Want gf to move here or at least visit

[Jray707 0]

I live in in California I am disabled Iraq war veteran and my girlfriend and  I want her to move here then to get married(or at least come to visit and we can start going back and forth together) were tired og being seperated.  What is the best way and fastest way to go about her coming here and being able to get married in all that would it be the K1 fiance visa or would it be the travel visa? What is the time difference between the two which one is easier to get? Are there any perks at all in the process or anything with me being a disabled veteran? Thank you for any and all help ahead of time I appreciate it very much. We're worried we don't want to screw this up and we want to be together finally oh FYI we're almost done with the passport part she has one appointment left on the 17th we're waiting to get more info before starting the Visa portion.  Oh fyi, I don't know if I could get a waiver for having my disability and using it as a reason to not be able to fly Maybe from severe pain from disc damage and pinched nerve and sciatica and PTSD/anxiety?

[geowrian 22,337]

First, thank you for your service.

 

She can visit on a tourist visa if she can get one...it's very, very hard for a single filipina with a USC boyfriend to get one. If she does visit, you can marry. She cannot enter on a tourist visa with the intent to stay/adjust status to a green card holder. A tourist visa typically takes a couple weeks or so to get.

 

A K-1 lets her enter, marry, and then apply for permanent residency. It's currently taking around 7-9 months. She cannot work or travel abroad for ~4+ months after she marries and files for AOS + AP + EAD.

Guide: http://www.visajourney.com/content/k1guide (correct URL, but the site is having issues right now...check it later)

 

When is the last time you saw her? You must have met her in person at least once within the past 2 years.

 

Edit: Note that after she enters on a K-1, marries, and applies for AOS, you need to show that you are able to support her. You can use a joint sponsor if your income is insufficient.

Edited October 5, 2017 by geowrian

[Cathi 5,757]

Have you met her in real life? If not, the k-1 is not an option.

[NigeriaorBust 4,087]

  A requirement for a K1 is that you have met in person at least once In the last 2 years . This requirement in theory can be waived but it is extremely hard to get this waiver.   There was a waiver approved for a case where they couldn't meet due to strict religious requirements that they not meet before marriage.  We have seen someone that could not fly at all be told to take a boat.   If you can't fly at all (  meaning you can't make the trip in many hops ) and can get proof of this   she would have to prove she can't come here ( or a nearby place you can get to like Canada or Mexico)  and then you have a small chance of a waiver .

[Jray707 0]

23 hours ago, Cathi said:

Have you met her in real life? If not, the k-1 is not an option.

No, we have not met in real life yet. What we would LIKE & would BE IDEAL is if she could get a traveler's Visa to come here to visit for a little while. Then after her time is up here I would go back to the Philippines with her, meet her family, stay and visit a while to spend time more time together and everything.

We want to get married when she comes to California but can wait and do it in the Philippines also. However everything I've read so far online says that basically there's no chance at all she could get a Travelers Visa and when it comes two a K1 you can't get that either cuz we haven't met in person. Kind of a catch-22 and pain in the ### it seems so far. Is there any kind of leeway for Iraq or veterans or disabled Iraq War veterans? As I said I am a disabled Iraq war veteran I have three bulging herniated disc a displaced and pinched nerve sciatica and neuropathy and something with my knee which they can't tell me. With the physical disabilities I also have PTSD and anxiety, and it got me thinking would there be any chance of maybe getting a waiver seeing as how I have injuries and serious chronic pain and being on a long plane ride would no questions asked make it terrible and not to mention anxiety from PTSD? I'm guessing probably not but worth looking into. Or does anybody know it anything else about getting some kind of extra help through a veteran service office or something? Anyways so now that I filled you in what do you think from here? We're just about done with the passport process and didn't want to start the Visa process until we had everything down to the T. By the way thank you for the help everybody it's very much appreciated

[Jray707 0]

On 10/4/2017 at 6:11 PM, geowrian said:

First, thank you for your service.

 

She can visit on a tourist visa if she can get one...it's very, very hard for a single filipina with a USC boyfriend to get one. If she does visit, you can marry. She cannot enter on a tourist visa with the intent to stay/adjust status to a green card holder. A tourist visa typically takes a couple weeks or so to get.

