silverevo

The NVC has no say on whether or not an I-864 is approved or not, the actual decision is made by a CO at the Embassy or Consulate. CO's have sole discretion on whether or not to accept an I-864 (even if the threshold is met).

Understood. Any recommendations? We are IR-1 awaiting a date to be setup for us at the consulate. I've heard IR-1's are rarely denied but you never want to assume anything. Excited but nervous. Friends have said it's just 5-10 minutes of basics and helps if the husband is there (me). I've also heard other stories where you can get a bad co and they grill you.

CO's are employed by the US Foreign Service; one of the requirements of employment to the Foreign Service is US Citizenship.

Would a CO deny a visa to my wife just because I'm not working until I return to the USA? Even with a I864A? or I864? According to the NVC if you meet the requirements that conversation shouldn't come up. He said is more about your personal relationship. We are a very good loving couple. It's an IR-1 and we have a son. She's a nurse and we have plans. Tons of pics,etc

any answers?

We are in the process of moving our papers from the NVC to manila USA embassy. How are the CO's? I've had friends that did fiance visas and the interview was no issue. I'm in the ph on a ir1 with a child..married 2.5 years...have a nice job back in the states when i get back..i864 and i864 from family support. Should I worry? Our son is a USA citizen.

anyone?

Never done this before. Are the CO's all American citizen government officials? We are going for our IR1 and we have a son. Our son is an American Citizen from doing a CBRA. Is it basically the same situation?

Matt

It was not expedited because you have a US citizen child.

If you want to know how the interviews go, feel free to read the embassy reviews located on the top of the page.

If that was not the reason then I'm not sure. We have a lawyer that took care of our papers. He did say that having a son together him already being a citizen, being married for 2+ years tends to speed things up "sometimes." It could depend on the date of filing. To be honest i don't know. But I was surprised how quickly it moved. I expected September of this year. Anyway that is besides the point. I was just digging for things i could be surprised by with the information I posted. That was it.

Firstly: so we know where you are in the process. You seem to have gone by rather fast? Did you DCF or file with the Chicago lockbox? Was the case expedited because of location in the Philippines?

Also, as long as you have a qualified joint sponsor, you shouldn't have too much trouble with the interview. You've spent time together as a family which is the best evidence of a genuine (aka bona fide) marriage as one can get. You may have to prove reestablishment of domicile which you can search out on the forums or in your regional forum. The USEM will not be calling anyone so bringing your resume is pointless. They will interview your wife and establish for themselves that they think your marriage is genuine and that you or someone else is financially responsible if she uses means tested benefits. Essentially that is what the interview is for.

Make sure to get the medical done and that your wife has all of her paperwork in order. There is quite a bit for a beneficiary from the Philippines.

I think it went a bit quicker because we have a son together and he is already a USA citizen. We share the same household as my parents (investment) for the first year. She and my son need to get used to things in CA vs the PH. She has a 4 year degree in nursing but needs to study more to pass the board exam in CA. She has her TOR and College papers. Just trying to get a feel for what we are looking at going into the interview.

What exactly are you asking?

The odds of denial. I've never been married and neither has she. The fact that I chose to stay here so long. Opinion of outcome from previous peoples experiences. Thats what I was looking for. Also advice if I missed something.

