the embassy must accept a co-sponsor for a spouse, but not necessarily for a fiancée.But wait until someone else confirms that or do some research on these forums. It shouldn't be hard to dig up.

thank you

The loan option is not viable. You can either find a way to earn the required income yourself, do more research about the cases in which Manila accepts a co-sponsor (which are rare, from what I understand), or you rethink your reluctance to get married. I believe they have to accept a co-sponsor for the CR-1, but someone else can confirm that for you

so if i marry, how does that change the financial responsibility part?

oh i just looked up what cr 1 is marriage visa. so you are saying i could get co sponsor if i marry.

You need 5x the current poverty level for you and your fiancée, which is $19,660 per year, ASSUMING your particular consulate/embassy accepts assets as proof of financial support.

If it were as easy as you think it is, you could just get someone to deposit the required amount in your account, print off the bank statement as proof that you magically have the close to $100,000 necessary, and then return the money the next day. They'll see through that in a second.

so whats an acceptable way? is the only way of me acquiring that myself? there's no way to turn to another for money?