Troy W

Not 100% sure but my understanding is that the US recognizes any child born from the result of a marriage to a USC as qualified for USC until they are a certain age. so I don't know that she will have to prove anything other than she is/was married to a USC

Safest thing is to do what the previous poster suggested...marry & petition for a CR-1 visa for her.

Why didn’t you just marry her while she was here instead of filing the K1 and just file for an AOS for her?

Working for one (without EAD), I've seen many people don't know the rules from what i've seen on this site.

Regarding the relationship, what if the OP's husband had been on a long business trip and didn't have things like a toothbrush or dirty clothes in the house? What if its the middle of the day and a male friend was over etc. Those type of things can cause the situation to go down hill fast.

In theory if you happen to have a pirated film playing on your computer when they entered that could be passed on etc.

What if you have a letter from an EX on the table.

Simply ICE would not care on bit about what you are stating here if there is still proof of a relationship.

And ICE could care less about what movie is playing and how you got it that is not a criminal act it is a civil act.

Well a lot of things happen in the Philippines that don’t exactly follow the letter of the law.

The legal capacity to contract marriage form is required by Philippine law. It is the foreigner’s version of CENOMAR that is required when you apply for the marriage license.

If I was in your shoes I would just wait and see what NSO does.

If NSO issues a marriage certificate then forget about it and consider your self lucky. If they don’t then you have to get your marriage annulled and start over again.

If the case was dismissed after a court supervision period, then even though there is a record of it and a guilty plea, it is still dismissed so there would be no criminal record of guilt. For legal purposes this is the same thing as a not guilty. And does not constitute a criminal record

APPROVED,

Now for Step 2. Both the I-130 and I-129 were approved on the same date.

Here's is a question that might stump a lot of people. When she moves here and even stays for 2 or 3 years (maybe even 10) but wants to retire back in China, should she even try to file for US citizenship? Will she loose the ability to return to China?

Thanks

My understanding from a Chinese friend is that if she takes a US Citizenship she will automatically loose her Chinese citizenship due to Chinese laws. But my friend also has a US Green card presently and has no issue returning to china, and even still owns property there.

What saddens me is that the opposition to gay rights only puts their religious views towards gay rights. But no one ever wants to look at the financial and legal aspect of gay rights.

If a gay couple can not get married, in most states they can not file taxes under married filing joint. For a couple with an income of 60 thousand dollars that comes to about an extra 8 thousand dollars they have to pay the government between them.

If a gay couple decides that one of the couple will stay home and raise the kids and the working spouse can not get domestic partner insurance, then the medical insurance costs per month for the non working spouse would cost close to $600 a month

It all boils down to $$$$, and quite frankly my view is that what is good for the goose is good for the gander, so let them have the same rights as the rest of us.

Keep in mind this; a lot of states still have laws on the books that make cunnilingus, ####### and sodomy illegal. As far as I am concerned the government has no right to say what is allowed sexually between consenting adults, period end of story. And unfortunately our religious right winged nuts make so much noise that stupid elected official’s bow to their wants.

I have to say I am a republican, but I am very disenchanted with the republican parties’ stance on embryonic stem cell research, abortion, sexual education, gay rights and religion in government. Hopefully the pounding they got in the last election will teach them that they need to change their views to be more in line with the rest of the majority. I kind of look at republican views on these subjects, like I look at the catholic churches view on birth control, what is the greater sin, use birth control or have 15 babies that you cant take care of and feed.

Im planning on marrying my girlfriend in the philippines. i currently live in USA (California). I will be seeing her in about 1 month (May 13-24, 2009). My question is... What will I need to take to have her sign and what are the requirements? Also, how long can I expect her to be here once i return? Thank for all your help:)

I can tell you right now you won’t have enough time to get legally married in the Philippines unless you plan on getting married on the 24th and have everything started and completed on the 13th, plus you probably won’t get the final paperwork until the 27th any way if everything goes perfectly.

Your best bet is to add a 3rd week to your trip if possible.

All you will need is a birth certificate, a passport, and a CERTIFIED copy of all previous divorce decrees from any previous marriages. When you get to the Philippines you will have to get an affidavit of legal capacity to contract marriage at the US consulate. You can only get this between 8:00 AM and 10:00 AM Monday through Friday except on holidays.

In order to file her CR1/K3 you will need at least 2 signed copies of a G-325a (all 4 pages for each signed copy so it is 8 pages in all)

The letter i just got in the mail today about this very issue.