 

A K-1 lets her enter, marry, and then apply for permanent residency. It's currently taking around 7-9 months. She cannot work or travel abroad for ~4+ months after she marries and files for AOS + AP + EAD.

Guide: http://www.visajourney.com/content/k1guide (correct URL, but the site is having issues right now...check it later)

 

When is the last time you saw her? You must have met her in person at least once within the past 2 years.

 

Edit: Note that after she enters on a K-1, marries, and applies for AOS, you need to show that you are able to support her. You can use a joint sponsor if your income is insufficient.

Thank you for your acknowledging it and your appreciation. We have not met in person yet that's why as far as I know the K1 is out the window unless we meet first. So what are the chances we could get her the other one, the tourist Visa or whatever what is it the B1 or B2 whatever? I'm trying to see what my options here are since we have not met in person yet. I am financially stable and able to take care of her Nick just under 4000 a month tax free and have full medical and dental and all that. I don't know if it would make a difference or if they would even believe if we told them if we filed for The Travelers Visa that while we did want to get married we weren't going to try and pull a quick one and have her not leave that plan would be to stay a little while visit spend time together get married either then or once we get to Philippines and after time here in California when it's time for her to leave we both go back to the Philippines together and do the same things that were just here but there and either start or continue and pick up where we left off the process of visa and or citizenship in California. 

 

Now if we did it from another angle and  if we met in person so that we could file for the K1 are you telling me that from the day she files the paperwork/applies for the K1 that she can't leave the Philippines and come see me for at least seven to nine months?

[Jray707 0]

On 10/4/2017 at 6:45 PM, NigeriaorBust said:

  A requirement for a K1 is that you have met in person at least once In the last 2 years . This requirement in theory can be waived but it is extremely hard to get this waiver.   There was a waiver approved for a case where they couldn't meet due to strict religious requirements that they not meet before marriage.  We have seen someone that could not fly at all be told to take a boat.   If you can't fly at all (  meaning you can't make the trip in many hops ) and can get proof of this   she would have to prove she can't come here ( or a nearby place you can get to like Canada or Mexico)  and then you have a small chance of a waiver .

I'm confused on how you worded that you said if I can't make it in Hop what do you mean? Could you reword that for me please

[geowrian 22,337]

5 minutes ago, Jray707 said:

Thank you for your acknowledging it and your appreciation. We have not met in person yet that's why as far as I know the K1 is out the window unless we meet first. So what are the chances we could get her the other one, the tourist Visa or whatever what is it the B1 or B2 whatever? I'm trying to see what my options here are since we have not met in person yet. I am financially stable and able to take care of her Nick just under 4000 a month tax free and have full medical and dental and all that. I don't know if it would make a difference or if they would even believe if we told them if we filed for The Travelers Visa that while we did want to get married we weren't going to try and pull a quick one and have her not leave that plan would be to stay a little while visit spend time together get married either then or once we get to Philippines and after time here in California when it's time for her to leave we both go back to the Philippines together and do the same things that were just here but there and either start or continue and pick up where we left off the process of visa and or citizenship in California. 

 

Now if we did it from another angle and  if we met in person so that we could file for the K1 are you telling me that from the day she files the paperwork/applies for the K1 that she can't leave the Philippines and come see me for at least seven to nine months?

Anytime.

 

Ah, then that's an issue. For a K-1, you must have met at least once within the past 2 years of filing the I-129F. The exceptions for this are very, very rare. I understand the difficulty with traveling, but in order for this requirement to be waived, you would need to show that there is no way for the 2 of you to meet anywhere, and that you have sufficiently tried to do so. It's a really, really uphill course...I've only seen it in a handful of circumstances.

For reference, the same issue would come up with a proxy marriage...a proxy marriage must be consummated before USCIS will recognize it. NOTE: Consummated (for immigration) likely does NOT mean what most people think here. :wink: :wink:

 

Yeah, it's really tough to get a single filipina to the US. My now-wife only had 1 of her friends get approved to come for our wedding.

 

No, that's not what I meant. Sorry for the confusion. I'm saying once she gets the K-1 visa and enters the US, she cannot leave (and return) until she gets AP...~4 months after filing for AOS/AP/EAD. She is free to leave the Philippines at any time...and if she had a tourist visa, she can still visit you so long as she can show her ties to return home during POE.

