CFO requirements for CR-1 visa

[Racefan56 3]

Hi everyone. My wife and I got married in the U.S. this past December while she was here on a J-1 visa. She is currently back home in the Philippines while our papers are processing for her CR-1 visa. 

 

We're both stressing out quite a bit about the CFO sticker she'll need before she can come back to the U.S. Depending on which CFO seminar she attends there seems to be different requirements. The main issue is if we will need a Philippine marriage certificate through a Philippine consulate Report of Marriage(ROM). One of the CFO seminars I looked at was for immigrants moving to a permanent residence outside the country. That one didn't list the need for the ROM. The one for a fiance/spouse however said it was required. She seems to fit either category the way I understand I, but I'm not sure. 

 

I mailed off the application to the consulate recently, but I believe it's likely to get denied because we didn't have our signatures notarized. I don't think it's possible to notarize the signatures since we're in two entirely different locations now. 

 

Thank you for your input. 

[geowrian 22,338]

The two types of programs are PDOS and GCP. She must do GCP since she's going to use a CR-1/IR-1 visa. She can't do PDOS and exit on that visa.

http://www.visaconnection-philippines.com/cfo-orientation-seminar.html

 

I don't think there will be an issue using the US marriage certificate, but I'll defer to others to confirm.

 

What did you send off to the embassy recently? The I-130 is sent to USCIS in the US, and that will take 6-9+ months to process, then off to NVC for at least a few more months, then off to the embassy.

Signatures are not required to be notarized for anything with the I-130.

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

[Greenbaum 12,260]

  On 3/24/2018 at 6:23 PM, Racefan56 said:

Hi everyone. My wife and I got married in the U.S. this past December while she was here on a J-1 visa. She is currently back home in the Philippines while our papers are processing for her CR-1 visa. 

 

We're both stressing out quite a bit about the CFO sticker she'll need before she can come back to the U.S. Depending on which CFO seminar she attends there seems to be different requirements. The main issue is if we will need a Philippine marriage certificate through a Philippine consulate Report of Marriage(ROM). One of the CFO seminars I looked at was for immigrants moving to a permanent residence outside the country. That one didn't list the need for the ROM. The one for a fiance/spouse however said it was required. She seems to fit either category the way I understand I, but I'm not sure. 

 

I mailed off the application to the consulate recently, but I believe it's likely to get denied because we didn't have our signatures notarized. I don't think it's possible to notarize the signatures since we're in two entirely different locations now. 

 

Thank you for your input. 

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I'm not well versed in this but Hank is and he will be on shortly and answer your question. He is the resident Guru. 

[Racefan56 3]

  On 3/24/2018 at 6:40 PM, geowrian said:

 

 

What did you send off to the embassy recently? The I-130 is sent to USCIS in the US, and that will take 6-9+ months to process, then off to NVC for at least a few more months, then off to the embassy.

Signatures are not required to be notarized for anything with the I-130.

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

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Thanks for your quick reply. I sent the Report of marriage off to the embassy a few days ago (the one I think needs to be notarized). We had Rapid visa's help  with the USCIS documents. 

[Hank_ 9,174]

  On 3/24/2018 at 6:23 PM, Racefan56 said:

Hi everyone. My wife and I got married in the U.S. this past December while she was here on a J-1 visa. She is currently back home in the Philippines while our papers are processing for her CR-1 visa. 

 

We're both stressing out quite a bit about the CFO sticker she'll need before she can come back to the U.S. Depending on which CFO seminar she attends there seems to be different requirements. The main issue is if we will need a Philippine marriage certificate through a Philippine consulate Report of Marriage(ROM). One of the CFO seminars I looked at was for immigrants moving to a permanent residence outside the country. That one didn't list the need for the ROM. The one for a fiance/spouse however said it was required. She seems to fit either category the way I understand I, but I'm not sure. 

 

I mailed off the application to the consulate recently, but I believe it's likely to get denied because we didn't have our signatures notarized. I don't think it's possible to notarize the signatures since we're in two entirely different locations now. 

 

Thank you for your input. 

