K-1 or K-3 visa?

[cloud9gt 0]

So i guess we'll be getting married soon then. Haha. Is there a certain amount of time of how long we should be married before we can file the petition? Or we can do it asap as long as the documents are complete? Thanks

Edited February 5, 2014 by cloud9gt

[merkin&regine 18]

She used to live in hawaii while her father was an officer in the navy. They retired in the philippines 9 years ago amd she came to the pi for college. She hasnt gone back since. She has been a dual citizen even before she came to the pi.

Great, you guys are good to go for DCF. Don't forget to submit copies of her dual citizenship papers on I-130 filing. Just follow instructions here on DCF filing and you are good to go.

I am living in Honolulu, Hawaii too... send my Aloha to your fiancé.

Good luck to your Journey.

Edited February 5, 2014 by merkin78

[cloud9gt 0]

Will do. Aloha

You did mean "her" dual citizenship, right?

Im all confused now too with all the his and hers. Haha.

Thanks so much for all the help. Love this site.

One more thing...how much would all the processing cost? All in....thanks

[merkin&regine 18]

So i guess we'll be getting married soon then. Haha. Is there a certain amount of time of how long we should be married before we can file the petition? Or we can do it asap as long as the documents are complete? Thanks

You can file, after your Marriage certificate gets registered, show them your original marriage certificate along with a copy of it.

Your challenge here is that you need an NSO marriage certificate during the interview, which would be later ask at a later time.

I suggest you ask NSO or Local Civil registrar on how to expedite the forwarding of your marriage certificate to the NSO database.

They use to have steps on how to do it and would let you forward and mail your original marriage certificate to NSO personally rather than waiting for the regular processing (average 6 months) of the civili registrar for them to forward it to NSO.

You're marriage certificate will need to be forwarded to NSO database before you can request a copy of it on NSO security paper.

Good luck!

Edited February 5, 2014 by merkin78

[merkin&regine 18]

Will do. Aloha

You did mean "her" dual citizenship, right?

Im all confused now too with all the his and hers. Haha.

Thanks so much for all the help. Love this site.

One more thing...how much would all the processing cost? All in....thanks

Yes.. her dual citizenship papers

Currently I-130 fee is $420. This is what you need initially... then more fees will come after approval.

Here's a link on the form and instructions from USCIS but i suggest, you read the guide here in VJ as its more detailed and easy to follow. Thanks to the members that is wiling to do that for all of us.

http://www.uscis.gov/i-130

[NikLR 13,227]

For DCF this will be the VJ guide you will be following... http://www.visajourney.com/content/dcf

Here is the forum http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

This is the normal I-130 guide, so while you will not be sending the I-130 to the USA, you will need the documentation required within http://www.visajourney.com/content/i130guide1

[cloud9gt 0]

Another question...

When we get married her last name is going to change along with my daughters last name. Would that affect at all?

The reason my daughter still has her (mother) last name instead of mine is so that my daughter can also be a dual citizen.

Thanks

[aaron2020 11,651]

Why is everyone making this so complicated?

Her parents are the perfect Joint Sponsors. A JS does not have to be "US based" as seen in an earlier post. A JS can be a USC living abroad. As long as her parents have the income (from a nice US Navy pension) and assets, they are the perfect JS.

Now that the financial requirements can be met by her parents, let's focus on the domicile issue.

As stated by another poster, she does not need to come first by herself to reestablish a US domicile. She only needs to provide proof that she intends to enter at the same time as her immigrant husband to reestablish a US domicile. There are plenty of examples on how to do this in numerous threads on this site.

Edited February 6, 2014 by aaron2020

[aaron2020 11,651]

Another question...

When we get married her last name is going to change along with my daughters last name. Would that affect at all?

The reason my daughter still has her (mother) last name instead of mine is so that my daughter can also be a dual citizen.

Thanks

Changing their last names is not a problem. Just provide the legal papers showing the name change.

[aaron2020 11,651]

For clarification. The JS does not need to be living in the US. The JS only needs a US domicile. This can easily be taken care of by having the parents borrow a relative's address in the US to establish a US domicile.

[NikLR 13,227]

The parents live in PI... they are not in the USA. Granted her father IS a USC and a Navy pension is US based... so you could see if they could be joint sponsors. They only need to add the immigrant. However borrowing a relative's address to say they have domicile when they do not is lying and fraud. Do not do that.

[aaron2020 11,651]

There is a difference between a resident and a domicile.

Domicile has a specific legal meaning. It is a place that you INTEND to return if you leave. There is no length of time required to establish a domicile. It hinges solely on the person's subjective intent.

For example; i can go to another state and establish as my domicile by taking certain actions, leave, and still maintain a US domicile.

A person who resides full time abroad can have a US domicile.

Plenty of my friends who have lived for years abroad while maintaing a US domicile at a relative's home. All of this is legal.

It is not fraud or lying.

[merkin&regine 18]

Guys... Now, you guys are really making this complicated. Domicile is a complex matter and the decision to try to make the parents as joint sponsor is gambling as you are handing over the decision to the discretion of the CO to see if the parents satisfies the domicile requirement. Although there are no time requirement for domicile, let's put our shoe on the CO 's feet.

A retired US Navy pensioner left the US 10 yrs ago and live in the Philippines( I don't see an intent to live in US here). Even if he has an address in US. If he's on active duty and is assigned abroad, then that could have been fine.

The safest way would be a co sponsor, a relative of her parents maybe, who's living in the states or friends.

[merkin&regine 18]

Another question...

When we get married her last name is going to change along with my daughters last name. Would that affect at all?

The reason my daughter still has her (mother) last name instead of mine is so that my daughter can also be a dual citizen.

Thanks

Her last name changing doesn't affect at all, in fact it's a plus... more proof on your marriage . Although, it really doesn't matter with the marriage certificate on hand

The only thing I didn't get is mother's last name to get dual citizenship? It doesn't matter what last name your daughter has. She's qualified for Philippines citizenship and US citizenship as long as she satisfies US citizen transmission requirement which is not as tough as a father transmitting it though. , But what's done is done. Lets not dig that out

Now, my question here is that, you said your daughter is a USC, which means, your fiancé applied for CRBA(consular report of birth abroad) on behalf of your daughter right? I also assumed that your daughter already has her US passport?

[merkin&regine 18]

For clarification. The JS does not need to be living in the US. The JS only needs a US domicile. This can easily be taken care of by having the parents borrow a relative's address in the US to establish a US domicile.

"Domicile can easily be taken cared of", I would not say this though especially when the USC is living outside US, although it can be overcome but not "easy". I've been on this road twice. One from me and one for my sister. It's not easy and it's complicated. Domicile is not just having an address in US. It's more complicated that and the CO that I talked too 12 yrs ago told me that