[BuiQuang 95]

58 minutes ago, Jray707 said:

No, we have not met in real life yet. What we would LIKE & would BE IDEAL is if she could get a traveler's Visa to come here to visit for a little while. Then after her time is up here I would go back to the Philippines with her, meet her family, stay and visit a while to spend time more time together and everything.

We want to get married when she comes to California but can wait and do it in the Philippines also. However everything I've read so far online says that basically there's no chance at all she could get a Travelers Visa and when it comes two a K1 you can't get that either cuz we haven't met in person. Kind of a catch-22 and pain in the ### it seems so far. Is there any kind of leeway for Iraq or veterans or disabled Iraq War veterans? As I said I am a disabled Iraq war veteran I have three bulging herniated disc a displaced and pinched nerve sciatica and neuropathy and something with my knee which they can't tell me. With the physical disabilities I also have PTSD and anxiety, and it got me thinking would there be any chance of maybe getting a waiver seeing as how I have injuries and serious chronic pain and being on a long plane ride would no questions asked make it terrible and not to mention anxiety from PTSD? I'm guessing probably not but worth looking into. Or does anybody know it anything else about getting some kind of extra help through a veteran service office or something? Anyways so now that I filled you in what do you think from here? We're just about done with the passport process and didn't want to start the Visa process until we had everything down to the T. By the way thank you for the help everybody it's very much appreciated

i confuse.  u got nerve damage and PSTD and want waiver for meeting in last 2 years but u can fly to Philippines after she get a visitor visa?  U can't fly to meet the k1 requirement, but u can fly after she get a visitor visa.

 

sorry but young single filipina with us boyfriend she never meet before is never going to get visitor visa.

 

u will not get waiver for not meeting.

 

u wasting time and money filing for visitor visa and file k1 without meeting.

 

go to Philippines.  then file for her.

Edited October 6, 2017 by BuiQuang

[Jray707 0]

6 hours ago, geowrian said:

Anytime.

 

Ah, then that's an issue. For a K-1, you must have met at least once within the past 2 years of filing the I-129F. The exceptions for this are very, very rare. I understand the difficulty with traveling, but in order for this requirement to be waived, you would need to show that there is no way for the 2 of you to meet anywhere, and that you have sufficiently tried to do so. It's a really, really uphill course...I've only seen it in a handful of circumstances.

For reference, the same issue would come up with a proxy marriage...a proxy marriage must be consummated before USCIS will recognize it. NOTE: Consummated (for immigration) likely does NOT mean what most people think here. :wink: :wink:

 

Yeah, it's really tough to get a single filipina to the US. My now-wife only had 1 of her friends get approved to come for our wedding.

 

No, that's not what I meant. Sorry for the confusion. I'm saying once she gets the K-1 visa and enters the US, she cannot leave (and return) until she gets AP...~4 months after filing for AOS/AP/EAD. She is free to leave the Philippines at any time...and if she had a tourist visa, she can still visit you so long as she can show her ties to return home during POE.

Okay if I go to the Philippines and marry her there right after the marriage is done what can I do next to get her to come back to California with me when I leave? Or well we still have to wait 7 to 9 month for the K1 visa to go through before she can come live or visit California with me? 

[Nitas_man 3,100]

8 hours ago, Jray707 said:

No, we have not met in real life yet. What we would LIKE & would BE IDEAL is if she could get a traveler's Visa to come here to visit for a little while. Then after her time is up here I would go back to the Philippines with her, meet her family, stay and visit a while to spend time more time together and everything.

