lionfam

On 10/1/2020 at 2:11 PM, Adventine said:

 

My petitioner moved here in January 2020 to see if things would out between us long-term. We decided to get married in May 2020, but we didn't want to get married in the Philippines because:

 

1) neither of us wanted to deal with all the manual procedures at PH government agencies in a time of pandemic

2) pre-pandemic, a K-1 visa would have gotten me to the US faster. It wouldn't have been a burden that I would not be able to work for several months. Our priority was for me to get to the US as quickly as possible. At the time we filed for the K-1 visa in June 2020, we had no idea the crisis would last this long. 

3) it doesn't make sense to withdraw the K-1 now and go back to square one with CR-1.

 

Now, though, we have no idea if the K-1 will still be faster than the CR-1. We'll probably be able to compare notes again in a couple of months!

I totally understand your reasoning for choosing K1. Those are the same concerns my fiancé and I had (and have). There is no one right choice, particularly in these times. 
 

I wish you two all the best, and look forward to keeping up with your journey! 

29 minutes ago, Adventine said:

My petitioner and I are in almost the same situation, but decided to do the K-1 visa instead.

It’s great to have other people in the same boat! I would love to hear more about your situation and decision-making process. What made you choose the K1? Was it the inability to get the Affidavit in Lieu of Legal Ability to Contract Marriage, or other factors? 

32 minutes ago, Adventine said:

how long have you been waiting for the USEM to resume issuing the Affidavit in Lieu of Legal Capacity to Contract Marriage?

We have been actively preparing our marriage license requirements for about a month. All of our plans are very tentative because of the uncertainty of these times, but they were still contingent on the embassy resuming this service sometime in October. Now, I’m guessing that November is the absolute earliest to expect to get this affidavit, but it could very likely not be until January or later! 

11 hours ago, Pacia said:

My personal opinion is our embassy is relying on local conditions outside. 

I’ve been thinking the same thing. Though other embassies in Manila are open, and as far as I’m aware GCQ doesn’t prohibit embassies to operate... 

My best guess is that services such as this affidavit are currently unavailable because they aren’t “essential.” 

Does anyone have any idea or insight into when USEM will fully re-open? I am a USC living in the Philippines and hoping to marry my fiancé here as soon as possible. We were initially deciding between a K1 & CR1 visa, landed on a CR1, but are already hitting a roadblock unable to get a marriage license until I can get an Affidavit in Lieu of Legal Capacity to Contract Marriage from the embassy. The embassy is partially open but not for these affidavits (according to their official updates). I was holding out hope that this service would resume on October 1, but received an update two days ago that it remains suspended. 
 

Is it worth it to contact the embassy and inquire directly? Does anyone that has experience with this affidavit know if it’s possible to be done remotely or with a proxy? (I assume not...) 

I realize these are unprecedented times, and many are struggling far more than I (such as those separated from their partners). I just feel so frustrated and hate being stuck in limbo, with no information from the embassy more than a few days out and no ability to prepare for our future.

3 hours ago, angeljolie said:

Read your other post about doing K1 or CR1. Looks like it's wiser to do CR1, given the current situation. Btw, you also need a local CENOMAR for yourself. When we filed for our marriage license, we didn't have my husband's CENOMAR from PSA. Our thinking was since he's not Filipino and he has the affidavit of legal capacity from the USEM, he won't need it anymore. But we were wrong! I had to  beg the city hall staff to accept our application and promised to bring his CENOMAR as soon as I get it. She was so nice and agreed to accept it. But for you to avoid this hiccup, it would be wise to get one for yourself.

 

Funny, as I am just reading this after coming from a couple hours at the local civil registrar where my fiancé and I both applied for a CENOMAR (among other things). I had also assumed only he needed it and was confused when they presented us with two forms, but now I’m so glad they did! Thanks again

6 minutes ago, angeljolie said:

We tried from 3rd week of July. We sent an email first and got a template reply (same email address provided above). Then everyone here suggested for my husband to call, which he did. He insisted speaking to an American. He was able to but only to be directed to sending an email to the same email address. It was like chicken-and-egg. But please try to call them too. They can be unpredictable. And you could get lucky! Good luck! Please let us know how it turns out for you.

That sounds so frustrating. I’m sorry you went through that! I hope we will get lucky, but the fact that they told you DCF isn’t available worries me.
 

I will try being persistent. I remember someone on VJ suggesting to show up at USEM and insist to speak with an American. 
 

Anyways, we have to get married first  Thank you so much for the help, and I will absolutely keep updating. I wish you all the best for you visa process and beyond! 

