I-130 and I-864 question. Please help me; I'm new here.

[Mike&Cherry 45]

Hello Everyone,

How are you doing? My name is Mike and I'm new here and I'm very happy that I have found this website. I want to prepare far in advance for everything to make sure that there are no problems. I'll be going to the Philippines in January to marry the love of my life Cherry. Since we haven't known each other over two years the only option we have is to apply for the K-3 visa after we get married. My question is what does the USCIS "Stand-Alone" I-130 mean? Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila? Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

Another question I have is about the I-864 form. Do I send this in with the I-130 form? I am aware of what documents I need to send in, but are there any other official forms that I need to pass in with the I-130? Also I understand what the poverty guidelines are. My income for 2009 was $18,271 and the poverty level at 125% was $18,213. I just barely made the cut by $58. But by the end of this year of 2010, I will end up making $38,000. Should I wait to get my W-2 for 2010 and not pass in the 2009 W-2 or will the 2009 W-2 be suffient? Or maybe I can include a 2010 pay stub with my 2009 W-2? The thing is, by the time I go to the Philippines I will not have my 2010 W-2 in hand to go to the U.S. Embassy in Manila with. So back to my original question in this post, Am I able to turn in or process any VISA applications while I am in Manila?

If anyone who has had experience with this could please help me out, I would really appreciate it. And from what I see on this site, it seems that everyone has gone through this process already. I just want to make sure that I do everything correctly to not delay my soon to be wife's Visa so we can be together here in the U.S. as soon as possible.

Thanks so much for your help and time,

Mike

P.S. Please remember that I am very new to this lenghty process and I am not familiar with many of the acronyms or abbreviations. I know over time that I will learn them, but for the meantime I hope that you understand my unfamiliarity.

[Angeli 5]

Hi Mike. I hope my answers below (in blue) will help you.

My question is what does the USCIS "Stand-Alone" I-130 mean?

Stand-alone I-130 application means that the petitioner (which is you) will only submit I-130 to the USCIS, unaccompanied by I-485 or the Adjustment of Status form.

Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila?

Direct consular filing is when you will apply the petition directly to the US embassy or consulate in the foreign citizen's country. It is only applicable to certain countries. Unfortunately, the Philippines can only allow DCF if the US citizen is a resident of the beneficiary's country. Your stay will just be a short-term so therefore you are not qualified with DCF.

Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

I-130 petitions are filed to USCIS where the petitioner is domicile. In your case, you lived in the US permanently while you are only visiting here in the Philippines. So you should file it when you go back to the US. I suggest you bring the initial forms to be used such as I-130 and G-325A so you can fill it up together with your soon-to-be wife.

Another question I have is about the I-864 form. Do I send this in with the I-130 form?

No. You will submit the I-864 to the NVC when they ask you too. NVC is the next step after your petition is approved by the USCIS.

I am aware of what documents I need to send in, but are there any other official forms that I need to pass in with the I-130?

A copy of your marriage certificate, form G-325A (one of you and one for your wife, a copy of your birth certificate, termination of marriage if divorced, passport pictures of both of yoy, check of $355 addressed to the US Department of Homeland Security.

Should I wait to get my W-2 for 2010 and not pass in the 2009 W-2 or will the 2009 W-2 be suffient? Or maybe I can include a 2010 pay stub with my 2009 W-2? The thing is, by the time I go to the Philippines I will not have my 2010 W-2 in hand to go to the U.S. Embassy in Manila with.

Documents showing your income will be submitted together with your form I-864 to the NVC. When you will start filing early next year, I'm sure you still can secure the 2010 W/2 which is better than 2009. But you should gather the latest 3 years of your tax documents (2008,2009,2010) because the NVC or the embassy (during the interview) may ask for it.

So back to my original question in this post, Am I able to turn in or process any VISA applications while I am in Manila?

Again, you should file the I-130 petition to the USCIS in the US. Once approved, that's the time your wife can apply for a visa at the National Visa Center (NVC). You and your wife will be sending filled-up forms and other documents per request by the NVC and also pay the corresponding fees. Once your case will be completed, your documents will be forwarded to the US embasy in Manila where she will have her interview. She also needs to undergo a medical exam at St. Lukes Extension clinic before her scheduled interview.

PS: Me and my husband are doing the K3 (I-130 and I129F petitions) now. First, he submitted the I-130 then after he received the receipt notice, send in the I-129F. We are still waiting for the approval. We didn't know that time that what happens recently is both forms are approved by the USCIS at the same time. So when the NVC recieves both forms together, they will stop the I-129F and proceed to I-130 for immigrant visa (CR11/IR) application. SO I suggest that you should only file for I-130. Filing for I-129F, I should say, is pointless!