We want to get married when she comes to California but can wait and do it in the Philippines also. However everything I've read so far online says that basically there's no chance at all she could get a Travelers Visa and when it comes two a K1 you can't get that either cuz we haven't met in person. Kind of a catch-22 and pain in the ### it seems so far. Is there any kind of leeway for Iraq or veterans or disabled Iraq War veterans? As I said I am a disabled Iraq war veteran I have three bulging herniated disc a displaced and pinched nerve sciatica and neuropathy and something with my knee which they can't tell me. With the physical disabilities I also have PTSD and anxiety, and it got me thinking would there be any chance of maybe getting a waiver seeing as how I have injuries and serious chronic pain and being on a long plane ride would no questions asked make it terrible and not to mention anxiety from PTSD? I'm guessing probably not but worth looking into. Or does anybody know it anything else about getting some kind of extra help through a veteran service office or something? Anyways so now that I filled you in what do you think from here? We're just about done with the passport process and didn't want to start the Visa process until we had everything down to the T. By the way thank you for the help everybody it's very much appreciated

1.  Thank you very much for your service

 

I believe your best option right now is to pursue a visit visa for her.  It is difficult for that part of the world HOWEVER being turned down for a visit visa (my wife got turned down for one at light speed LOL) does not affect future immigration filings.  At least in our case it didn't.

 

I do not know much about the waiver process but it is rare for one to be granted.  Hardship to the petitioner is definitely grounds for waiver. 

 

Here's a cool little presentation that breaks down the rules step by step.  It's from the USCIS website.  If you can, I believe I would find an attorney who specializes in immigration law to focus like a laser for a few hours on exactly what you need to do or not do related to a waiver

 

Absent these two options you are correct in that you will have to make a trip.  In my view, if waivers are granted, you guys should be first in line to be entitled to one.

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/Resources for Congress/Congressional Reports/2011 National Immigration %26 Consular Conference Presentations/I-129F-Petition_for_Alien_Fiance(e).pdf

 

Best of luck!

Edited October 6, 2017 by Nitas_man

[BuiQuang 95]

3 hours ago, Jray707 said:

Okay if I go to the Philippines and marry her there right after the marriage is done what can I do next to get her to come back to California with me when I leave? Or well we still have to wait 7 to 9 month for the K1 visa to go through before she can come live or visit California with me? 

u need to do reading.  this is DIY.  u not understand basic immigration.

 

k1 is for fiancee not for wife.  wife can not use k1.

 

after marry, she can not go to US immediately with u.  u file spousal visa.  takes 1 year for visa.

 

she will NEVER get a visitor visa to visit u in the US.  NEVER.

 

[BuiQuang 95]

2 hours ago, Nitas_man said:

1.  Thank you very much for your service

 

I believe your best option right now is to pursue a visit visa for her.  It is difficult for that part of the world HOWEVER being turned down for a visit visa (my wife got turned down for one at light speed LOL) does not affect future immigration filings.  At least in our case it didn't.

 

I do not know much about the waiver process but it is rare for one to be granted.  Hardship to the petitioner is definitely grounds for waiver. 

 

Here's a cool little presentation that breaks down the rules step by step.  It's from the USCIS website.  If you can, I believe I would find an attorney who specializes in immigration law to focus like a laser for a few hours on exactly what you need to do or not do related to a waiver

 

Absent these two options you are correct in that you will have to make a trip.  In my view, if waivers are granted, you guys should be first in line to be entitled to one.

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/Resources for Congress/Congressional Reports/2011 National Immigration %26 Consular Conference Presentations/I-129F-Petition_for_Alien_Fiance(e).pdf

 

Best of luck!

how he qualify for waiver when u say he can go to Philippines to marry her?  why he need waiver for meeting when he can go see her in Phillippines after she try to get her visitor visa?

[geowrian 22,337]

5 hours ago, Jray707 said:

Okay if I go to the Philippines and marry her there right after the marriage is done what can I do next to get her to come back to California with me when I leave? Or well we still have to wait 7 to 9 month for the K1 visa to go through before she can come live or visit California with me? 

If you marry her before she enters on a K-1, she cannot obtain or use the K-1 visa. A requirement of the K-1 visa is that she is free to marry when she enters on it. You would need to then file for a CR-1 (spousal) visa. ETA: 12-14 months.

Unfortunately, there is faster option for immigration. If she can get a tourist visa to visit, that would be optimal to lessen the burden while waiting for the K-1.

[Nitas_man 3,100]

1 hour ago, BuiQuang said:

how he qualify for waiver when u say he can go to Philippines to marry her?  why he need waiver for meeting when he can go see her in Phillippines after she try to get her visitor visa?

It was an answer provided for the questions asked.  The K1 process after meeting and/or the CR1 process after marrying are straightforward and adequately outlined in various places on the site.