Options needed

[sjr09 155]

Nope - but I invite you to get into the PI forum here, and read a bit.

I can assure you I spend more time/reading in the PI forum then you.

Phladetroit - you probably are confusing everything with the 28 day visa that a USCitizen is granted when entering the PI. Most USCitizens can't get married in the PI during that duration without paying some monies somewhere else (not at immigration control).

It's not that much money to extend it to 60 days, just pay some monies and get it.

If 'some monies' to extend the visa is really that big of an issue, please have another think, redo your plan.

"you probably are confusing everything with the 28 day visa that a USCitizen is granted when entering the PI."

THAT WOULD BE 21 DAYS

"It's not that much money to extend it to 60 days, just pay some monies and get it."

TOURIST (NON-RESTRICTED) ADMITTED INITIALLY FOR 21 DAYS MAY BE EXTENDED FOR ANOTHER 38 DAYS P 3,030.00= 74.1013 USD EXTENSION AFTER 59 DAYS P 4,800.00= 117.388 USD

"Most USCitizens can't get married in the PI during that duration without paying some monies somewhere else"

Rubbish, I have seen this done in 10 days, only took me 12 days, can certainly be accomplished by any US Citizen before 21 days, done all the time with out paying "some monies somewhere else."

Edited December 3, 2012 by sjr09

[Darnell 8,478]

sjr - rubbish indeed. My brain is broken, I apologize - most of my stuff here is wrong.

[jameugiekaxavilon 25]

If you are thinking about the spousal route. First get married in the Philippines.

Certificate of legal capacity to marry (US citizen). You can get this in US embassy manila or cebu.

Requirements:

1) Divorce decree if divorce or death certificate if widowed.

2) His/her birth certificate.

3) US passport.

4) Some pictures of you together. Some CO will ask few questions.

5) Payment of the certificate.

Marriage License. You can file this in your local registrar office.

Requirements:

1) Certificate of legal capacity to marry (US citizen).

2) Birth certificate of the filipino citizen from NSO.

3) Birth certificate of the US citizen.

4) Certificate of No Marriage of both parties. You can get this in the NSO. Foreign citizen are required to obtan CENOMAR to determine that he/she had never entered into marriage in the Philippines before.

5) Seminars.

6) Payment of the Certificate.

Church Wedding.

Requirements:

1) Marriage license.

2) Legal capacity to marry (US citizen)

3) Seminars

Civil Wedding

Requirements:

1) Marriage license

2) Witnesses.

Note: Make extra copy of the legal capacity to marry; Birth certificate and cenomar.

Spousal visa application read the link below

http://travel.state.gov/visa/immigrants/types/types_2991.html

Edited December 3, 2012 by jameugiekaxavilon

[sjr09 155]

sjr - rubbish indeed. My brain is broken, I apologize - most of my stuff here is wrong.

All’s good brahda.

[CJ8611 6]

Good day VJ Family,

We just wanna know what could be our other options IF ever US citizen fiance cant stay for 4 weeks in my country as a requirement for spousal visa in case our I-129 fiance visa application will be denied?

Your idea and advice is highly appreciated.

Thank you so much.

Hi, first off, like what Ryan H said, be positive!

However, if you change plans and decide on going the spousal visa route, everything can be done in 3 weeks, I think. My husband stayed here in the PH for 4 weeks and that already included our honeymoon. We had a church wedding. I wish to note though we have undergone the paperwork process accordingly, without requesting for any urgent processing. You may get more info here, for you to study about what's needed from the USC: http://manila.usemba...v/marriage.html.

The day after my husband arrived, we got the legal capacity to marry certificate at the US Embassy, then proceeded to applying for a marriage license, waited for 10 working days. Got the marriage license in time for our wedding.

As for staying for more than 21-days, the USC may apply for a visa at the nearest Philippine Consulate, check this out: http://manila.usemba...v/wwwha006.html My husband didn't mention anything about getting a visa though, possibly because he's Filipino, I'm not sure though.

Just plan out your timeline well, do research on the processing time of documents and the requirements at the municipal office of the city or province of the Filipino citizen or where the marriage license will be obtained and where the wedding will take place. And if you plan on having a church wedding, research too on the requirements of the church where you plan to get married.

