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Posted
16 minutes ago, Hank_ said:

The 90 day thing .. that is mixed up for sure, the 90 days related to the K-1 visa and those people have 90 days to get married after the fiance arrives in the USA with the K-1 visa.

Ah, that too. I was thinking of the so-called "90 day rule" myth since the OP mentioned a tourist visa (not a K-1).

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

 

Posted

So does it mean. For tourist visa doesnt need to wait after 90 days from the time she gets to US to get married? Can she stays in US after marriage and file for AOS? Will this be a violation or there is a loophole? Or be better to go back to Philippines and file for spouse visa and re enter using tourist visa without overstaying in US?

Posted
1 minute ago, Elbertviola said:

So does it mean. For tourist visa doesnt need to wait after 90 days from the time she gets to US to get married?

Correct. For Vegas, as an example, she could get off the plane and go straight to anywhere that performs weddings and get married.

 

1 minute ago, Elbertviola said:

Can she stays in US after marriage and file for AOS? Will this be a violation or there is a loophole?

No loophole. This is clear fraud, as multiple members here have stated multiple times. Get this thought out of your head ASAP.

 

1 minute ago, Elbertviola said:

Or be better to go back to Philippines and file for spouse visa and re enter using tourist visa without overstaying in US?

Yes, this is the only legal option.

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

 

Filed: Other Country: Philippines
Timeline
Posted
1 hour ago, Elbertviola said:

So does it mean. For tourist visa doesnt need to wait after 90 days from the time she gets to US to get married? Can she stays in US after marriage and file for AOS:no:   Will this be a violation or there is a loophole? Or be better to go back to Philippines and file for spouse visa and re enter using tourist visa without overstaying in US?

Correct.   She arrives in the USA heads to Vegas, gets married the same day, you file the I-130 once your have certified copies of the marriage certificate.   

 

Your NEW wife, jumps back on an airplane and returns to the Philippines.    

 

 

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted

So, if she comes as US tourist visa and get married after few weeks then go back to the Philippines and file for cr1 doesnt violate her tourist visa when we get married  instead of just pure pleasure?  Im worried if she comes back as tourist while spouse visa is pending even just staying for few weeks might get denied because we got married during her tourist in US. 

Posted
1 minute ago, Hank_ said:

Your NEW wife, jumps back on an airplane and returns to the Philippines.    

After an appropriate honeymoon of course.

1 minute ago, Elbertviola said:

Im worried if she comes back as tourist while spouse visa is pending even just staying for few weeks might get denied because we got married during her tourist in US.

People do this all the time.   Mostly from Visa Waiver Countries

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted

Now, if she comes back to the Philippines, by their law, my first marriage is still not recognize out there yet.  In cenomar im still married w my ex wife.  Once i filed for spouse petition.  Will this be an issue w the US or Philippine immigration? It will shows that im still married w my ex wife. 

Posted
13 minutes ago, Elbertviola said:

Will this be an issue w the US

No

13 minutes ago, Elbertviola said:

Philippine immigration?

No

 

@Hank_, But I'm curious how CFO would handle this?

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Filed: Other Country: Philippines
Timeline
Posted
12 hours ago, Elbertviola said:

So, if she comes as US tourist visa and get married after few weeks then go back to the Philippines and file for cr1 doesnt violate her tourist visa when we get married  instead of just pure pleasure?  Im worried if she comes back as tourist while spouse visa is pending even just staying for few weeks might get denied because we got married during her tourist in US. 

Yup that is possible.    It is the job of CBP agents at POE to be very watchful for those that might violent the terms of their visa

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Filed: Other Country: Philippines
Timeline
Posted
11 hours ago, Paul & Mary said:

No

No

 

@Hank_, But I'm curious how CFO would handle this?

 

To this date CFO has not caused any issues, they do want a copy of the divorce decree, but after that it is all normal processing

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted

Another questions,  If we get married here in US and come back to the Philippines, do you know if a Catholic Church such as Manila Cathedral will let us do JUST  a Vows( Solemnized) since we are married already in US? What will be there requirements incase we have marriage certificate already from US? Will this still be an issue even my divorce is not yet recognized in PSA?  Please Advice! Thank you

Filed: Other Country: Philippines
Timeline
Posted
31 minutes ago, Elbertviola said:

Another questions,  If we get married here in US and come back to the Philippines, do you know if a Catholic Church such as Manila Cathedral will let us do JUST  a Vows( Solemnized) since we are married already in US? What will be there requirements incase we have marriage certificate already from US? Will this still be an issue even my divorce is not yet recognized in PSA?  Please Advice! Thank you

You need to ask the church.   I have heard of some where the priest did it and others where they would not.

 

Your divorce not being recognized is a non-issue you aren't get a marriage license in the Philippines .. just doing a renewal of vows  (party)

 

When we did the the renewal of vows for the family later, we hired one of those venues, the family's minister did the ceremony (not catholic) for us  .. it was all fancy. 

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted

Ill be emailing the Manila Cathedral if they will let us just Do the Vows since we (will) get a marriage certificate from US.  I don't think, I still need to get a legal capacity, recognize my divorce in the Philippines if we get married in US and have marriage license here.  Please give me any suggestions or comments about our plan. Now, if I file a spouse petition, I hope this will not be an issue w immigration if she came as tourist and get married in US since she will be back in the Philippines.  Also, how long do we need to wait before she comes back to US as tourist just for  few weeks vacation( not overstaying in US) once I filed for spouse visa? Thank you!

Filed: Other Country: Philippines
Timeline
Posted (edited)
9 hours ago, Elbertviola said:

Ill be emailing the Manila Cathedral if they will let us just Do the Vows since we (will) get a marriage certificate from US.  I don't think, I still need to get a legal capacity, recognize my divorce in the Philippines if we get married in US and have marriage license here.  Please give me any suggestions or comments about our plan. Now, if I file a spouse petition, I hope this will not be an issue w immigration if she came as tourist and get married in US since she will be back in the Philippines.  Also, how long do we need to wait before she comes back to US as tourist just for  few weeks vacation( not overstaying in US) once I filed for spouse visa? Thank you!

Of course you don't need a legal capacity to marry affidavit .. you would already be married.    You would not be completing a marriage license .. thus no required documents.

 

There is ZERO issue with immigration if she comes to the USA on a tourist visa and gets married, then returns to the Philippines.   (CBP would have issue if she pronounced she was coming to the USA to get married.  Coming to visit not an issue)

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

 
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