Dear Mr. Troy W

Thank you for your recent correspondence. I was sorry to learn of the difficulties you are currently encountering

In an effort to service you I have contacted the appropriate officials of the USCIS Vermont Service Center. I have advised them of my interest in your situation and asked that you be given every proper consideration. I have also asked them to provide a complete explanation to your questions regarding the approval time frame for this type of visa and the status of your petition.

Just as soon as I have anything to report I will be in touch with you again. In the meantime, do not hesitate to call if I can assist you in any way.

Best personal regards,

Jim Bunning

United States Senator

**********************

Oh MY comment is absurd?

Care to explain?... instead of just dismissing without being able to even state your case?

I apologize to you Gordon, I grabbed the wrong post to quote, I meant the person you were quoting and responding to also, was absurd. I know it looked like I was pointing to you with that statement but it was an accident I was talking about Gary and Alla.

Well, let me say this about that.

The USA is one of very few countries that allows its citizens to go anywhere overseas, fall in love and bring people here for marriage under any circumstances. So we HAVE our rights, you seem to be concerned they are not delivered fast enough.

My wife and I were married exactly, to the day, 1 year from when me met by circumstance while I was overseas. It could have been 2-3 months faster, but for our own personal conflicts. Now, that is a pretty quick romance and marriage by any standards even of marrying a woman in your own home town that you meet at the bus stop (which is where I met Alla) I mean if I met a woman at the bus stop who lives in my city, would I reasonably expect to marry her in less than one year? Of course, I could, but think in normal reasoning here.

So, a process is needed to protect our country from people that would harm it. Which the process seems to consist mostly of. How would it be processed faster? Which safeguard or protection would you suggest removing to speed the process? Or maybe more people to process the petitions? But the system is largely or entirely funded by visa fees. So would you like the fees doubled? Tripled? Or maybe an expedited system to give better "rights" only to those that can afford the price of admission?

You're missing the point a little.

The problem with this process (like my K1) is to force the couple to be separated (living in different countries) during a period of time that can go from 6 months to more than a year.

It's not about protecting the country from people that would harm it... Terrorists and spies just get student visas, or go with a regular tourist visa. Per se, the act of getting married is statistically a very low risk, trustworthy, legal immigration process chosen by people who mean no harm (or by principle they wouldn't be marrying a US citizen).

You could argue that some might do it just to get a visa and work legally - but is that a real concern right now? With the economy the way it is, legal immigration is your main problem? I don't think so.

And whatever the reason/process... why keep 2 people separated? Why force 2 people who love each other to live in separate countries for a period of time that makes it almost a torture, while they wait for a government response? What have I done to America to deserve this treatment? They could give me a temporary permit to work and live in the US while we wait for the government to give us an answer.

And what answer are we waiting for? Whatever the reason, why would they deny the possibility of living a life together, to 2 people who love each other? Denying them to do that in America would be hypocritical in so many different levels...

I am sorry to offend anyone but these comments are absurd.

I have an I-130 petition filed for my wife in Thailand. After going to Chicago and then to Vermont, it was sent to, of all places, California, for processing. When I called I was told it was because they were too busy in Vermont. Of course, I don't understand how any USCIS office in Calif. could be less busy as Vermont but what the heck.

Is there any way to get the petition expedited during the wait for the approval process after it has already been filed?

Why, with the change to CSC you could get your approval in about 2 months. CSC is moving a lot faster than Vermont

Ok i decided to get marriend in the philippines. I only have 3 weeks to stay there.

Now i have another question to all of you?

I'll arrive in manila on April 16 (Friday). I'll go directly to US Embassy and the affidavit in lieu of a certificate of legal capacity to marry. Then go to City Hall to apply for civil marriage license.

Now do i need to get married in the City Hall on the 10th day (May 1st)? Or i can get marry to my own church on May 2nd? Please advice.

How long is the waiting time to get the marriage contract from them?

Hmmm....you have time for a civil wedding only, based upon what I've read here regarding the detailed requirements of a church wedding, especially if Catholic. Arriving on a Friday is going cause a bit of a delay for you since you can't hit the USEM until first thing Monday for the affidavit, which is only availble between 8-10 am. (I arrived late Sunday night and was at the USEM at 6 am on Monday, then we left for Leyte at 6 am Tuesday, which meant nearly no sleep since the Friday before!!!.)