Edited December 3, 2012 by CJ8611

[bigdog 376]

CR-1 is a better backup plan, the K3 is an obsolete visa type.

:thumbs:Why would you not be granted a I129f?

[BABA70 2]

K1 Visa petition is very easy. If your case is denied find out the reason why your petition was denied and follow the instructions. When a ki petition is denied you can appeal or reopen the case and provide the USCIS with the information needed and i bet you your petition will be approved. I had my case denied twice but thank God and visa Journey for the help I got. Let me know what the reason for denying for petition we can work it out together.

Edited December 3, 2012 by BABA70

[Stephen + Elisha 92]

:thumbs:Why would you not be granted a I129f?

The OP had their petition sent back to USCIS by the consulate after the initial interview. They've been notified that a Notice of Intent to Deny (NOID) is in the mail, though AFAIK they haven't received the hard copy yet.

Previous thread: http://www.visajourney.com/forums/topic/401915-i-129f-termination-letter/

Edited December 3, 2012 by Stephen + Elisha

[Phladetroit 0]

Good day,

What are the options if K1 visa application gets denied?

Thank you and more power

[apple21 953]

What's the reason for the denial?

[Ryan H 3,812]

Moved from Removing Conditions on Residency Discussion to K1 Process & Procedures.

**Organizer hat off**

First of all, think positively.

Secondly, if the visa gets denied and the petition is sent back. USCIS will likely allow it to expire in which case your choices are this:

• Start over by filing another petition.
  
• Get married and file a petition on behalf of a spouse.
  

While USCIS may allow the petition to expire (the most likely outcome); they could reaffirm their original approval and send it back for another interview. Or they could send you a Notice of Intent to Revoke (NOIR). If you were to receive an NOIR, you must send a rebuttal by the deadline on the notice and must address each point on the notice in your rebuttal. Failure to properly respond to NOIR will result in the petition being revoked (Note: proper response to an NOIR does not guarantee reaffirmation).

Finally, and I'll say what I said previously......THINK POSITIVE!

Edited January 9, 2013 by Ryan H

[jaycali 415]

If for any reason your K-1 application is denied, the first thing you'll need to do is find out exactly why it was denied.

Once you have a clear picture of why it was denied, you have several options (depending on the reason for denial.)

The vast majority of K-1 denials happen because the consular officer simply is not convinced that a real, bona fide relationship exists. While the consulate does not have the authority to actually revoke the petition per se, they can refuse to issue the visa, and leave it to expire. De facto denial.

The steps in this case are usually:

1. Find out why the CO didn't believe your relationship was real.

2. Create a game plan and gather evidence to prove your relationship beyond reasonable doubt.

3. Get married in the Philippines or a 3rd country, then file an I-130 for a CR-1 visa.

PS. Even if you are married and apply for a CR-1, the underlying reason for the K-1 denial will still be there. The CO will not be convinced simply because you got married. He/she will still need to be convinced that your marriage is real and not purely for immigration purposes.

If the CO believes your relationship to be real, but you have a bar for any reason, you're in an equally tough, if not tougher spot. Most bars are given for overstay, but may also be given for other negative immigration history, or crimes involving moral turpitude (generally fraud, violent crimes, drugs, sex crimes etc.) If the bar is given for fraud (including false claim to US citizenship), gang affiliation, drug related crimes, sex crimes or an aggravated felony you can almost positively forget about any immigrant visa. Ever.

If the bar is given for less serious crimes, overstay or other less serious immigration violations you and your significant other may be eligible for an I-601 waiver. This is a waiver of a re-entry bar for immediate relatives of US citizens who can prove extreme hardship if they were forced to be separated from their relative or had to move to the relative's country.

Note that being eligible for a waiver, and having a waiver actually granted are two very different things. Waiver territory is lawyer territory.

For overstays, there is a 3/10 year bar rule. Overstay between 180 days to one year is a 3 year bar. Overstay of more than 1 year is a 10 year bar. No overstay is accumulated before a person turns 18.

Edited January 9, 2013 by Jay Jay

[Tahoma 2,292]

What are the options if K1 visa application gets denied?

The options have not changed since the last time you asked this question.

[Ontarkie 14,230]

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