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CFO-GCP is for a fiancee, or a person married to a USC.     Don't stress over this, follow their requirements (and those listed on the visa connection website) all will be fine.  

 

Question.  Did you file the I-130 in your wife's married or maiden name?

 

You will need to complete ROM so that you have a PSA copy of your marriage for CFO.     

 

Report of Marriage, ROM, is to be reported to the consulate representing the state where you were married.  It should be notarized (Ya I know, they leave no space for this.. squeeze it in) .. and now it is complicated because your wife is in the Phils.   (may I suggest if the one you filed gets denied that you complete another, have it notarized with your signature, then send it off to your wife to sign   )

 

 

[Racefan56 3]

  On 3/24/2018 at 10:14 PM, Hank_ said:

CFO-GCP is for a fiancee, or a person married to a USC.     Don't stress over this, follow their requirements (and those listed on the visa connection website) all will be fine.  

 

Question.  Did you file the I-130 in your wife's married or maiden name?

 

You will need to complete ROM so that you have a PSA copy of your marriage for CFO.     

 

Report of Marriage, ROM, is to be reported to the consulate representing the state where you were married.  It should be notarized (Ya I know, they leave no space for this.. squeeze it in) .. and now it is complicated because your wife is in the Phils.   (may I suggest if the one you filed gets denied that you complete another, have it notarized with your signature, then send it off to your wife to sign   )

 

 

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Hi, thanks for replying. The I-130 is filed under her married name. Hopefully it doesn't get denied, but that's unlikely I'm sure. The consulate over my state is the one in Chicago. They only have a small list of notary publics that they consider accredited. The closet one is around 200 miles from me. 

 

What's really strange is throughout my research on this topic and others a few people have said they either got their rom approved without notarization, or didn't apply for a rom at all until after they returned to the u.s. These are in the minority of reports of course. 

 

Thanks again

[Hank_ 9,174]

  On 3/25/2018 at 3:24 AM, Racefan56 said:

Hi, thanks for replying. The I-130 is filed under her married name. Hopefully it doesn't get denied, but that's unlikely I'm sure. The consulate over my state is the one in Chicago. They only have a small list of notary publics that they consider accredited. The closet one is around 200 miles from me. 

 

What's really strange is throughout my research on this topic and others a few people have said they either got their rom approved without notarization, or didn't apply for a rom at all until after they returned to the u.s. These are in the minority of reports of course. 

 

Thanks again

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Being you filed the I-130 in her married name, she will need her passport changed to her married name .. this requires CFO (DFA requires the CFO certificate to issue the passport in the married name) .. and a PSA issued marriage certificate. 

 

 

[Racefan56 3]

  On 3/25/2018 at 12:52 PM, Hank_ said:

Being you filed the I-130 in her married name, she will need her passport changed to her married name .. this requires CFO (DFA requires the CFO certificate to issue the passport in the married name) .. and a PSA issued marriage certificate. 

 

 

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Ok. Thank you. You said if my room gets denied that I could notarize my signature and then send the forms to my wife and have her sign. Wouldn't the notary specify who's signature they were notarizing? 

[Hank_ 9,174]

  On 3/25/2018 at 1:57 PM, Racefan56 said:

Ok. Thank you. You said if my room gets denied that I could notarize my signature and then send the forms to my wife and have her sign. Wouldn't the notary specify who's signature they were notarizing? 

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Don't know how it is in your area, around here they just stamp and signed the document.  It was just an "idea"   

[Racefan56 3]

  On 3/25/2018 at 2:03 PM, Hank_ said:

Don't know how it is in your area, around here they just stamp and signed the document.  It was just an "idea"   

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I wasn't sure. Ive never had to get anything notarized before. I'll look into it further and see. Have you done this rom process before personally? It seems rediculous that they want the documents notarized, and then they want the notary's signature essentially notarized as well by the county if the notary used isn't one of the handful they recognize. It doesn't make any sense. 

 

We can't help but stress over this because if we can't get this rom approved, it sounds like she's stuck in the Philippines for life.

