Deciding which visa to get K-3/K-1

[coa24 69]

My fiance (from Philippines) and I are looking into the possibilities. I guess our biggest concern is processing time because it looks like according to the USCIS site that processing times for I-129F are mostly 5 months, whereas at two of the facilities for the I-130 (K-3) are working on Sept, 2013 (VSC) and March 2014 (TSC). I would like to convince my fiance to go with the k-1 because it is faster, but I do not want to take away her wedding experience with her family and friends. In a way I am good with both, even though it looks like it can take forever for the I-130 to be processed. What are the advantages and disadvantages of both and what processing centers handle which forms?

Edited October 31, 2014 by coa24

[Ian H. 207]

Read this guide:

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

[JE57 239]

Certainly.... yes... read the guides... But... the guides only get you so far. This is a common problem. And in the philippines is can be complicated further. PM me if you'd like more personalized advice based on your situation. Here are my thoughts. K-1 is definately faster (on average) in getting her to the USA but.... consider that once she arrives on a k-1 visa and you get married then she won't be able leave and re-enter the USA until she gets her Advanced Parole which can be 3 months or more. So if you were thinking of bringing her to the USA and then having civil wedding in the USA with a ceremony and reception on a subsequent visit to the Philippines then your looking at adding 3 or more months to your financee visa to celebrate a marriage with her family and friends in the Philippines. With a marriage in the philippines you have to wait to file the I-130 until after the marriage but once approved and she arrives she gets the green card almost immediately. This not only saves money and headaches of an AOS process but also assures her of the ability to return to the Pillipines for family commitments etc. But the waiting time is much longer from the time you are married. Whatever you do, don't make the mistake of having a party that could be mistaken for a wedding before she leaves the Philippines.

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If you are lucky then you file a financee visa and it goes thru really fast (CSC) and she is able to travel to the USA in a couple of months. BUT... You are still looking at her not being able to celebrate with her family in the Philippines until at least she gets her AP/EAD.

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Ultimately without more knowledge of your unique situation I'd say go the financee visa route and agree that when she arrives in the USA that you'll do the bare minimum civil (legal) wedding and as soon as she gets her AP that you'll go back to the Philippines together and do a wedding/reception in the Philippines. I picture a "religious" wedding on a beach at a beach resort with the family and friends all invited to spend the night at the reception. That's what my financee and I hope to be able to do. Although our situation is much different and we may be blessed with the option of living in Hong Kong and avoiding the USA altogether

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One other thing with the Philiippines you need to be aware of... The CFO certificate and Immigration exit processing in the Philippines. She'll need a CFO sticker to exit (this can depending on circumstances be problematic). If she is <21 or the CFO office thinks there is reason to question the validity of your relationship getting that CFO sticker can be a bear! As for exiting the Philippines I've seen questions as to rather phlippine immigration will recognize an AP/EAD card. So if you go the K-1 route with a subsequent wedding in the Philippines on an AP/EAD card do some research and make sure Philippine immigration will let her leave without a green card.

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Best of luck on your Journey and God Bless both of you. Hope you enjoy(ed) your visit to the Philippines!

[coa24 69]

Thanks for the info., it truly helps. How would the government view the U.S. citizen traveling back to the Philippines for a day or two to bring her to the USA? Could they view that as a possible reception before entering back into the USA?

[Ian H. 207]

I'm not sure what you mean, but there is nothing wrong with you traveling over there to accompany her into the US once she has her visa. Have you decided what visa path you are pursuing? Spouse or fiancé?

[coa24 69]

Not yet, May be a while before we decide. I am going there again in December. I am okay with both, just hard to be away from her after married for a long time. So personally the k-1 would be better. What happens if she came on a tourist visa and after that she marries? Would that make it tougher to get a status change?

[coa24 69]

Too add from above, say u marry in the Philippines and she came over on a, tourist visa and we applied for status change, would that be okay or not allowed?

[d3adc0d3 186]

Not yet, May be a while before we decide. I am going there again in December. I am okay with both, just hard to be away from her after married for a long time. So personally the k-1 would be better. What happens if she came on a tourist visa and after that she marries? Would that make it tougher to get a status change?

To enter the US on a non-immigration visa with the intent to immigrate is visa fraud. You risk a lifetime ban if you do that. I do not recommend it.

