What visa should I apply?

[Jane_mj 0]

Hi VJ. I just got married to a US citizen in Texas. I had a J1 visa that is why I was in Texas but right now me and my husband is currently living here in the Philippines. We just got married in Texas but didn't not report our marriage certificate at the Philippine consulate and also we don't have time to change my status or submit any requirements to the USCIS. So right now we r having trouble for me to go back to US in easy way.  And also we don't know where to report our marriage certificate here in the Philippines. 

[geowrian 22,337]

You would file an I-130 then apply for a CR-1 visa. Guide: http://www.visajourney.com/content/i130guide1

 

Report of Marriage (ROM) would be filed with the consulate covering the state where the marriage occurred: http://www.philippineconsulatela.org/consular-services-2/civil-registry-2/report-of-marriage-of-a-filipino-abroad

For Texas, I believe this is the Philippine Consulate General in Los Angeles, CA.

[TNJ17 1,329]

You need to file for a spousal visa if you are planning on moving back to the US. I don’t know about the Philippines but if you can file directly at the consulate you can be done in just a couple of weeks. You have to research if DCF can be done for you since your husband is a resident abroad he qualifies for that and you bypass USCIS. If not then USCIS route it is. Your husband will have to restablish resident back home to bring you on a spousal visa. He will also have to meet financial requirements. Search for CR1 guidelines on this site and you can get step by step on what to do. The only problem with filing for CR1 is the current times are 12-14 months for visa in hand so you have a long way to go but you’ll be getting to the US with a greencard and able to travel freely and work. Same with DCF but much much faster, but you have to qualify. So research that. I think you also need to apply for a waiver for your J1. Hope this helps. 

[geowrian 22,337]

Good point raised above...if DCF is available, then that is much faster than filing the I-130 in the US. I initially assumed it was not since they said "just married" in Texas, but if the OP meets the physical presence requirements in the Philippines, then DCF may be available.

[Jane_mj 0]

about the marriage certificate do we really need to file it at the Philippine consulate in LA? Or there is also a place here in the Philippines to report it.  Coz right now we are already here in the Philippines. If so, could my husband file it there by himself or I also need to be there. Coz I can't go back to US unless I already have visa. 

[geowrian 22,337]

1 hour ago, Jane_mj said:

about the marriage certificate do we really need to file it at the Philippine consulate in LA? Or there is also a place here in the Philippines to report it.  Coz right now we are already here in the Philippines. If so, could my husband file it there by himself or I also need to be there. Coz I can't go back to US unless I already have visa. 

I'm not 100% sure, but everything I've found regarding regarding reporting the marriage of a Filipino abroad indicates it must be filed with the consulate with jurisdiction over the area where the marriage took place.

He cannot file it himself in person,, but you can file it via mail. Just be sure to get the items notarized, as noted in the link I sent.

 

@Hank_, do you know if there's a way to report a foreign marriage while currently in the Philippines?

[Hank_ 9,174]

25 minutes ago, geowrian said:

I'm not 100% sure, but everything I've found regarding regarding reporting the marriage of a Filipino abroad indicates it must be filed with the consulate with jurisdiction over the area where the marriage took place.

He cannot file it himself in person,, but you can file it via mail. Just be sure to get the items notarized, as noted in the link I sent.

 

@Hank_, do you know if there's a way to report a foreign marriage while currently in the Philippines?

You are correct.    If not married in the Philippines, the marriage must be reported through the consulate representing the state where the marriage took place.

1 hour ago, Jane_mj said:

about the marriage certificate do we really need to file it at the Philippine consulate in LA? Or there is also a place here in the Philippines to report it.  Coz right now we are already here in the Philippines. If so, could my husband file it there by himself or I also need to be there. Coz I can't go back to US unless I already have visa. 

No.   Must be done through the consulate representing the state where married.    This can be done by mail, so it is a "painless" process.

Edited January 16, 2018 by Hank_

[Ontarkie 14,190]

~~Moved to the PI Forum, from K3 P&P - As the OP needs to complete a few country specific steps before the process can be started.~~

[Chris Duffy 1,257]

I would go DCF

[Hank_ 9,174]

22 hours ago, Jane_mj said:

Hi VJ. I just got married to a US citizen in Texas. I had a J1 visa that is why I was in Texas but right now me and my husband is currently living here in the Philippines. We just got married in Texas but didn't not report our marriage certificate at the Philippine consulate and also we don't have time to change my status or submit any requirements to the USCIS. So right now we r having trouble for me to go back to US in easy way.  And also we don't know where to report our marriage certificate here in the Philippines. 

 

Others have mentioned that for filing the I-130 immigrant visa, spouse) to choose DCF (Direct Consulate Filing) through USEM being your husband is currently residing in the Philippines.  This process takes about 60 days... TOTAL.   Compared to the long route of fling from the USA .. which is closer to a year, it is easy to understand why DCF is preferred.  

 

The process starts by filing the I-130 at USCIS within the embassy in Manila.

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

[payxibka 10,045]

I don't know what is required by Manila but s USC must typically have 6 mos. in country before DCF is accepted

[Hank_ 9,174]

26 minutes ago, payxibka said:

I don't know what is required by Manila but s USC must typically have 6 mos. in country before DCF is accepted

For USCIS (Manila) 6 Months is required.   

[Hank_ 9,174]

42 minutes ago, Hank_ said:

 

Others have mentioned that for filing the I-130 immigrant visa, spouse) to choose DCF (Direct Consulate Filing) through USEM being your husband is currently residing in the Philippines.  This process takes about 60 days... TOTAL.   Compared to the long route of fling from the USA .. which is closer to a year, it is easy to understand why DCF is preferred.  

 

The process starts by filing the I-130 at USCIS within the embassy in Manila.

 

https://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-uscis-manila-field-office

https://www.uscis.gov/about-us/find-uscis-office/international-offices/contact-us-uscis-manila-field-office

 

[Jane_mj 0]

my husband and I got here in the Philippines last September 17, 2017. So he've been staying here for almost 4mos. When we arrived here in the Philippines we showed to the immigration our certified copy of marriage certificate. They kinda didnot accepted it coz they want to see the original certificate, but that time we don't have the original coz it was currently in the Travis  county clerk office. We got married last September 4,2017.  But the immigration stamped my husband's passport a one year visa, but immigration insisted that my husband needs to exit this coming February for "good record." That he could only stay here for 5months even tho they stamped his passport for one year.

[Chris Duffy 1,257]

7 hours ago, Jane_mj said:

my husband and I got here in the Philippines last September 17, 2017. So he've been staying here for almost 4mos. When we arrived here in the Philippines we showed to the immigration our certified copy of marriage certificate. They kinda didnot accepted it coz they want to see the original certificate, but that time we don't have the original coz it was currently in the Travis  county clerk office. We got married last September 4,2017.  But the immigration stamped my husband's passport a one year visa, but immigration insisted that my husband needs to exit this coming February for "good record." That he could only stay here for 5months even tho they stamped his passport for one year.

I am not understanding that one.  They give him BB privilege but tell him he can only stay 5 months.