Which visa should we use?

[CasinoQueen 0]

Hi! I asked this in the K3 visa forum but was advised to post it here instead since it's specific to the Philippines. Thanks!

To the members of this visa forum:

I need advice on marriage-based US visas. My fiance is American and I am a Filipina. It's a long story that I don't want to detail, but the issue is we would like him to visit me in the Philippines. We want to live together, marry and stay in the country for a few months before flying together back to the US. My fiance as a retired serviceman has a pension and I have a rewarding job as well. We can afford short-term rent so that isn't a problem. He is renting an apartment and doesn't intend to renew it when the lease expires. When it does, he plans to put his things on storage and fly here for the vacation. But he does have a PO box there that he will keep.

What we'd like to know are these:

1) If we're going to stay here for only 3-4 months, which visa can/should we apply for? Immigrant visa? K3? Or DCF?

1a) For K3 visa, can we file the petition while he is here or must he be in US territory? If so, can his mother file the petition on our behalf or can we use her mailing address? She lives in the east coast and he in the west coast.

1b) For immigrant visa, I know the US spouse must be a resident of the Philippines. Does that mean Permanent Resident or Temporary Resident? How can he get Temporary/Permanent Resident status (whichever qualifies) and how much does it cost? Can this visa be done in 3-4 months?

1c) Same question about DCF. Temporary or Permanent Resident?

2) If he'll be here for 3-4 months, will my fiance need to get a Resident Visa in the Philippines? How?

3) How much is all this going to cost (visa app)?

4) Since his stuff will be in storage, will this be counted against us during our petition? He has a good pension and his credit rating is excellent. But he decided not to get a house yet since he'll be going on vacation here. At the same time, there's no use paying rent in a house in the US he won't live in. I'm just worried, will this be counted against us? If so, what remedy could we use for this?

5) What are the latest average timelines for these visas? Is 5 months max reasonable when filed say, on March or April?

[vsmtghdy 2]

Hi! I asked this in the K3 visa forum but was advised to post it here instead since it's specific to the Philippines. Thanks!

To the members of this visa forum:

I need advice on marriage-based US visas. My fiance is American and I am a Filipina. It's a long story that I don't want to detail, but the issue is we would like him to visit me in the Philippines. We want to live together, marry and stay in the country for a few months before flying together back to the US. My fiance as a retired serviceman has a pension and I have a rewarding job as well. We can afford short-term rent so that isn't a problem. He is renting an apartment and doesn't intend to renew it when the lease expires. When it does, he plans to put his things on storage and fly here for the vacation. But he does have a PO box there that he will keep.

What we'd like to know are these:

1) If we're going to stay here for only 3-4 months, which visa can/should we apply for? Immigrant visa? K3? Or DCF?

If you are not married yet, then he can file for a K-1 visa for you (Non-immigrant Fiance visa). If you are already married then he can either file for a K-3 (Non-immigrant spousal visa) or CR-1/IR-1 (Immigrant spousal visa). But what I understand from your querry is that you are still planning to get married in the Philippines, is that right?

1a) For K3 visa, can we file the petition while he is here or must he be in US territory? If so, can his mother file the petition on our behalf or can we use her mailing address? She lives in the east coast and he in the west coast.

He must be domiciled in the U.S. when he files for the petition. Because that is one of the requirements, petitioner must be U.S. domiciled. He can however, complete the documents and send it to her mother and let her mother send it to USCIS, to pretend that he is the one sending the application.

1b) For immigrant visa, I know the US spouse must be a resident of the Philippines. Does that mean Permanent Resident or Temporary Resident? How can he get Temporary/Permanent Resident status (whichever qualifies) and how much does it cost? Can this visa be done in 3-4 months?

I think you misunderstood what an Immigrant visa is. Immigrant spousal visa CR-1/IR-1 is when the applicant (that means you) is already married to the petitioner. CR-1 => when the applicant is married less than 2 years when they file for the visa petition and IR-1=> when they are married more than 2 years. When you apply for this visa, it usually takes about a year for the whole process. And since you are not married yet, you cannot file for either a K-3 nor a Cr-1/IR-1 visa. However, the K-1 visa (fiance visa) may take about 4-6 months for the whole proceddings granting there will be no RFE's or problems along the way.

1c) Same question about DCF. Temporary or Permanent Resident?

I don't think Philippines have a Direct Consular Filing.

2) If he'll be here for 3-4 months, will my fiance need to get a Resident Visa in the Philippines? How?

If your fiance will stay more than 21 days in the Philippines, he needs to apply for extension of stay at the Bureau if Immigration in Manila. Some travel agency may do this for him but may cost more that if he will file for himself.

3) How much is all this going to cost (visa app)?

For K-1 (I-129F)

Application $455.00

Visa Fee $131.00 (After Jan 1, 2008)

Medical Fee $ 145.00 (Peso equivalent)

Adjustment Of Status (I-485) $1010.00

Removing Conditions* (I-751) $545.00

Apply US Citizenship $675.00

____________________________________

Total $2961.00 (*$2416.00 if granted a 10 Year GC)

For CR/IR (I-130)

Application $355.00

Affidavit of Support Fee $ 70.00

Visa Fee $400.00 (After Jan 1, 2008)

Medical Fee $ 145.00 (Peso equivalent)

Removing Conditions* (I-751) $545.00

Apply US Citizenship $675.00

____________________________________

Total* $2190.00 (*$1645.00 if granted a 10 year GC)

For K-3 (I-130 + I-129F)

Application (K-3 no charge) $355.00

Visa Fee $131.00 (After Jan 1, 2008)

Medical Fee $ 145.00 (Peso equivalent)

Adjustment of Status (I-485) $1010.00

Removing Conditions* (I-751) $545.00

Apply US Citizenship $675.00

____________________________________

Total $2861.00 (*$2316.00 if granted a 10 Year GC)

Depends of which visa you'll be filing for.

4) Since his stuff will be in storage, will this be counted against us during our petition? He has a good pension and his credit rating is excellent. But he decided not to get a house yet since he'll be going on vacation here. At the same time, there's no use paying rent in a house in the US he won't live in. I'm just worried, will this be counted against us? If so, what remedy could we use for this?

He needs to be domiciled in the U.S. and may have to have an address in the US where USCIS can communicate with him, especially for the documents and forms.

5) What are the latest average timelines for these visas? Is 5 months max reasonable when filed say, on March or April?

Depends: K-1 may vary from 4-6 months. K-3 from 6-8 months and CR-1/IR-1 from 8 months to a year or more granting there will be no problems when you file the petition.

I hope this helps you in a way. I'm sure others will give more advises for you.

[hoosier 0]

""5) What are the latest average timelines for these visas? Is 5 months max reasonable when filed say, on March or April?

Depends: K-1 may vary from 4-6 months. K-3 from 6-8 months and CR-1/IR-1 from 8 months to a year or more granting there will be no problems when you file the petition. ""

Most of the information given by vsmtghdy is good other than timelines for K-1 and K-3 are pretty similar these days. 4-6 months is not even close to realistic these days for K1. right now your looking at 8 to 11 months for either K1 or K3 especially if you have the misfortune of having CSC as your service center.

You may also want to read about the time and requirements to get married in the Philippines. There are many posts on this just use search feature. Many opt to go the K-1 route and get married here in the states and just have a ceremonial wedding in the Philippines for the family. After all my research that is what me and my Fiancee ended up deciding was the best option for us.

The other Advantage of the K-1 route in your situation is he could fill out the paperwork now and get it sent in now rather than wait until march or April and you have a couple months jump on the time wait.