I-130 vs I-129F: where to post?

[Windblown 0]

Using the "advanced search," I haven't found a place on this forum where I-130 issues have ever been discussed ("No results found for 'I-130'") other than an FAQ page, which isn't really discussion, per se. Since it appears to me that the I-130 is an appealing alternative to the I-129F/K-1 route for my fiancee to immigrate, this seems odd - maybe I just haven't found the right place. Anyone?

Anyway, here's my current confusion: I was pretty far into completing paperwork for an I-129/K-1 with my Filipina fiancee when a friend told me that when he'd married his Japanese wife, he had simply gone to Japan and done the whole thing through the US Embassy there. It was relatively quick for him in Japan: they married one day, then went to the embassy to interview the next two days, after which she was allowed entry into the US. Since I don't really care whether we get married in the US or the Philippines to begin with, this seems to have significant appeal over the typical I-129F procedure as I understand it, though I suppose it's possible that embassy policy in the Philippines is different than in Japan. I also don't know for sure that he and his wife used the I-130, but I don't see any other process/form on the USCIS website that could possibly have applied, and he's not sure, since his wife took care of all the arrangements (lucky man!!)

Where should I be looking/asking about this route?

WB

[JlovesA 109]

1-130 is the petition for an alien family member. When that family member is a spouse, the visa is called CR-1/IR-1. There is a whole forum on VJ for it: http://www.visajourney.com/forums/forum/110-ir-1-cr-1-spouse-visa-process-procedures/

The process your friend used was called Direct Consular Filing. Generally you need to have been living in the country where you file it for at least 6 months. It's unclear whether your friend was living in Japan. Either way, VJ also has a forum here about DCF: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[payxibka 10,047]

The process your friend used was called Direct Consular Filing. Generally you need to have been living in the country where you file it for at least 6 months. It's unclear whether your friend was living in Japan. Either way, VJ also has a forum here about DCF: http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

or it could have been before the Sec State mandated adherence to the 6 mos. living in country rule a couple years ago

[Windblown 0]

or it could have been before the Sec State mandated adherence to the 6 mos. living in country rule a couple years ago

ah, I think this might be the case - my friend had not been to Japan at all until his "marriage trip," and I think it was more than a couple of years ago - I'm waiting to hear back from him now with more details.

Still, though, looking through the I-130, the summary page at USCIS website, and the "so you want to..." pdf they also provide, I see no mention of required petitioner residency time in the fiancee's country of residence. Where's that secretary of state rule documented? Is there something I didn't see in scanning through those forms that does make this possible foreign-residency requirement clear? I'd think a couple of years would be ample time to revise forms/instructions to make this clear...

[Windblown 0]

a little more digging led me to look belatedly at the US embassy website (Manila, Philippines - http://manila.usembassy.gov/wwwhlove.html) - which also not only doesn't mention any residency requirement for petitioners, but does much to imply the opposite (I added bold emphasis to indicate these sections):

How do I get married in the Philippines?

STEP 1: Obtain an "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage at the U.S. Embassy's American Citizen Services Branch Monday through Friday from 7:30 a.m. to 8:30 a.m. The U.S. citizen must present his or her U.S. passport. It is not necessary for the fiancée/fiancé to appear.

STEP 2: File an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the couple lives. In order to apply for a marriage license, you will need:

Your U.S. passport;

The Affidavit from the U.S. Embassy;

A divorce decree or spouse's death certificate, if previously married;

Proof that you have informed your parents if you are 22 to 24; or

Proof of parental consent if you are 18 to 21.

STEP 3: Get married!

According to the same instructions, from there, assuming the IR-1 visa petition is approved (at the New Hampshire NVC), there's still some unknown delays during which:

1) I submit an I-864 to swear financial support

2) NVC sends forms to spouse

3) I notify NVC that these docs are ready

4) NVC sends their relevant docs to the Manila embassy

5) embassy schedules interview with spouse

I'm guessing I really need to contact the US embassy in Manila to get a definitive answer & start the process. Is there a game-wrecking detail I have missed in all of this?

WB

[JlovesA 109]

a little more digging led me to look belatedly at the US embassy website (Manila, Philippines - http://manila.usemba.../wwwhlove.html) - which also not only doesn't mention any residency requirement for petitioners, but does much to imply the opposite (I added bold emphasis to indicate these sections):

According to the same instructions, from there, assuming the IR-1 visa petition is approved (at the New Hampshire NVC), there's still some unknown delays during which:

1) I submit an I-864 to swear financial support

2) NVC sends forms to spouse

3) I notify NVC that these docs are ready

4) NVC sends their relevant docs to the Manila embassy

5) embassy schedules interview with spouse

I'm guessing I really need to contact the US embassy in Manila to get a definitive answer & start the process. Is there a game-wrecking detail I have missed in all of this?

WB

Judging by the steps to get a marriage license you posted, I think you've confused the idea of getting married in a foreign country and applying at a US consulate in a foreign country to obtain a visa for your spouse. You can get married anywhere you want. The petition/visa process is a whole different ball game.

The idea that you must have lived in the foreign country where your spouse is for at least 6 months before applying for DCF is not something this website pulled out of thin air. I'm sure if you look in the appropriate forum (the one I posted earlier), you will find more information about it. Right now you are posting in a K1 forum where you most people, you guessed it, know more about the K1 visa.