[Hank_ 9,174]

  On 3/25/2018 at 3:10 PM, Racefan56 said:

I wasn't sure. Ive never had to get anything notarized before. I'll look into it further and see. Have you done this rom process before personally? It seems rediculous that they want the documents notarized, and then they want the notary's signature essentially notarized as well by the county if the notary used isn't one of the handful they recognize. It doesn't make any sense. 

 

We can't help but stress over this because if we can't get this rom approved, it sounds like she's stuck in the Philippines for life.

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Yup we did ROM, completed it during an outreach event, they notarized our signatures there.    But many others have done it through the mail that I know of and notary was required, other than that I have not heard of issues.   

 

Chicago seems to be "weird" with a list of accepted notaries.  Don't they know that all notaries are required to be registered?   A taste of the Philippines .. in Chicago.  

[Racefan56 3]

  On 3/25/2018 at 3:27 PM, Hank_ said:

Yup we did ROM, completed it during an outreach event, they notarized our signatures there.    But many others have done it through the mail that I know of and notary was required, other than that I have not heard of issues.   

 

Chicago seems to be "weird" with a list of accepted notaries.  Don't they know that all notaries are required to be registered?   A taste of the Philippines .. in Chicago.  

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Thank you for all of your input and advice. Yes, they do seem to be the strangest one. On the rom application under the list of requirements they don't mention that the document need to be notarized. All other consulate rom applications I've seen specify the need to notarize under the list of requirements. Despite that, everyone says it does need to be notarized. Their rom application is very decieving

 

Thanks again

[Hank_ 9,174]

  On 3/25/2018 at 3:49 PM, Racefan56 said:

Thank you for all of your input and advice. Yes, they do seem to be the strangest one. On the rom application under the list of requirements they don't mention that the document need to be notarized. All other consulate rom applications I've seen specify the need to notarize under the list of requirements. Despite that, everyone says it does need to be notarized. Their rom application is very decieving

 

Thanks again

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I was just reading on the J1.   Has it been 2 years since your wife returned to the Philippines?    Seems there are terms with the J1 visa to be examined that may restrict your wife from getting an immigrant visa immediately. 

 

In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. However, the J-1 holder may not be immediately eligible for U.S. lawful permanent residence (a "green card") based on that marriage, depending on the exact terms of the visa -- in particular, whether he or she is subject to the "two-year home country physical presence requirement."

Receiving a J-1 visa means that you are part of an exchange program, the goal of which is to promote cultural exchange. If you simply stay in the United States after finishing your time as an exchange visitor, without going home and sharing or utilizing what you've learned, that goal will not have been met. For this reason, J-1 visas often come with the requirement that the holder return home at the end of the visa term and spend two years there before attempting to return on an H, L, K, or immigrant lawful permanent resident (LPR) visa. 

[Racefan56 3]

  On 3/25/2018 at 5:06 PM, Hank_ said:

I was just reading on the J1.   Has it been 2 years since your wife returned to the Philippines?    Seems there are terms with the J1 visa to be examined that may restrict your wife from getting an immigrant visa immediately. 

 

In theory, nothing stops a J-1 visa holder from getting married to a United States citizen. However, the J-1 holder may not be immediately eligible for U.S. lawful permanent residence (a "green card") based on that marriage, depending on the exact terms of the visa -- in particular, whether he or she is subject to the "two-year home country physical presence requirement."

Receiving a J-1 visa means that you are part of an exchange program, the goal of which is to promote cultural exchange. If you simply stay in the United States after finishing your time as an exchange visitor, without going home and sharing or utilizing what you've learned, that goal will not have been met. For this reason, J-1 visas often come with the requirement that the holder return home at the end of the visa term and spend two years there before attempting to return on an H, L, K, or immigrant lawful permanent resident (LPR) visa. 

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She isn't subject to the two year home stay requirement. It's printed on her J-1. I appreciate you being thorough with this. 

 

Out of curiosity. When you and your wife went to the outreach, was it before she went back to the Philippines? Or did she not go back?

[Hank_ 9,174]

Glad to hear that 2 year requirement isn't an issue for you and your wife.

 

We did the K-1 visa, my wife was in the USA.