Edited October 25, 2010 by ChaseCallen

[George & Gina 29]

Hi Mike,

Welcome..

I'll be filing the I-130 for my wife soon also. I'm still waiting for the NSO Marriage Certificate, which takes a while. The MC you receive from the civil registrar cannot be used to file, so it may be a while. Check out the Philippines regional forums here on VJ for info particular to the Philippines.

Give this a read...

http://www.visajourn..._live_in_the_US

George

Hello Everyone,

How are you doing? My name is Mike and I'm new here and I'm very happy that I have found this website. I want to prepare far in advance for everything to make sure that there are no problems. I'll be going to the Philippines in January to marry the love of my life Cherry. Since we haven't known each other over two years the only option we have is to apply for the K-3 visa after we get married. My question is what does the USCIS "Stand-Alone" I-130 mean? Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila? Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

Another question I have is about the I-864 form. Do I send this in with the I-130 form? I am aware of what documents I need to send in, but are there any other official forms that I need to pass in with the I-130? Also I understand what the poverty guidelines are. My income for 2009 was $18,271 and the poverty level at 125% was $18,213. I just barely made the cut by $58. But by the end of this year of 2010, I will end up making $38,000. Should I wait to get my W-2 for 2010 and not pass in the 2009 W-2 or will the 2009 W-2 be suffient? Or maybe I can include a 2010 pay stub with my 2009 W-2? The thing is, by the time I go to the Philippines I will not have my 2010 W-2 in hand to go to the U.S. Embassy in Manila with. So back to my original question in this post, Am I able to turn in or process any VISA applications while I am in Manila?

If anyone who has had experience with this could please help me out, I would really appreciate it. And from what I see on this site, it seems that everyone has gone through this process already. I just want to make sure that I do everything correctly to not delay my soon to be wife's Visa so we can be together here in the U.S. as soon as possible.

Thanks so much for your help and time,

Mike

P.S. Please remember that I am very new to this lenghty process and I am not familiar with many of the acronyms or abbreviations. I know over time that I will learn them, but for the meantime I hope that you understand my unfamiliarity.

[Mike&Cherry 45]

Those were precisely the answers I was looking for. Thank you very much for taking the time to answer and helping us out. That means a lot to me. The answers were so good that I have no more questions at this point, but I'm sure there will be plenty more as we go through the lengthy process of dealing with the system. And before I go, I want to wish you both the best on your journey. God Bless.

Mike

[Mike&Cherry 45]

Hi Mike,

Welcome..

I'll be filing the I-130 for my wife soon also. I'm still waiting for the NSO Marriage Certificate, which takes a while. The MC you receive from the civil registrar cannot be used to file, so it may be a while. Check out the Philippines regional forums here on VJ for info particular to the Philippines.

Give this a read...

http://www.visajourn..._live_in_the_US

George

Thank you so much George. That's good to know. I don't want anything to slow down this whole process longer than it needs to be. Thanks for being so helpful. Take care and God Bless.

Mike

[Angeli 5]

Those were precisely the answers I was looking for. Thank you very much for taking the time to answer and helping us out. That means a lot to me. The answers were so good that I have no more questions at this point, but I'm sure there will be plenty more as we go through the lengthy process of dealing with the system. And before I go, I want to wish you both the best on your journey. God Bless.

Mike

You're welcome. Feel free to ask questions anytime. Take care! Godbless.

Angeli

[Angeli 5]

Oh! About getting married here in the Philippines, you need to know this information so you and your fiancee can start preparing now for you to have a smooth-sailing journey through your wedding and visa processing later on. Please click the link below.

http://manila.usembassy.gov/wwwha009.html

[Angeli 5]

Lastly...

Just a piece of advice, after the wedding (I understand you both will consider going to other places for your honeymoon but...) you may consider paying a visit to the Office of the Civil Registrar where you filed you marriage license first. Ask the in-charge that you will be the one to submit it to the National Statistics Office instead of letting them do it because trust me it would take more time if they will do it for you. By the time you're at the NSO, tell them to process your marriage certificate for "electronic endorsement". This way, you can get the security paper (the kind of marriage certificate required by the USCIS, NVC and embassy) in two weeks or less. Not being able to do so could take months of waiting just for that one requirement. Then after that, well, off you go for your honeymoon

[bestofboston 36]

You should also be prepared for a long wait. The USCIS process takes a minimum of 5 months. This week it will be 5 months waiting for my NOA2 and I have heard nothing from the USCIS. Then you will have to wait another approximately 3 months from the time you receive your NOA2 to getting your wife here to the USA. The CR1 process takes longer than the K1 process and based on Visa Journey.com, the K3 process is no longer an available method of getting your spouse here sooner. So plan on 8 months from the time you submit your paper work until you get your bride here to the USA.

