K-1 or K-3 visa?

[cloud9gt 0]

Hello,

Me and my fiance are living in Manila, Philippines. We have been together for 9 years and we both have a 4 year old daughter. They are both US citizens and I'm not. She wants to move us (the family) to California to have a better life for our daughter. What visa would be better and faster to get me in the US? I was thinking that the K-1 visa would be faster but I have also heard that K-3 would be faster and less of a hassle. She is leaving with our daughter back to California soon. What does she need to do on her end to expedite the visa faster? What can I do on my end? Should she just hire an immigration lawyer from CA? What kind of requirements will we need? Does she need to find a job fast? Any outstanding balance she needs in her bank account? Thanks in advance and God bless.

[Enigma23 68]

I believe you are referring to Direct Consular Filing:

Here is a VJ Guide but other than that I have nothing more to contribute... as I'm a K-1 filer and don't know the process. Just wanting to be helpful.

The following should get you started though.

Best Wishes!!

http://www.visajourney.com/content/dcf

http://manila.usembassy.gov/wwwh3023.html

Someones personal experience of the process.

http://www.livingincebuforums.com/ipb/topic/31527-procedures-for-us-immigrant-visa-using-direct-consular-filing-dcf/

Edited February 4, 2014 by Enigma23

[Vic20r 14]

Are you guys married already? Because u are using the word "fiance"..If not then i think the only way she can do is to file for K1 visa for u..

Edited February 4, 2014 by Vic20r

[cloud9gt 0]

We are not yet married. Our first option was a fiance visa but i spoke to a paralegal from san francisco and she told me that a spouse visa would be better and faster. If thats the case, we would get married first before she heads back to california. I have also read that a spouse visa takes longer than a fiance visa. So im a little puzzled right now.

Thanks

Edited February 4, 2014 by cloud9gt

[Vic20r 14]

We are not yet married. Our first option was a fiance visa but i spoke to a paralegal from san francisco and she told me that a spouse visa would be better and faster. If thats the case, we would get married first before she heads back to california. I have also read that a spouse visa takes longer than a fiance visa. So im a little puzzled right now.

Thanks

First thing get married there in PI first...Then you file DCF in US Embassy in Manila. Have your docs on hand. It is faster if you file spouse visa via DCF. My high school classmate get her CR1 visa for only about 3 months..

Spouse visa will usually take 10-12 months if filed here in US.. DCF is the fastest way.

[cloud9gt 0]

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First thing get married there in PI first...Then you file DCF in US Embassy in Manila. Have your docs on hand. It is faster if you file spouse visa via DCF. My high school classmate get her CR1 visa for only about 3 months..

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Spouse visa will usually take 10-12 months if filed here in US.. DCF is the fastest way.

I have read about the I-130 visa and it seems very fast and convenient. But i do have a question about that though...would it still apply even thougj she hasnt gone back to california for almost 10 years? The reason why shes in pi is cause she went to college here and also her dad was a US navy officer and retired here in the pi.

[Vic20r 14]

If she is a US Citizen, i don't see any problem. One requirement of spousal visa through DCF filing is that the spouse should have a proof of PI residency. That is why American men that does DCF in PI have to get an ACR ID to proof their residency in PI..Her being with you for years is a plus.

[cloud9gt 0]

Cause from what i read, she's gonna need an affidavit of support. But she doesnt work in the states.

Thanks

[cloud9gt 0]

Also, would her parents count as sponsors even though they live in the pi? Her parents are US citizens too.

[NikLR 13,227]

No you would need to find a US based joint sponsor the affidavit of support or have enough assets to cover your family (which would be 3x the poverty guideline for your family of 4.) You would also need to petition for your daughter unless your wife spent the required amount of time in the USA after age 14 or 16 (be sure of this and look it up on the USCIS website) to pass citizenship onto your daughter before travelling.

[cloud9gt 0]

Well, my daughter is already a citizen of the US.

We do have a domocile to live in but we have no job or support since we are just moving there to start a life. Would $5k in a US bank account do for some kind of proof for support?

Thanks

Edited February 5, 2014 by cloud9gt

[merkin&regine 18]

Well, my daughter is already a citizen of the US.

We do have a domocile to live in but we have no job or support since we are just moving there to start a life. Would $5k in a US bank account do for some kind of proof for support?

Thanks

As per support wise , it's hard for you guys to go for K1 route, US Embassy in Manila don't accept co-sponsor for fiancé petition.

$5k is not enough.

DCF is the fastest way for you guys, marry in the Philippines, file I-130 petition at US Embassy Manila.

The tricky part here is your future spouse's US domicile requirement. Your spouse will need to settle down in California b4 your Interview as he needs to have a domicile in the USA b4 he could sign an affidavit of support.

Here's what you guys have to prepare b4 your interview.

The U.S. Domicile Requirement for Petitioners Living Outside the U.S.

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

1. He or she has taken steps to establish a domicile in the United States;

2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;

3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

4. The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

5. Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicants immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

1. Opening a bank account;

2. Transferring funds to the United States;

3. Making investments in the United States;

4. Seeking employment in the United States;

5. Registering children in U.S. schools;

6. Applying for a Social Security number; and

7. Voting in local, State, or Federal elections.

Summarized from 9 FAM 40.41 N6.1-2 Establishing U.S. Domicile

(CT:VISA-1317; 09-24-2009)

[merkin&regine 18]

We are not yet married. Our first option was a fiance visa but i spoke to a paralegal from san francisco and she told me that a spouse visa would be better and faster. If thats the case, we would get married first before she heads back to california. I have also read that a spouse visa takes longer than a fiance visa. So im a little puzzled right now.

Thanks

You're paralegal is wrong, K1 is faster but because of your fiancé's lack of income, this may not be possible for both of you guys since US Embassy in Manila rarely accepts co-sponsor for Fiancé.

Good luck!

[cloud9gt 0]

I-130 does sound like it is quicker and less of a hassle...what steps would i need to get this started?

would she need to go to the states after we get married and i would just follow after we have applied for the I-130?

the only place shes staying at is a friends place in california. does she need to find her own place there or is a friends place good enough? lets just say she'll be renting out a room in the house.

would she need to go back here (Philippines) anytime during the process? for example: the interview?

the first plan was for her to leave to california and find a job, once she had found a job, she would file the k-1.

but i wanna opt the I-130 instead if its gonna be easier and less expensive.

thanks

also...is a judge wedding ok as long as there are complete document? thanks

Edited February 5, 2014 by cloud9gt

[NikLR 13,227]

Judge wedding is fine. California is an expensive state to live in. She will need to make enough for 3 people according to the poverty guidelines (I-864p). If yiu are doing DCF start the process before you go obviously and double check in the DCF forum if she can move first. It's a great deal faster to do DCF than the regular route but that leaves her less time to find a job that earns enough.