I have a few questions. I've searched on vj for a while but never found a same scenario. My wife and I have been married for 2 years. We were married in the Philippines through the local Catholic church. I'm a computer consultant but stopped work at the end of 2012 because we had a son in sept 2012. He was born in the Philippines. I arrived January 2013 and of course who wouldn't want to see their new son. I wanted to come sooner but I had to fulfill my work obligations but I took care of all the hospitals bills,etc and skype her at the hospital . I know some may think thats weird but that was the next best thing i could setup to see him and her. Anyway since I arrived I have not left because those early years are very important to a child. We already went to the US Embassy in Manila and my son is now a USA citizen after the CRBA. He has his USA passport and Cert. We planned on living with my folks for the first year so my wife and son can adjust and then we will get our own place. So basically I've been unemployed while I'm even writing this. (Basically 2013-present) . My parents have a combined income of just about $200k. We hired a lawyer to help us with our papers (I-130) . We filed in December and the petition was approved middle December. I'd have to back to check the date. The visa was converted to IR1 as of January of this year. We were married January 2012. I wrote a letter (lawyer recommended) so the NVC and the CO would understand our why I stayed here for so long and didn't return to the USA. I have work when I return at a very nice company in silicon valley but I also wondered if they would even care if I brought my resume along. Probably not because anyone can make up a bunch of bs. I don't think my references would be too happy getting calls from the USA consulate in Manila either. Our case is currently at the NVC and going to be sent to Manila. After all this my only worry is denial. I want opinions and suggestions from people here. Thank you

Silverevo

I'm really worried about this. I'm supposed to get married in Davao City in January. Can you get your marriage license and get married in any city you choose thats close by?

Matt

I know this is an older thread but I just wanted to let anyone know who planned on getting married in Davao City is fine. I was happily married January 17th 2012 and I can also include (LOL) a late response I got:

Please be informed that the City Government of Davao through the City Civil Registrar's Office still accepts the Affidavit in Lieu of the Legal Capacity to Marry secured from the US Embassy for Americans who intend to get married in Davao City. This requirement is embodied in the provisions of the New Family Code of the Philippines which cannot be suspended or otherwise removed by any local official. Hence, you may still submit the Affidavit In Lieu of the Certificate of Legal Capacity to support the application for marriage license in Davao City.

Please be guided accordingly.

Atty. Leo Anthony R. Braceros

City Civil Registrar

I'm really worried about this. I'm supposed to get married in Davao City in January. Can you get your marriage license and get married in any city you choose thats close by?

Matt

Can I obtain the legal capacity to marry in the USA or does it have to be done in Manila? Problem is we are trying to setup a church wedding but there is a 1 month delay and I have to get back to the states for work. Any help is appreciated.

-Silver

Strictly speaking, these two statements are incorrect. The provision in the LIFE act that created the K3 has never been repealed and thus remains on the books (even though it's obsolete in practice). Repealing the K3 would require an act of Congress.

I do agree with overall point of your post to the OP, the CR-1 is a far superior path compared to the K3 and would also suggest to the OP that he follow the CR-1 path.

Thanks for the replies Will go the CR-1 route.

There is no K-3 anymore. CR-1 takes on average 9 months - sometimes when it comes to immigration processes, listening to friends might not be a good idea. Or, let's say that it is advisable to double-check everything your friends tell you.

If you are getting married before filing, then your only option is CR-1. The other possibility would be K-1 fiance visa, but the CR-1 (in my opinion) is better as it is cheaper and does not involve the AOS part at all - so no periods of the foreign spouse not being able to work once he/she gets to the US.

Thanks for the response! I was looking at the processing times. Maybe I'm blind lol but I looked at the I-130 and it looked like it was all for relatives or spouse under 21. Obviously I'm a newb at this so I wanna make sure I do it right.

Matt

Which visa is better to file? I've spoken with some friends and they say a cr1 takes 2 years. I was reading a bit about the K3. I'm getting married in Davao City in December so when I get back late January I'm trying to decide which to do. Any help on this would be awesome. Thanks!

Matt

If you go the CR-1 route, you will have to complete an I-864 and your father as a joint sponsor will complete an I-864.

By law, joint sponsors are allowed when an immigrant visa (such as a CR-1) is being sought, Embassies and Consulates follow the law.

This is great advice!. One last question? What exactly do I need to bring to Manila and how long does it take/cost for the official papers for us to travel back to Davao to officially get married? Thanks alot already for the help you have given.I don't want to leave anything behind here.

