What to file

[mhaize 0]

Hi I have a friend that got married to a US citizen in California on Dec. 2008 while she was a tourist. On April 2009 they got married in the Philippines. Now she is back here to be with her hubby and she is holding a tourist visa. They are wondering what kind of visa do they need to file? Can they fle CR/IR-1 or K3. I'll appreciate any idea.

thanks

mhaize

[VanessaTony 3,567]

Hi I have a friend that got married to a US citizen in California on Dec. 2008 while she was a tourist. On April 2009 they got married in the Philippines. Now she is back here to be with her hubby and she is holding a tourist visa. They are wondering what kind of visa do they need to file? Can they fle CR/IR-1 or K3. I'll appreciate any idea.

She will need to return home and file a CR-1. K3 is more expensive and though some people claim it saves around a month or so of processing, it's cost far out-weighs this benefit.

She entered the US on a tourist visa with intent to immigrate. As she was married at the time of entry, and as she entered as a tourist, it will be hard to prove she didn't intend to immigrate (which is ILLEGAL) so AOS while she is there is out of the question.

It will take about 6 months, usually more but less than 12 months if everything goes well. In the meantime she can visit her husband and he can visit her but she will need to prove strong ties to home (such as leases, bills, contracts, letter from work, etc).

[mhaize 0]

Thanks so much for quick response, I let her know bout it.