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davidvs

Which is the better choice?

By davidvs in What Visa Do I Need - Family Based Immigration

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davidvs Enthusiast

davidvs   337

Posted
Filed: IR-1/CR-1 Visa Country: Thailand
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Posted (edited)

I am trying to decide the better route to take...

My girlfriend has a child, would it be better to bring her here on a K-1 fiance visa, or should we marry first and then go the spouse visa route?

Will we be able to bring the child over immediately in either circumstance, or would she need to to be here first, before we can get the child to the US?

Also, would me adopting the child in the Philippines have any bearing on this?

Edited by davidvs
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southcoast Explorer

southcoast   27

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Filed: Other Country: Albania
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If you are planning a trip to the Philippines Id get married and apply. Fiance visas require the additional step of an adjustment once she gets here. Processing times used to be very short for fiancé visas but now both visas are roughly the same. No need to adopt. Once you are married the child is your step child and entitled to enter with your wife.

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TBoneTX Grand Master

TBoneTX   45,288

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Filed: Citizen (apr) Country: Ecuador
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*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is weighing options. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
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Posted

I am trying to decide the better route to take...

My girlfriend has a child, would it be better to bring her here on a K-1 fiance visa, or should we marry first and then go the spouse visa route?

Your choice.

Will we be able to bring the child over immediately in either circumstance, or would she need to to be here first, before we can get the child to the US?

Yes, provided that Embassy doesn't need a notarized letter from the birth father allowing permanent immigration to the US>

Also, would me adopting the child in the Philippines have any bearing on this?

No

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

what denotes 'bettter' for you ?

good, fast or cheap - pick 2, let me know, aye?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Ian H. Proficient

Ian H.   207

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Filed: IR-1/CR-1 Visa Country: Dominican Republic
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Posted

I agree with Darnell, one is cheaper and slower (CR1), the other is faster and expensive (K1). If you get married, you need a separate petition for each, one for your gf, another for the child. If you will do fiance visa, the child can be included in the mom's petition. The choice is up to you based on your needs as a family, financial situation, etc.

Here is a link with the comparison:

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

This does not constitute legal advice.

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Hank_ Grand Master

Hank_   9,174

Posted
Filed: Other Country: Philippines
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Posted (edited)

I am trying to decide the better route to take...

My girlfriend has a child, would it be better to bring her here on a K-1 fiance visa, or should we marry first and then go the spouse visa route?

Will we be able to bring the child over immediately in either circumstance, or would she need to to be here first, before we can get the child to the US?

Also, would me adopting the child in the Philippines have any bearing on this?

How quick do you want your fiancee with you in the USA? The K-1 fiancee visa is quicker then the spousal visa... many months quicker.

As for the child you will list the child on the petition with either visa (K-1 = I-129F, CR-1 = I-130) and the child will process their visa right along with your fiancee, so no issue there. And in the Philippines your fiancee needs NOTHING from the father to bring the child to the USA, the mother has sole custody of the child except in very rare cases where a court order specifies differently - and those are as rare as hen's teeth.

Adopting the child would be a long delay and for sure not needed to bring both to the USA together.

You adopting the child in the Philippines is not an easy process, you would do better to wait until the child is in the USA to complete the adoption.

http://www.visajourney.com/forums/forum/129-philippines/

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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