K-1 or K-3 visa?

[cloud9gt 0]

So her parents can be a JC even if they live in the philippines? She does have friends and relatives in california. But when we do go to california, she/we will be staying at a friends house.

It would be great if her parent can still be the JC...i hope its possible. Her parent are getting pretty good pension from the US Navy.

[merkin&regine 18]

So her parents can be a JC even if they live in the philippines? She does have friends and relatives in california. But when we do go to california, she/we will be staying at a friends house.

It would be great if her parent can still be the JC...i hope its possible. Her parent are getting pretty good pension from the US Navy.

You can try, just be prepared for a Back up co-sponsor if their domicile requirement gets questioned by the Consular Officer and decided not to accept it.

Again, because there is no set of time nor one exact qualification for domicile requirement, your approval lies on the discretion of the CO, which can't be argued if he says no.

Here's my experience almost 13 yrs ago...

She came back to Philippines to study college and stayed in the Philippines about 5 years, this is where I met her, after we graduated college, we got married and she filed I-130 for me...

My X wife filed I-130 for me via DCF in 2000.

To make the story short, interview came about 3-4 months later and even if my X wife has her mother living in US and owned a house, they didn't accept it as a qualified, domicile requirement and have her leave for US first, find a job, register for voting, open a bank account and etc...., 3 months later, she sent me the documents and brought it back to the Embassy and got approved. I entered US last June 2001.

Filed ROC, Then Naturalization.

Got divorced 10 yrs after our marriage.

Good luck!

Edited February 6, 2014 by merkin&regine

[NikLR 13,227]

Domicile is a lot more than an address as stated.

noun

• 1.the country that a person treats as their permanent home, or lives in and has a substantial connection with.
  "his wife has a domicile of origin in Germany"

verb

• 1.treat a specified country as a permanent home.
  "the tenant is domiciled in the US"

There is a lot of work into proving domicile or even reestablishment of domicile. The parents, IMHO, do not prove this at all because they're not in the USA. However, the father may have kept domicile in the USA, and you'd have to ask him.

here are the very specific I-864 instructions related to both joint sponsors and domicile: (please click the thumbnail for fullsize)

[merkin&regine 18]

So her parents can be a JC even if they live in the philippines? She does have friends and relatives in california. But when we do go to california, she/we will be staying at a friends house.

It would be great if her parent can still be the JC...i hope its possible. Her parent are getting pretty good pension from the US Navy.

A Co-sponsor can be anyone who has US domicile and is willing to sign an affidavit of Support. Friends or relatives in California is perfect as long as their income meets the poverty guidelines.

For me, this is the smoothest way moving forward.

But, the decision is up to you.

Good luck!

[cloud9gt 0]

Im sorry i meant JS, not JC. Joint Sponsor

[cloud9gt 0]

Ok...lets say her dad has relatives in california, would that count as a domicile? If it does, does she have to stay with them or she can stay with a friend?

Edited February 6, 2014 by cloud9gt

[NikLR 13,227]

She doesn't need to stay with joint sponsors. A joint sponsor can be anyone USC or LPR and do not have to be related. If they are related you don't have to be living with them.

But her dad needs to have kept up most of those requirements for them to be a joint sponsor, not just have a fabricated address in the USA that he never uses but puts on a form. So your fiance needs to ask her father if he kept up a US domicile.

Edited February 6, 2014 by NLR

[cloud9gt 0]

Does it have to be a relative? Or can it be a good friend?

[NikLR 13,227]

Do not speculate about this, she needs to ask. Just like you have to ask if they will be joint sponsors. It is not a light responsibility to ask of someone!

[cloud9gt 0]

Actually i dont think her dad has a domicile there. But she does have a lot of relatives in the states.

Hmmm...i think the best bet would have to be her leaving and get settled.

Although it would be nice to travel all together.

Edited February 6, 2014 by cloud9gt

[merkin&regine 18]

Ok...lets say he dad has relatives in california, would that count as a domicile? If it does, does she have to stay with them or she can stay with a friend?

Domicile for Who? the Dad? Nope!

and Nope, she doesn't have to stay at Dad's relatives.

Just to clear this out, There are 2 domicile requirements involve now if you choose to make her dad as a co-sponsor.

A domicile requirement for your future wife and for your future father in law if you choose to make his as a Co-sponsor. Situation is getting more tricky and complicated here

With your situation, I suggest the easiest way for this is:

- Get married in the Philippines, File I-130 via DCF

- Have your wife move to US ahead of you (better this way, so that she can settle down and prepare for the coming of her family).

- After the I-130 approval, have a friend or relative sign a Co-sponsor for you who is currently living in US already, if her current income does not satisfy the current poverty guideline but if it does, then you are smooth sailing and a co-sponsor is not needed.

Good luck!

[cloud9gt 0]

Domicile for Who? the Dad? Nope!

Â

and Nope, she doesn't have to stay at Dad's relatives.

Â

Just to clear this out, There are 2 domicile requirements involve now if you choose to make her dad as a co-sponsor.

Â

A domicile requirement for your future wife and for your future father in law if you choose to make his as a Co-sponsor. Situation is getting more tricky and complicated here

Â

With your situation, I suggest the easiest way for this is:

Â

- Get married in the Philippines, File I-130 via DCF

- Have your wife move to US ahead of you (better this way, so that she can settle down and prepare for the coming of her family).Â

- After the I-130 approval, have a friend or relative sign a Co-sponsor for you who is currently living in US already, if her current income does not satisfy the current poverty guideline but if it does, then you are smooth sailing and a co-sponsor is not needed.

Â

Good luck!

Got it....thanks

I think that would be a lot easier. What is the time frame in a situation like this?

I also have to find a way to rush the NSO marriage certificate...would that be possible?

[NikLR 13,227]

Does it have to be a relative? Or can it be a good friend?

Anyone who is a USC or LPR can be a joint sponsor as long as they meet the domicile and poverty guidelines.

Keep in mind your fiancee will still need to establish domicile for herself as well.

[merkin&regine 18]

Got it....thanks

I think that would be a lot easier. What is the time frame in a situation like this?

I also have to find a way to rush the NSO marriage certificate...would that be possible?

12 yrs ago, DCF I-130 approval was just over 2 months, I don't know about now, Usually case loads on DCF is not as bad as case loads in US. So, i would say within 3 months.

And Yes, right after your marriage certificate gets registered, ask the process on how to expedite the forwarding of you Marriage certificate to NSO. Just explain the reason behind it.

I did mine almost about 13 yrs ago.

[cloud9gt 0]

Copy that. I'll keep you guys posted. Thanks for all the help.