[coa24 69]

Thanks for the info I thought that was the case, don't want to do anything wrong for sure.

[JE57 239]

Be aware that for her to get a tourist visa can be difficult. She must prove compelling ties to the Philippines. And the bar on that seems to be pretty high in the Philippines. *IF* she got a tourist visa than she could potentially come to the USA and visit you. However, if she had a tourist visa and was being patitioned for a fiancee (or spouse visa) then to enter the USA and not be turned away at the port of entry she would have to prove dual intent. Meaning she'd have to prove that she had compelling reason to return to the Philippines. (A return ticket is not compelling reason) In fact, to prove dual intent in this situation would be very very difficult. At the core of the issue you have to make a decision... The two of you should pray over rather having a wedding in the Philippines is going to be worth spending additional time apart or not. If your intention is to be together as soon as possible then you want to go the financee visa (K-1) route and if you've met in person in the last two years you can file that NOW and get it in process. Then you can bring everything she needs to sign with you in Dec. If you pray over it and decide a wedding in the philippines is the way to go then plan to be apart for a while and you should plan to go visit her at least once maybe twice during the process. You absolutely can accompany her to the USA as your financee or as your wife if she has the proper visa. If you do that you will be separated at the Port of Entry while they process her so you'll wait for her on the other side. But this should not be a big deal and it's in the future anyway. As another member on this site says as his tagline. This will not be easy... you will not enjoy it. But you can survive the separation and you CAN use it to make your relationship stronger. My advise would be don't just focus on the process but focus on what your life will be like once you complete the process.

[coa24 69]

I heard that getting a tourist visa is quite difficult if you are from the Philippines. My hope is K-1 visa and do the civil wedding in the states first and then go back to the Philippines once status change is approved to have a ceremony in the Philippines for family and friends. But I am certainly not opposed to the Cr-1/K-3 visa option and see real value going that route.

Edited October 31, 2014 by coa24

[Ian H. 207]

Yes, getting married in the US, then married again in the Philippines is certainly an option. You also wouldn't have to wait until she becomes an LPR, once she has her AP document she can travel. This is of course if you go the K1 route.

[bestofboston 36]

Forget the K3 process, It always voided because the of the I-130 is processed and approved and that causes the K-3 process at the USCIS to be voided or canceled. I took the effort to submit the additional paperwork for the K-3 after submitting the I-130 paperwork. It was a waste of time and money to submit the K-3 paper work. Don't waste your time. Apparently at one time, the I-130 process took so long that K-3 would get approval before the I-130 was approved. That is no longer the case.

Your choices are K1 or I-130.

The I-130 takes approximately 10 months from the time you submit paper work to get her here in the USA and it is cheaper than the K-1 and she will get her green card and can get a job within 2 weeks after arrival in the USA if she wants and can find a job that quick.

If you decide to get married in the Philippines, you will need to get an affidavit of eligibility to marry from the US Consulate in Cebu or the Embassy in Manila. You will need to bring with you certified copies of your divorce if you have ever been married. You will need certified copies of divorce again when submitting the I-130 after marriage so get two or three certified copies of your divorce if it applies.

Once you have the affidavit of eligibility to marry, you will then need to go to the town office where you plan on getting married and apply for a marriage certificate and then wait 10 days and go to a one day marriage seminar during that 10 day period. The you can marry in the Philippines.

The plus is an I-130 if you her are both being truthful on the forms is more likely to get approved and if you need a co-sponsor because your income does not meet the minimum, you can get one for the I-130. The Philippines will not approve co-sponsors for K-1 visa.

A co-sponsor probably does not apply but I thought I would at least put it out there for those that it may apply.

Edited October 31, 2014 by bestofboston

[coa24 69]

Interesting did not know you needed an affidavit to marry from the us consulate to marry. After you wait 10 days and do the marriage seminar how long can u wait to be married in the Philippines?

[coa24 69]

Hello again, we haven't yet made the decision which visa to go with, probably sometime next week. I have another question though. What if you go with the spouse visa (Cr-1/IR-) and during that process she gets pregnant? Then let's also say that she has our child in her home country during the waiting process? To have to file an amended application and how long would that extend the wait and process?