Get up early and head for the USEM. When you get inside be sure you are waiting in the correct area. There are waiting areas and windows scattered throughout. Be sure you grab a number when you arrive. Your fiance must be with you. No one else is allowed inside. Bring a certfied copy of your birth certificate, your passport of course and a certified copy of a divorce degree if you are divorced. There is a fee - it was $30 US in 2006. Be sure you have plenty of certified copies of your documents because you'll need them to apply for the marriage license at her local office and also later on when you file the I-130. We applied for the license on Wednesday at her place. We had to wait the 10 days before the license was issued. Some have said you can "buy" the 10 days to save time, but I would not try that. We were married the same day the license was issued (Monday two weeks after receiving the affidavit), and did the marriage seminar the same day also (another requirement you'll need to know about). Try your best to get a copy of the certified LCRO (local civil registrar office) marriage certificate before you leave for the US. I had to leave her place the very next day and there was no time to get the copy. I had to wait a month for my asawa to send it to me which delayed our filing time. You'll need the NSO copy later on when you get into the NVC visa application process. There's loads of documents you're asawa will need to collect in the 2-3 months following your wedding. Just be prepared and you'll be fine. There are many many guides and references online that are very helpful. Do your homework now!!! There's no time waste. Good luck.

M&M

Follow the blue line for American Citizen Services, and your fiancé does not have to be with you at the embassy but she does have to be with you at the city offices when you apply for the marriage license, if your fiancé is under 25 she will have to get consent from her parents. (21 through 22 years of age require consent, 23 through 24 requires parental advice) When I did it I got into Manila at 6 am was at the embassy at 7:45 or so and was out by 8:30 or 9:00 am

I am trying to prepare all of the documents that I can for my wife ahead of time so I can send them to her with the I-130 and I-129f packets. I know some of the documents she will get from the embassy with her packet and will have to be filled out there.

But what is the list of documents that I can send to her already filled out. Also what are the documents that the embassy will send her? the form list is very clear on the K1 but not on the K3

the form list id very clear on the K1 but not on the K3

bump

I am trying to prepare all of the documents that I can for my wife ahead of time so I can send them to her with the I-130 and I-129f packets. I know some of the documents she will get from the embassy with her packet and will have to be filled out there.

But what is the list of documents that I can send to her already filled out. Also what are the documents that the embassy will send her?

So, do I get the divorce done in Honduras? I called the attorney that married us in Honduras this weekend and he's looking into the process as I am here in the USA (NY) as is my Dominican wife. Do I contact a divorce attorney here now as well? Keep in mind I never registered the marriage here in the USA or New York. I just sent the translated copy of the marriage certificates into the USCIS to accompany all the paperwork for the I-130, I-129F, I-485 and I-765. I've never made contact or registered the marriage locally. I'm confused on next steps here in the USA as it relates to the divorce?

Withdraw your affidavit of support as said above and file for a divorce here in the states, any divorce lawyer here can handle the divorce. In the US you get divorced in the state and county of your residency. Divorce is a simple procedure (by law) here in most states, it is the divorcing parties that make it complicated.

So if it dont fit ...

"If it don't fit, you must acquit!" Does anybody know from which famous trial did those words become legendary? To the first one who gives the correct answer, I owe you something.

HEHEHE OJ I was watching when it happened and was said. But he got his in the long run.

What is the age gap?

I thought if you sent relationship proof in to USCIS, that they could not use proof of relationship against you or is that a misconception, I also thought that the consulate officer was not to re adjudicate unless there was clear and convincing evidence of fraud. Wasn’t there a memorandum sent out by the state department a little while stating just that?

LAWYER TIME!

I am going through the same thing with my 3 year old step daughter,,,,FYI false information put on a B.C is a 10 year jail time in the philippines.

I cant believe this people are getting approved in 26 days at CSC while vermont is at 7 months still....not that i am mad at CSC filers they just got the luck of the draw it is the fact that us VSC people are so screwed

as a kid i used to write to president Clinton in his first term. i mailed the letters and always got a response.

i think if you mail the letter addressed to the president @ the white house, you will get a response, which you can at least shove in the examiners face.

i think the reason why snail mail gets responses is because someone actually pre-screens the letters to the president (or there is an actual TEAM) and not some unattended computer with a email address with 8392758975893475987534 emails and cobwebs on the keyboard.

go snail mail.

I wrote Obama a snail mail a mont a go and have not recieved a reply as of yet.

There is only 1 thing I care about in regards to the present economy; in 2007 and 2008 my company had 250 million in sales in both years. So far for 2009 we have only sold 97 thousand. That is all there is to discuss, folks that is the bottom line. Corporate sales and jobs.