6 hours ago, DennisMN said:

I am also from Minnesota so a welcome on the process.

Thanks!  

While I have you here, can I ask if you have any advice on expediting the issuance of the PSA marriage certificate? 
 

From what I’ve read, we plan to ask the local civil registrar to immediately register with PSA, get in touch with PSA, and then go there directly after a week or two to get the marriage certificate. 

14 hours ago, angeljolie said:

Hmm I wonder why my reply was deleted.

I don’t know why your comment was deleted...luckily I could read it via an email notification! Thank you for sharing your experience with DCF at USEM—that’s exactly the kind of information I was looking for. 
 

What month did that happen? Has anyone else heard USEM saying that they won’t be doing DCF at this time? Could it perhaps have been due to covid-related staff shortages, etc? 
 

Also, do you have any insight on which form of communication with the embassy was most responsive and/or helpful? 

Would acceptance (or enrollment) into a university program qualify as exceptional circumstances? Or can it only be a job? 

5 hours ago, Chancy said:

Check out the visa issuance statistics to get a sense of how USEM is prioritizing spouse visas.  Taking July figures for example, assuming stable demand for visas, there has been >80% drop in the number of K1 visas issued by USEM from last year, while for CR1/IR1 the decrease is only about 20% --

 

July 2019:  668 K1, 91 CR1, 109 IR1

July 2020:  111 K1, 76 CR1, 84 IR1

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics.html

 

It's anyone's guess how the backlog will affect the timeline for K1 visas out of USEM next year.  There's no guarantee that your fiance will get to the US faster than if you marry here (or in Hong Kong) and go for CR1 instead.

 

Wow! Thank you for that information. 
 

There must be a huge backload of K1s. Speed of arrival in the US is really the only reason we would choose K1 over CR1, and it’s looking like that is far from guaranteed now. Definitely leaning towards CR1...  

8 hours ago, geowrian said:

Contact Manila to request DCF due to [xyz].

Do you happen to know the best way to contact them for this request? Email? Phone? I would go directly in person, but I live outside of Luzon. 

I currently live in the Philippines with my fiancé. We were in the midst of deciding between a K1 visa and a CR1 visa, when the option of Direct Consular Filing was brought to my attention. Although the Manila USCIS field office is now closed and no longer processing visas, it is my understanding that the embassy accepts local filing for US citizens residing in the Philippines under exceptional circumstances (such as having a job offer in the US and need to relocate). Though I rarely see people apply (or at least get approved) through DCF. Is it particularly hard to get? If I meet all of the criteria, should it be smooth sailing? This option would be a dream come true for my partner and I, but I just want to make sure I’m not missing anything! 
 

After getting married, what are the first steps of this process? I can’t find any official information on the Manila embassy’s website. Do I first need to get approved for DCF, or simply submit the I-130 petition? Either way, is it done in person, via mail, or online? 
 

Has anyone applied for DCF (under exceptional circumstances) at the Manila Embassy recently-ish? What were your circumstances? What was the process like? 
 

I don’t expect someone to have all of the answers, but any information or insight is much appreciated   

1 hour ago, Paul & Mary said:

Yes we did.   We were in the last year it was offered via an USCIS field office.   Ours took 103 days from filing to appoval. 

That is wonderful! Thank you for reminding me of the the DCF filing option. I have since gone into serious internet research mode. I’m so excited about this possibility I haven’t been able to sleep! Is it too good to be true? 
 

I’m aware that USCIS field offices are closed and/or no longer processing visas. However, given that I am residing in the Philippines, it is my understanding that I only need to prove an exceptional circumstance (most likely relocation for a job offer) in order to file with the Manila embassy. (And, of course, get married first!) Am I getting my hopes up? Is this harder to qualify for than it seems? 

Thank you so much for your thoughtful response, Paul. 
 

3 hours ago, Paul & Mary said:

But corona virus has taught us that the spousal visa are more of a priority at the consulate then the fiance.

I have heard this, and is certainly something we are taking into consideration! I’m wondering what it actually means in practice? I know some embassies initially only re-opened to spousal visas and not fiancé visas, but I’m not aware of anything beyond that or of the Manila embassy prioritizing spousal visas in any way. 

3 hours ago, Paul & Mary said:

Doing the K1 route essentially means that you have to support your husband for almost a year.   You can shorten that down by marrying quickly and someplace where you can get a marriage certificate immediately.   Then you would be looking at a 6 to 8 month wait.  International travel would also be restricted during that time.

