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kenk0001

which way do I go?

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I have been in an ongoing relationship with a woman in the Philippines, and after reading for various bits of information for the past few months now, I can say that I am somewhat confused.  We plan on marrying.  We want to get married.  The question I have is this:  Get married there and attempt to bring her in, do the K1 visa and cross our fingers, or....marry her on my next visit there but still see if she can get a tourist visa in the meantime?  Or.... ???

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I second a spouse visa at this point in time. It's all around better, but takes a few more months to obtain (~8-12 months vs ~12-16 months).*

* If there's a near-adult child (ages 18-20) that will be immigrating with her, then a K-1 has advantages.

 

Getting married in the Philippines can be a bit of a process to get all the paperwork, but many people have done this path.

She can apply for a tourist visa at any time. She will qualify or not based on her own circumstances. It would be very difficult to overcome the required presumption of immigrant intent with a USC boyfriend/fiance, but only way to know is to try. Applying after starting the immigration process will not be easier.

If she does get a tourist visa, she can marry in the US fine if you want, but she must still intend to return home to process the visa.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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I will suggest the spousal visa you will need to get a  lieu certificate capacity to Marry from the US embassy in the Philippines. You will need to schedule an appointment online for embassy in manila. Cebu you can just walk in There is also 10 days waiting period in the Philippine for you to receive the marriage license. You can research if you have not done so already for marriage in the Philippines

  The reason I suggest the spousal vis is that it is a better overall .Whle the K-1 visa is usually faster it is not that much faster. Also the K-1 visa is cheaper at first it will cost more in the long run

 Also  CR-1/IR-1 spousal via your finance will get a 2 year conditional green card as soon as she arrives in the US. With the K1 visa that would take a while

She can visit with a tourist visa but it is hard to get a tourist visa from the Philippines especially for single females. She will need to show ties to the Philippines with enough funds in her bank account

 

 

Edited by j&ana

ROC
Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Received DS-261 / AOS Bill : 2015-02-04
Pay AOS Bill : 2015-02-05
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-10
Receive IV Bill : 2015-03-03
Pay IV Bill : 2015-03-06
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
 

Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

   

http://jerryjja.wix.com/filipinasaswa?_ga=1.194674661.91538870.1441656248

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2 hours ago, kenk0001 said:

I have been in an ongoing relationship with a woman in the Philippines, and after reading for various bits of information for the past few months now, I can say that I am somewhat confused.  We plan on marrying.  We want to get married.  The question I have is this:  Get married there and attempt to bring her in, do the K1 visa and cross our fingers, or....marry her on my next visit there but still see if she can get a tourist visa in the meantime?  Or.... ???

Well that's for you to decide. Either spouse or fiance visa, you gotta pick what's better for you. 

 

Most important question is that if you met in person - without that there is no k1 visa

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Filed: AOS (apr) Country:
Timeline

What everyone is telling is you is true.

On the other hand, I would do the K1 visa just for one reason. 90 days for both of you to decide in getting married here in the USA. 90 days for both of you to adjust to each others while living under one roof. I am sure it was fun while visiting her in the Philippines and chatting online and all that. But let her come her, let her see what life is all about in here and how can she adjust. Are you ready to deal with her Tampo and the emotional ups and downs away from her family? Living and waking up under one roof for 90 days will really turn out to be the real test for both of you. 

 

Yes, spousal visa will give your wife Green Card on arrival and will take around a year or less, maybe.

K1 Visa might take the same time for approval and you need to add another year or more for AOS from the time you both file your I-485. But at least it will give both of you a chance to know each other more by living here in the USA. 

 

This is my own opinion only. 

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When are you planning to move there? 

I mean you'd need to wait at least 4 - 5 years before your future spouse will be eligible for US citizenship so she can move freely and live everywhere she wants. Can't so that with green card alone. 

 

She can apply for citizenship 3 years from the date her green card will be issued. 

 

And if you're planning on retireiring soon then I'd ask myself if this immigration thing is worth money and time. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Just now, kenk0001 said:

I am still seven years away from retirement...:)  

 

5 hours ago, Roel said:

When are you planning to move there? 

I mean you'd need to wait at least 4 - 5 years before your future spouse will be eligible for US citizenship so she can move freely and live everywhere she wants. Can't so that with green card alone. 

 

She can apply for citizenship 3 years from the date her green card will be issued. 

 

And if you're planning on retireiring soon then I'd ask myself if this immigration thing is worth money and time. 

 

On ‎7‎/‎1‎/‎2018 at 6:51 AM, Mmagic said:

What everyone is telling is you is true.

On the other hand, I would do the K1 visa just for one reason. 90 days for both of you to decide in getting married here in the USA. 90 days for both of you to adjust to each others while living under one roof. I am sure it was fun while visiting her in the Philippines and chatting online and all that. But let her come her, let her see what life is all about in here and how can she adjust. Are you ready to deal with her Tampo and the emotional ups and downs away from her family? Living and waking up under one roof for 90 days will really turn out to be the real test for both of you. 

 

Yes, spousal visa will give your wife Green Card on arrival and will take around a year or less, maybe.

K1 Visa might take the same time for approval and you need to add another year or more for AOS from the time you both file your I-485. But at least it will give both of you a chance to know each other more by living here in the USA. 

 

This is my own opinion only. 

Mmagic, thanks for the thoughtfulness... and you have a lot of wisdom.

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