I just hope I will see the NOA2 soon from the USCIS.

[mrsean 4]

Hello Everyone,

How are you doing? My name is Mike and I'm new here and I'm very happy that I have found this website. I want to prepare far in advance for everything to make sure that there are no problems. I'll be going to the Philippines in January to marry the love of my life Cherry. Since we haven't known each other over two years the only option we have is to apply for the K-3 visa after we get married. My question is what does the USCIS "Stand-Alone" I-130 mean? Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila? Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

Another question I have is about the I-864 form. Do I send this in with the I-130 form? I am aware of what documents I need to send in, but are there any other official forms that I need to pass in with the I-130? Also I understand what the poverty guidelines are. My income for 2009 was $18,271 and the poverty level at 125% was $18,213. I just barely made the cut by $58. But by the end of this year of 2010, I will end up making $38,000. Should I wait to get my W-2 for 2010 and not pass in the 2009 W-2 or will the 2009 W-2 be suffient? Or maybe I can include a 2010 pay stub with my 2009 W-2? The thing is, by the time I go to the Philippines I will not have my 2010 W-2 in hand to go to the U.S. Embassy in Manila with. So back to my original question in this post, Am I able to turn in or process any VISA applications while I am in Manila?

If anyone who has had experience with this could please help me out, I would really appreciate it. And from what I see on this site, it seems that everyone has gone through this process already. I just want to make sure that I do everything correctly to not delay my soon to be wife's Visa so we can be together here in the U.S. as soon as possible.

Thanks so much for your help and time,

Mike

P.S. Please remember that I am very new to this lenghty process and I am not familiar with many of the acronyms or abbreviations. I know over time that I will learn them, but for the meantime I hope that you understand my unfamiliarity.

why not file for a K1 YOU DO NOT NEED TO KNOW EACH OTHER FOR 2 YEARS!!!!you have to meet each other within two years and it is faster than K3/cr1 go to philippines and meet and spend time then file for k1

[sera77 35]

Hello Everyone,

How are you doing? My name is Mike and I'm new here and I'm very happy that I have found this website. I want to prepare far in advance for everything to make sure that there are no problems. I'll be going to the Philippines in January to marry the love of my life Cherry. Since we haven't known each other over two years the only option we have is to apply for the K-3 visa after we get married. My question is what does the USCIS "Stand-Alone" I-130 mean? Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila? Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

Mike,

You do not need to have known each other for 2 years, you only need to have met in person at some point in the past two years. For example, you could have met online 2 months ago, flown over last week, be back this week and file for the 129f for K1 visa today. Just try to pull together the proof that you two met over there. Passport photocopy, credit card charges for flight photocopy, pictures of you two together. I've seen several people mention this '2 year together' requirement lately on VJ, and it's incorrect.

[pushbrk 12,824]

Hello Everyone,

How are you doing? My name is Mike and I'm new here and I'm very happy that I have found this website. I want to prepare far in advance for everything to make sure that there are no problems. I'll be going to the Philippines in January to marry the love of my life Cherry. Since we haven't known each other over two years the only option we have is to apply for the K-3 visa after we get married. My question is what does the USCIS "Stand-Alone" I-130 mean? Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila? Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

Another question I have is about the I-864 form. Do I send this in with the I-130 form? I am aware of what documents I need to send in, but are there any other official forms that I need to pass in with the I-130? Also I understand what the poverty guidelines are. My income for 2009 was $18,271 and the poverty level at 125% was $18,213. I just barely made the cut by $58. But by the end of this year of 2010, I will end up making $38,000. Should I wait to get my W-2 for 2010 and not pass in the 2009 W-2 or will the 2009 W-2 be suffient? Or maybe I can include a 2010 pay stub with my 2009 W-2? The thing is, by the time I go to the Philippines I will not have my 2010 W-2 in hand to go to the U.S. Embassy in Manila with. So back to my original question in this post, Am I able to turn in or process any VISA applications while I am in Manila?