[payxibka 10,047]

a little more digging led me to look belatedly at the US embassy website (Manila, Philippines - http://manila.usembassy.gov/wwwhlove.html) - which also not only doesn't mention any residency requirement for petitioners, but does much to imply the opposite (I added bold emphasis to indicate these sections):

According to the same instructions, from there, assuming the IR-1 visa petition is approved (at the New Hampshire NVC), there's still some unknown delays during which:

1) I submit an I-864 to swear financial support

2) NVC sends forms to spouse

3) I notify NVC that these docs are ready

4) NVC sends their relevant docs to the Manila embassy

5) embassy schedules interview with spouse

I'm guessing I really need to contact the US embassy in Manila to get a definitive answer & start the process. Is there a game-wrecking detail I have missed in all of this?

WB

Big difference between getting married in the PI and applying for a US visa.... the instructions you pulled refer on how to get married. Period.

[Windblown 0]

Big difference between getting married in the PI and applying for a US visa.... the instructions you pulled refer on how to get married. Period.

No, that source - from the link that was apparently auto-broken by the forum-bots last time I tried to post it ( http://manila.usembassy [dot gov] /wwwhlove.html ) is official and right on point - if misleading by omission or outright error - summarizing itself with "This fact sheet will answer some of the most frequently asked questions about immigration to the United States for your Filipino fiancée/fiancé or spouse." It covers what it describes as FAQs for both K-1 and IR-1 visas. And it's misleading, if indeed the Manila embassy won't process an IR-1 because I'm not living in the Philippines, as there is no mention of this requirement. In fact, the same page implies the reverse concern: Q: "Can I file a petition if my permanent residence is in the Philippines? A: Yes, you may file a petition if you live overseas..." There's no mention of DCF that I can find. A phone call or two (or four) during business hours may get me the specific info I need, though I would rather have it in writing, on their website, at least.

I'll check with the Manila embassy directly to get the word straight from the horse's mouth. And JlovesA is surely correct in that I really should be digging/posting in the IR-1/DCF/Philippines forums to further my inquiry.

[payxibka 10,047]

From the USCIS field office located in Manila: (emphasis added)

Form I-130

U.S. citizens residing(not just visiting) in the Philippines may file a Petition for Alien Relative (Form I-130) by coming to the Customer Service window on a walk-in basis. Local filing information for all other individuals may be obtained by calling the Manila Field Office.

https://egov.uscis.gov/crisgwi/go?action=offices.detail.overseas&office=Manila&OfficeLocator.office_type=OS&OfficeLocator.statecode=Bangkok

Edited June 6, 2010 by payxibka

[payxibka 10,047]

No, that source - from the link that was apparently auto-broken by the forum-bots last time I tried to post it ( http://manila.usembassy [dot gov] /wwwhlove.html ) is official and right on point - if misleading by omission or outright error - summarizing itself with "This fact sheet will answer some of the most frequently asked questions about immigration to the United States for your Filipino fiancée/fiancé or spouse." It covers what it describes as FAQs for both K-1 and IR-1 visas. And it's misleading, if indeed the Manila embassy won't process an IR-1 because I'm not living in the Philippines, as there is no mention of this requirement. In fact, the same page implies the reverse concern: Q: "Can I file a petition if my permanent residence is in the Philippines? A: Yes, you may file a petition if you live overseas..." There's no mention of DCF that I can find. A phone call or two (or four) during business hours may get me the specific info I need, though I would rather have it in writing, on their website, at least.

I'll check with the Manila embassy directly to get the word straight from the horse's mouth. And JlovesA is surely correct in that I really should be digging/posting in the IR-1/DCF/Philippines forums to further my inquiry.

The page you reference was last update 01/2007. This was before the AWA debacle (summer 2007) which when Sec State mandated enforcement of the residency rules for I-130s filed abroad

[katie & sifa 25]

Even if you could file DCF, I've never heard of anyone marrying, applying, interviewing and being granted a visa within a one week time frame. This process takes months no matter which way you go.

[pushbrk 13,181]

You'll save a lot of time, just reading the guides here. Decide if you want to jump through the hoops to marry in the PI take the Fiancee visa route and then learn and follow the applicable spouse or fiancee path including careful study of the guides here and the actual form instructions. In either event, unless you plan to move to the PI for a year or more, you'll be filing a petition in the USA and waiting 5 to 8 months for a visa interview.

Bear in mind USCIS doesn't issue visas.

[myjamwifey 2]

You'll save a lot of time, just reading the guides here. Decide if you want to jump through the hoops to marry in the PI take the Fiancee visa route and then learn and follow the applicable spouse or fiancee path including careful study of the guides here and the actual form instructions. In either event, unless you plan to move to the PI for a year or more, you'll be filing a petition in the USA and waiting 5 to 8 months for a visa interview.

Bear in mind USCIS doesn't issue visas.

Hello VJ,

I am about to send petition I130 on my stepdaughter. Is it correct that I send marriage certificate that shows my relations to the childs mom, childs bcertificate, my bcert. thanks

[pushbrk 13,181]

Hello VJ,

I am about to send petition I130 on my stepdaughter. Is it correct that I send marriage certificate that shows my relations to the childs mom, childs bcertificate, my bcert. thanks

Yes, but this too is spelled out clearly in the I-130 instructions. Perhaps you read it there and got it right BECAUSE of that? This has nothing to do with K1 though.

[* Kristin * 49]

Even if you could file DCF, I've never heard of anyone marrying, applying, interviewing and being granted a visa within a one week time frame. This process takes months no matter which way you go.

Speaking of filing DCF... I've been searching the Forum (just found out about it - it's great) to try to figure out how to file for our K1... I'm American but have been living and working in London permanently since 2007. Fiance is British. Can we file DCF.. or...? Consulate website has been less than helpful thus far.. :-/