K-1 or I-130

[dephekt 2]

I am a US citizen (born in the USA) living in the Philippines since July 2019. I have a fiance here (we've been together for 11 months) and we are planning to get married in the next month in the Philippines. We want to be able to move back to the USA as soon as possible because I have better job opportunities there, but in the meantime I'll still be living in the Philippines. A few questions:

 

1. If we get married in the Philippines, do we still have the option of doing a K-1 process and getting married in the USA as well?
2. If I'm still living in the Philippines and we get married, can I even file the I-130 abroad (online) or would we need to get married and I would go back to the USA and file the I-130?

 

Regarding #2, here's a longer context for my question: I read about the DCF which at first seemed like the best/fastest option. We'd get married in the Philippines, I'd file do a DCF/I-130 at the consulate here and the process would be relatively quick. However, after looking into that, it seems like the consulate no longer allows you to file there unless you meet exceptional circumstances and everyone has to file online or through the Dallas lockbox. If the DCF isn't an available path, is it still possible to do this I-130 process through USCIS website while I'm residing abroad in the Philippines or would we need to get married in the Philippines then I'd have to go back to the USA to file her I-130 stuff?

 

We can get married in the Philippines or we can wait and get married in the USA. It doesn't matter to us, but I'd like to know in advance what the quickest path to coming back to the USA (with her) generally is so we can plan accordingly. We'd like to avoid being separated for 6+ months or years waiting for immigration processing regardless of what path we take.

Edited July 29, 2020 by dephekt

[Suze1 366]

1. If we get married in the Philippines, do we still have the option of doing a K-1 process and getting married in the USA as well?

No. Once you are married anywhere, you can not do the fiancee visa, which is what the K-1 is - it is for fiancees, not spouses. You would need a spousal visa once married anywhere.

No. You cannot get married twice, without getting a divorce between the two marriages.

If you mean, can we have two wedding ceremonies, well, if you go through a "wedding-like" ceremony anywhere, US Immigration might consider you to be ineligible for the K-1 (basically seeing you as "too married" already.)

So, having any such ceremony before, during, or even after filing for the fiancee visa is ill-advised.

 

2. If I'm still living in the Philippines and we get married, can I even file the I-130 abroad (online) or would we need to get married and I would go back to the USA and file the I-130?

Yes, you can file the I-130 while abroad.

You will have to demonstrate that you are still domiciled/reside officially in the US, or show definite plans to be domiciled in the US, since the whole purpose of the visa is for both of you to reside in the US.

 

3. If the DCF isn't an available path, is it still possible to do this I-130 process through USCIS website while I'm residing abroad in the Philippines or would we need to get married in the Philippines then I'd have to go back to the USA to file her I-130 stuff?

(We did DCF in Manila back in 2016, by the way. It was great.) 

DCF is no longer available in the Philippines.

You can get married in the Phils, and file the I-130 from there, as mentioned above.

 

 

Edited July 29, 2020 by Suze1

[payxibka 10,045]

If you have extenuating circumstances, I would pursue DCF.  In fact, I would not even consider filing a stateside petition until I had an answer from the consulate.  Unfortunately,  acceptance is a bit subjective and not guaranteed even if you meet the criteria. 

 

 

Edited July 29, 2020 by payxibka

[Unlockable 7,314]

*** Topic moved to  What Visa Do I Need - Family Based Immigration 

 

VJ Moderation

[Crazy Cat 41,888]

5 hours ago, dephekt said:

We'd like to avoid being separated for 6+ months or years waiting for immigration processing regardless of what path we take.

No one wants to be separated during the process.  However, we don't always get what we want.  Conventional wisdom (Pre-Covid) says that a K-1 would be a little faster.  However, spousal visas seem to be considered mission critical, and some are being issued now.  I haven't seen any K-1s issued for a while.  Aside from speed, there are other differences worthy of consideration.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

    Intent to deny can be reviewed and rebutted
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