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Posts posted by SHANE (USA)
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1 hour ago, kawika69 said:
Okay, so 8 years ago I met a Filipina on line. I went to the Philippines and married her. I brought her to the US and she has since become a US citizen. She sued me for divorce.(Coincidentally after she became entitled to my pension for the rest of her life.) So now I met a Filipina who is an OFW and I really am falling for this girl. Her contract expires September 29, 2021. My question is: Can I bring her here on a fiance visa? Will my marriage affect my being able to apply for a fiance visa for her. I have a final divorce decree already. One side note: Can we start the fiance visa process before she returns to the Philippines? My first Filipina was a spousal visa. I want to bring my new love on a fiance visa. Any help will be appreciated.
Mahalo, David O
Eligibility
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen.
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@kawika69
Yes, because you have your final Divorce Decree, you are eligible for the K1 Fiancée Visa.
However, you can not file form I-129F with the USCIS unless you have first met her in-person within the last 24 months and you have proof of your physical meeting.
On a side note... ...America unfortunately has turned marriage into a financial contract so protect yourself in the future with a prenuptial agreement.
- kawika69, RoseMalaysia and joe and karol
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Technically you have until April 15, 2021 to file your 2020 taxes. Plus, some people don't even receive their W2's until February or later. Happened to me several times in the past.
So send the 3 that shows you making the most money... ...I'm assuming that would be 2019, 2018, and 2017.
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23 hours ago, HRQX said:
Not just rumors. Government documents obtained in pending litigation confirm that resumption of routine K-1 is slated for later phases:
Also, remember that @Ellie__ is subject to Schengen Area proclamation. That proclamation is in effect indefinitely. Expect lasting K-1 backlogs in areas affected by proclamations (Schengen Area, UK, Ireland, mainland China, Brazil, and Iran).
Not sure if you read my entire post but I couldn't due the CR1 Spousal Visa even if I wanted to!
However, thank you for sharing that info as there may be other couples that might be in a position to marry their fiancé/fiancée in some other foreign country and then submit their I-130 to the USCIS for approval.
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On 8/18/2020 at 2:24 AM, Sophiecheshire said:
Thank you! I am actually currently in a third country fortunately so my fiancé can visit me some weekends. If this is the case where if we can see each other currently do you recommend cr1? Or should we stick to k1? Thanks again
If a couple's #1 priority is to physically be together as soon as possible in America🇺🇸, and they do not care about the other pros and cons, then the fastest way to achieve this is via the K1 Fiancé Visa.
Disclaimer: Due to the world's reaction of the COVID-19 virus, there are rumors that some U.S. Embassies in certain countries are only currently processing CR1 Spousal Visas at this time and are not processing K1 Fiancé Visas.
However, if you or your fiancé has not even submitted a I-129F (K1) or a I-130 (CR1) packet to the USCIS yet, then the delays that some U.S. Embassies are currently experiencing may never affect you in the future because the USCIS takes SEVERAL MONTHS to approve those forms and advance them to the next step in the Visa process.
That is why I chose the K1 and submitted my I-129F to the USCIS a couple months ago.
Furthermore, I can not currently marry my fiancée in the Philippines even if I wanted to because some islands/provinces keep going back on another lockdown and a lot of government agencies are closed. So even if I was trapped there, I still would not be able to get married.
Hope this helps🙏🏻
...And you're very welcome! 🙂
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On 8/16/2020 at 11:18 PM, Sophiecheshire said:
Why? We are choosing between k1 or cr1 right now and don’t know which to choose. We want to be together as soon as possible and I don’t mind if I have to wait months when I get there to work, I just want to be with my partner
Assuming you and your partner are currently in different countries... ...and assuming you both can not currently get married outside the USA... ...then it is faster to do the K1 Fiancé Visa.
I was in that tough decision/situation myself and decided to file the K1 a couple months ago.
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59 minutes ago, Scandi said:
It will matter, though. Yes all petitions are slower than normal due to the virus, meaning that once you receive your CR-1 you're out of the woods. With the K-1 route however, you're first stuck in line at the i-129f stage, and once in the US, you're stuck again at the i-485 stage. So yeah, everyone has to choose the path they want to go down, obviously. But there is a difference, they're not the same.
I stupidly chose the K-1 myself and despite being at the citizenship stage now, I still regret it. It's definitely not for everyone, and this thread (and many others) are just here to enlighten people who might not be aware of the big differnece between the two. This is great information, and great knowledge being shared by people who have already been down that road. Choose whatever you want, but the info still needs to be out there for those who haven't chosen yet and who are looking to research this.
I agree with you regarding everyone needs to do their own research because some countries are not letting foreigners in, especially Americans, and they're going back on lockdown.
So the CR1 may take just as long as the K1 at this point in the game, for some couples.
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37 minutes ago, joe.b said:
I appreciate the response, though it was mostly a rhetorical question on my part (just a little annoyed at the post saying "Do not do K1" when that's really the only option for some of us).
My guess is that K1 Visa applications/packets will have no delays. But they will take approximately the same amount of months that they normally take.
No one knows how long K1's vs CR1's will really take, regardless of what they say. ...Unless they got their Crystal Ball in the mail!?... Lol
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I tried to order a Crystal Ball to see into the Future but they are currently out of stock. Lol🤣😂🤣
So for now, I filed the I-129F K1 Fiancé Visa because I think it's faster.
...especially because I just talked to my Fiancée in the Philippines and she said that most local governments and communities there are going back on another lockdown right now.
The USCIS could get bailed-out like everyone else and continue to process immigration paperwork. So hopefully by the time my K1 Visa has been approved for my Fiancée, the travel restrictions will be a thing of the past!🙂🙃😉
Is Manila accepting expedites for K1?
in National Visa Center (Dept of State)
Posted
Like Daniel, I also joined the lawsuit to get my Fiancée🇵🇭 to America🇺🇸 ASAP.
Will we win?.. ...IDK🤷🏻♂️
If we win, will we be scheduled for an interview at USEM faster than if we hadn't joined the lawsuit at all?.. ...IDK🤷🏻♂️
But I chose to join the lawsuit because if it's successful, I know that I would have seriously regretted my decision to not join it when seeing the Plaintiffs reunited with their Fiancées sooner than later.
I also took this gamble because the lawfirms representing us have won several Federal cases in a row, so it seems not so risky.
Is $2500 a lot of money to risk?.. ...ABSOLUTELY!!!
If my gamble has a negative outcome, then I'm out $2500... ...but at the end of the day, that equals less than one week of pay for me as I net far more than $2500 in a week.
But I'm very optimistic that we will win. And with a positive outcome, not only will I finally be able to marry my Fiancée, but I'll be in a different tax bracket in which I will easily regain the $2500 lawyer fee.
Ultimately, it is ridiculous and totally unfair for USEM to stop ALL Routine K1 Fiancée Visa Interviews/Processing for over a year now, while processing other Visas.
Therfore, I sincerely hope that we are all reunited with our Fiancées ASAP!