Need assistance with starting Marriage Visa (Philippines)

[JFox762 18]

So my situation is a bit complicated.

My wife and I got married last month in the Philippines, I just arrived back in the US about two weeks ago. I'm having some trouble figuring out exactly which forms I need to get started on. 

I have previously attempted a Fiance Visa with my ex, and then had it canceled since our life paths took her in a different direction. This was before I met my wife... I know that if you had previously submitted a Petition on behalf of someone, and then canceled... and then applied for another petition for someone else... that you need to apply for a waiver? 

Anyways I was just wondering. Also, do we need to submit our marriage certificate or a copy of it? Do we have to wait for the marriage certificate to be be submitted and processed at the Filipino NSO? Or can we just get started ASAP?

[LionessDeon 2,060]

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/content/k3forms

 

 

 

Please change your profile information "Filed for:"  You are not eligible for a K1 visa if you are married.

Edited September 8, 2017 by LionessDeon

[JFox762 18]

Do I have to worry about my previous canceled Fiance visa? I actually do have a letter from their office, that confirms the Fiance visa petition was canceled...

I heard that if you petition for someone, cancel, and then petition for someone else... you have to file for a waiver?

Also,... I have no idea how to change those details. I checked my profile, but it doesnt seem to let me edit it. 

Edited September 8, 2017 by JFox762

[Ryan H 3,834]

You don't need a waiver for a spousal visa, just disclose the prior petition and the outcome on the I-130 in the place that asks for it.

 

For forms and instructions, do not follow the links in a prior post; instead go here:  https://www.uscis.gov/i-130

[JFox762 18]

Do you think I should get a lawyer to help me with this, or is this fairly straightforward? When I filed the I-129f, for my ex... I did it myself. I just don't know if the existance of a previous attempt to petition someone else is going to look "suspicious". I met my wife fairly shortly after the end of my relationship with my ex. 

[pushbrk 13,174]

If it's going to be suspicious, it's going to be suspicious. Nobody can get around that for you.  They key is to have plenty of evidence the current relationship is bona fide.

[JFox762 18]

So according to the requirements for evidence, 

(1) Documentation showing joint ownership of property; (2) A lease showing joint tenancy of a common residence, meaning you both live at the same address together; (3) Documentation showing that you and your spouse have combined your financial resources; (4) Birth certificates of children born to you and your spouse together; (5) Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or (6) Any other relevant documentation to establish that there is an ongoing marital union.

 

So the problem here is, that we didn't really get to "live together", after our marriage. We just got married a little over a month ago. She had to return to Thailand (where she works as an OFW, English teacher) and I had to return to the US so I could go back to work. We don't jointly own property, nor do we have joint finances... since we live in completely different countries. It would be impractical for us to have joint accounts. 

We *CAN* get affidavits signed and sworn. But that is about it. All those other criteria would seem to only be practical for a spouse that currently lives here with me. 

[Ryan H 3,834]

4 hours ago, JFox762 said:

So according to the requirements for evidence, 

 

None of those items you stated are requirements, only suggestions.  Any evidence you have of time spent together in-person will be your strongest evidence.  USCIS as well as the Embassy will not expect nor require a couple living apart in separate countries to have things such as joint property or tenancy, joint accounts, or children.  Affidavits carry little to zero weight in the overall evaluation of a file; don't bother with those unless you are light on evidence of time spent together.

[Akphils 19]

2 days later after i got married to my wife last yr i left her and went back to US. After the marriage the next day we went to the local civil registar where we got married and requested for the advance endorsement of our marriage cert to be pass to psa ( formerly nso ), we got our marriage cert from psa in 2-3weeks thats the one we used to pass in uscis when i filed for spouse visa only photocopied, for other evidences, i did put my wife in my insurance, car insurance and also on our lease agreement even she was at the phils.  and my wife what she did was she put me on her sss, pag-ibig, and her insurance too. We don't have a joint bank account, then my mother in law and sister in law made an affidavit regarding our relationship, then we did pass some pictures of us, luckily we didn't got any rfe. 

[pushbrk 13,174]

21 hours ago, Ryan H said:

 

None of those items you stated are requirements, only suggestions.  Any evidence you have of time spent together in-person will be your strongest evidence.  USCIS as well as the Embassy will not expect nor require a couple living apart in separate countries to have things such as joint property or tenancy, joint accounts, or children.  Affidavits carry little to zero weight in the overall evaluation of a file; don't bother with those unless you are light on evidence of time spent together.

Even example of how and how frequently you communicate would outweigh any affidavits, unless they are from somebody with intimate first hand knowledge of the evolution of your relationship.

[JFox762 18]

I'm having trouble figuring out how to fill out the I30. Do I need to fill out the I-129f as well? I'm confused as to which forms I'm supposed to fill out. Be advised, I am a US citizen.

I'm confused by the I-130, as it seems to ask the same quesiton several times. 
It asks for my beneficiary's name, my beneficiary's spouse. Her spouse, obviously, would be me. Would I just put my own name in that field?

It also asks me for my spouse's name, in a separate field. As I have never been previously married, do I just put her down, even though she is already listed as a beneficiary? Also, where it says to list all your spouses at line 21... it asks for the End of the the marriage. Uhh, do I just leave this blank, since my current wife/beneficiary, I am obviously still married to?

[The-Journey 21]

On 9/16/2017 at 6:23 PM, JFox762 said:

I'm having trouble figuring out how to fill out the I30. Do I need to fill out the I-129f as well? I'm confused as to which forms I'm supposed to fill out. Be advised, I am a US citizen.

Just the i-130 and the i-130a, 

I'm confused by the I-130, as it seems to ask the same quesiton several times. Yes it does.
It asks for my beneficiary's name, my beneficiary's spouse. Her spouse, obviously, would be me. Would I just put my own name in that field? Yes..

It also asks me for my spouse's name, in a separate field. As I have never been previously married, do I just put her down, even though she is already listed as a beneficiary? Yes. Also, where it says to list all your spouses at line 21... it asks for the End of the the marriage. Uhh, do I just leave this blank, since my current wife/beneficiary, I am obviously still married to? Yes, just follow the instruction right above the question. In the future it would be helpful to reference the page, part# and question number for better help. For example i-130, page 3, part 2, question 20.a. Here you list your current spouse, and for date marriage ended, just put current.