If anyone who has had experience with this could please help me out, I would really appreciate it. And from what I see on this site, it seems that everyone has gone through this process already. I just want to make sure that I do everything correctly to not delay my soon to be wife's Visa so we can be together here in the U.S. as soon as possible.

Thanks so much for your help and time,

Mike

P.S. Please remember that I am very new to this lenghty process and I am not familiar with many of the acronyms or abbreviations. I know over time that I will learn them, but for the meantime I hope that you understand my unfamiliarity.

First off, knowing your fiancee for more than two years is not an issue. For a fiancee visa, you must have been together in person at least once during the past two years. It doesn't matter how long you've known each other.

Second, the currently available spouse visa is the CR1. K3 is dead.

You do not send the I-864 with the I-130. Please start by studying the IR1/CR1 guide here and the I-130 instructions for what to file. You may also want to revisit the K1 fiancee visa process, as it is definitely still an option. If you're going that soon anyway, the spouse visa may be a better choice but if you've seen her in the last two years, you could file the fiancee petition now, instead of waiting until after you return from your trip.

[AlexJane 2]

Hello Everyone,

How are you doing? My name is Mike and I'm new here and I'm very happy that I have found this website. I want to prepare far in advance for everything to make sure that there are no problems. I'll be going to the Philippines in January to marry the love of my life Cherry. Since we haven't known each other over two years the only option we have is to apply for the K-3 visa after we get married. My question is what does the USCIS "Stand-Alone" I-130 mean? Because I have to have that sent to the Chicago lockbox. I will be in the Philippines for about 1 month and was wondering if I can turn the I-130 application in to the U.S. Consulate at the U.S Embassy in Manila? Or do I have to wait until I get back home to my permanent residence in the U.S. and send it to the Chicago lockbox?

Another question I have is about the I-864 form. Do I send this in with the I-130 form? I am aware of what documents I need to send in, but are there any other official forms that I need to pass in with the I-130? Also I understand what the poverty guidelines are. My income for 2009 was $18,271 and the poverty level at 125% was $18,213. I just barely made the cut by $58. But by the end of this year of 2010, I will end up making $38,000. Should I wait to get my W-2 for 2010 and not pass in the 2009 W-2 or will the 2009 W-2 be suffient? Or maybe I can include a 2010 pay stub with my 2009 W-2? The thing is, by the time I go to the Philippines I will not have my 2010 W-2 in hand to go to the U.S. Embassy in Manila with. So back to my original question in this post, Am I able to turn in or process any VISA applications while I am in Manila?

If anyone who has had experience with this could please help me out, I would really appreciate it. And from what I see on this site, it seems that everyone has gone through this process already. I just want to make sure that I do everything correctly to not delay my soon to be wife's Visa so we can be together here in the U.S. as soon as possible.

Thanks so much for your help and time,

Mike

P.S. Please remember that I am very new to this lenghty process and I am not familiar with many of the acronyms or abbreviations. I know over time that I will learn them, but for the meantime I hope that you understand my unfamiliarity.

I think when we here in VJ say a stand alone petition (I-130) in means filing it without the I-129f.

[AlexJane 2]

Lastly...

Just a piece of advice, after the wedding (I understand you both will consider going to other places for your honeymoon but...) you may consider paying a visit to the Office of the Civil Registrar where you filed you marriage license first. Ask the in-charge that you will be the one to submit it to the National Statistics Office instead of letting them do it because trust me it would take more time if they will do it for you. By the time you're at the NSO, tell them to process your marriage certificate for "electronic endorsement". This way, you can get the security paper (the kind of marriage certificate required by the USCIS, NVC and embassy) in two weeks or less. Not being able to do so could take months of waiting just for that one requirement. Then after that, well, off you go for your honeymoon

Wow we did not know that the cert. of marriage that they type there at the civil reg. is not good enough for USCIS. But I have the Nso version (electronic endorsement) I guess we are getting an RFE!!!

[Angeli 5]

Wow we did not know that the cert. of marriage that they type there at the civil reg. is not good enough for USCIS. But I have the Nso version (electronic endorsement) I guess we are getting an RFE!!!

Well, my husband called the USCIS before to ask if the civil registar's copy is good enough and they say it's okay. But I still chose to wait for the NSO marriage certificate to be sure. Someone who also wrote a comment on this thread said the NSO is the one that is required. Quite confusing! But hey! You didn't get any RFE notice yet and if you will, you already have the security paper so you can mail it right away. Let's just hope no RFE for you so it wouldn't take additional time for them to grant the noa2!