This isn’t a big problem for us; what I am more concerned about is my fiancé feeling isolated, stuck, etc. while living in a new country, not having any of his family or friends, and not being able to work. We have discussed activities and such that he (and we) can participate in while waiting for his EAD, which he is so excited for. I imagine he will handle the transition quite well, but I suppose you never know! 

3 hours ago, Paul & Mary said:

Green cards are taking a year or two for a K1 from the time of arrival.  

Two years really? I have mentally prepared myself for the one year wait, but two...yikes. 

3 hours ago, Paul & Mary said:

Now something to consider is the possibility of using the Direct Consular Filing with exceptional circumstances to move things along.  You would need to be married and have an exceptional circumstance such as needing to move back to the US for a job.  You might want to research that.  You now have to ask the immigrant visa unit at the Manila consulate to accept it otherwise they will refer you to the stateside filing address.

I have heard of this and am very interested! I would love to try, but I’m not sure our case falls under any exceptional circumstances. Did you do DCF? 

Hi! This is my first time posting on Visa Journey, so I’m sorry if I’m getting anything wrong. 

I (US citizen petitioner) have been living in the Philippines for close to two years on a tourist visa. I first came here in January 2019 and intended to stay for a month or two. Then I met my future husband, and the rest is history... 

If it makes a difference or if anyone is curious, I (petitioner) am female and my fiancé (beneficiary) is male. 

Anyways, as the title suggests, I am REALLY struggling on the decision between a K1 and CR1 visa! 

I see a lot of people warning against K1s here. In fact, I was set on sending the I-129F petition last month until I came across people suggesting spousal visas as a better alternative. 

I love the benefits of a CR1 visa: permanent resident status on arrival, no adjustment of status, less expensive, ability to work immediately. I prefer everything about it in general! I like the idea that most if not all of the “work” is done prior to entering the US (other than removal of conditions and eventual naturalization, of course). With a K1, it seems like the first few months and even years in the US would be stressful. 

Also, I do not work here in the Philippines. For all of the time that I have been here, my fiancé and I have lived off of his income (which is not a lot) and my savings. Meaning, whichever route we take, I will need a co-sponsor. (No problems in that regard. Both of my parents are able and willing.) I understand that it is not guaranteed that a co-sponsor on a fiancé visa will be accepted at the Manila embassy, whereas with a spouse visa it is not an issue. 

So, what possible reason do I have for not going the CR1 route? 

Well, in order to apply for a marriage license here, I need to go to the US Embassy in Manila and apply for a “Affidavit in Lieu of Legal Capacity to Marry.” Two problems there: 1. Domestic travel is still restricted in the Philippines. 2. The embassy has not yet re-opened for these services, and there is no saying when the embassy will open. 

Best case scenario is the embassy reopens for notarial services on October 1.  In which case, my fiancé and I could travel to Manila in early October (which will require securing loads of documents to authorize our travels and be a general pain in the butt!). We will likely have to quarantine upon arrival to our home province, delaying our marriage license application. Once we apply, the wait time is 10 business days. With this optimistic date (which is not based on any evidence by the way!), the earliest I could see us getting married is the end of October or more likely sometime into November. THEN, on top of that, it supposedly takes months to get the certified marriage certificate that is required to send with the I-130. I hear that the process can be expedited, in which case it could perhaps be ready 2-3 weeks after our marriage.

If you’ve followed my ramblings, then you would know that I wouldn’t even be able to send the I-130 petition until end of November at the EARLIEST. Sometime in December is a more realistic estimation. And, well, that sucks! Despite (thankfully!) not being separated from my fiancé, speed of arrival in the US is still a priority. That is the primary benefit of the K1 visa, for our circumstances: the ability to apply now combined with slightly faster processing (is this still true? anyone have information?) meaning faster arrival in the US. *** 

*** As I said, speed of arrival in the US is still one of our priorities. Our current living situation here in is far from ideal. My family and particularly my mom, who suffers from mental health issues, has been struggling with me living so far away. Also, my fiancé works in tourism and has not been able to work since the start of lockdown here in the Philippines. It’s looking like he won’t have any work for income for the remainder of 2020 and possibly well into 2021, which is very hard on us. (In the US, we will live with my parents who will support us, and I will be able to work.) But our number one priority is to be stay together, and we will do so for as long as we can. 

Now that I’ve talked (written?) your ear off, I turn to you, seasoned visa petitioners and beneficiaries! It is September, and we are ready and able to either send the I-129F petition or get married (or at least, prepare the documents to get married). And I seem to change my mind on which to do every ten minutes. Thoughts? Advice? Anything