-Sil

I was laid off recently and going to take a contract job. I'll be going back in December to get married in Davao City. How does this process work? I have my birth cert, bapt papers, passport, id. I guess what I'm asking is...is it better to go over and visit and get a job when I get back and do a K1 or should we stick with a cr-1? Whats the time difference? I've read the cr-1 is around 9 months now. I will be using my father as a I-134 with the cr-1 since I have new employment when I get back. I've read manila frowns on the k1 with a I-134. Any advice will be helpful. Thanks!

-Sil

I'm sure many of you have heard this before. I want to try to do this right the first time. I went with a immigration lawyer and have a checklist. The main concern I have is that I arrived in November 2009 and came back from Davao May 2010. I spent 6 months there so obviously my 2010 tax return isn't going to reflect alot of income for that year. I Worked at a few different companies as a contractor/consultant/temp until January 2011. I filed a tax extension but have all my previous returns/tax documents from the IRS. My Father had no problem with a I134 and makes about $200k a year if it would help. I took some time off to help Grandparents and my Uncle who just passed of cancer..his wife to help her get situated in New York. Now that I'm back from NY and in California I would like to get the ball rolling. I moved back with my folks as I was renting but wanted to start saving money. I currently work as of June 2011 at a tech company in Silicon Valley and even my father/mother/uncles who also speaks with my Fiancee ..we just want to get the ball rolling. My family is writing up affidavits to show that this relationship is the real thing. We have pictures, boarding passes to Davao,Cebu,Boracay, and phone records. I can take screens from Skype and yahoo as my fiancee talks to my mother also on yahoo on a daily basis. I have copies of her birth cert, no prior marriage for either of us, no children, we have passports, photos.

Any help would be appreciated. I just want to get it right the first time. Obviously I miss her and I will fly back for her interview.

My fiance is finishing her paperwork. I have a question and I hope you all can help me with this. She filed a tourist visa back in 2007 that was denied to visit her uncle in usa. Would this at all affect the K-1 visa? I told her to be honest when she fills out her side of the documents regarding the K-1. Feedback and advice would be of help. Thank you.

Matthew

I'm new here so please be easy on me. I was laid off after 10 years on the job working IT operations. I met my now fiance through a friend on facebook..we just started talking more and more and after 6 months things developed and she asked if I was interested in coming the to the Philippines. (this was about the 1 year mark) I was scared at first and said I'll think about it. I started thinking more and more and said hey ..you only live once just go. So I took a flight from San Francisco to Tokyo (Norita), to Manila. I was nervous as hell but she was there waiting for me. (I sent her money to meet me she is from Davao City). Anyway I don't want to drag this out too much. Stayed in Manila for a week because i was a little freaked about going to Mindanao. Eventually we booked the flight via Philippine Air lines and flew to Davao. I met all her friends and family. I was shocked. They treated me so nice and i didn't expect it. We visited Samal many times, Telicud island (isla rita) maybe 10 times did resort hoping around Telicud. Flew to Cebu, and eventually made our way to Boracay. I staid many times at her parents place..had fun beers with pops and mom..uncles and aunts..i arrived there nov 6 and left may 4th..i can easily say ..the time of my life..while i was there i fell in love and proposed with a nice ring..i asked papa for permission in private before i was even gonna attempt this. Eventually the day came ..my fiance and I flew back to Manila from Davao and it was a sad 2 days..I didn't want to leave and she wanted me to stay. I'm back in San Francisco/San Jose now. I miss her and we want to work on our visa. When I got back i reinstated my unemployment. Still have plenty from my severance package. I have an interview next week which is encouraging. And starting school again.(online) I scheduled all this abroad shortly before I came back. (gotta prepare). My question is..my family has fallen in love with her as much as i have and are more than willing to co sponsor despite my current situation. Is this possible or not? Your advice and thoughts are most appreciated. I'm new to the fiance visa process.

Regards,

Matthew