Can i filled spouse visa even same sex marriage is not legal in the Philippines

[Crazy Cat 41,893]

2 minutes ago, Epic15 said:

Well im in the Us. I was going to file it here in the Us but pandemic came in so i delayed. Then i saw this marriage in the Philippines. Thought of getting marry with her in the Philippines and file for spouse visa. I was bothered cause of i know same sex is not legal in the Philippines but i saw that they have marriage certificates. That's why im so confuse where or what to do just to get my gf and her daughter here with me

You cannot marry under Philippine law.  It will not be recognized by USCIS.  @Adventine gave you the best option, imo......the Utah Zoom marriage.  The Utah marriage would be under Utah law, and it would be recognized by USCIS (once you are in the presence of each other). 

Edited September 17, 2021 by Crazy Cat

[Epic15 0]

11 minutes ago, Crazy Cat said:

You cannot marry under Philippine law.  It will not be recognized by USCIS.  @Adventine gave you the best option, imo......the Utah Zoom marriage.  The Utah marriage would be under Utah law, and it would be recognized by USCIS (once you are in the presence of each other). 

So if i file a spouse visa can i filed it in kansas? Even we get married in utah we can still live in any state?

If i filed spouse visa which she has a daughter is that a separate file? Or can her daughter travel with her too?

[Crazy Cat 41,893]

8 minutes ago, Epic15 said:

So if i file a spouse visa can i filed it in kansas? Even we get married in utah we can still live in any state?

If i filed spouse visa which she has a daughter is that a separate file? Or can her daughter travel with her too?

You can file the I-130s from anywhere.  You can live in any state.  For immediate relatives of US citizens, they are separate cases.....but can be timed so as to allow them to travel together. 

[Crazy Cat 41,893]

According to this chart produced by the famous @Captain Ewok, Manila has been approving more spousal visas vs fiance visas for quite a while.

 

[top_secret 2,421]

45 minutes ago, Crazy Cat said:

According to this chart produced by the famous @Captain Ewok, Manila has been approving more spousal visas vs fiance visas for quite a while.

Definitely don't even think about filing a K-1 visa application for someone in the Philippines at this time.  The backlog for K-1's at US Embassy Manila seems almost hopeless that they will get it cleared any time in the foreseeable future.  CR-1 is going fast at US Embassy Manila.  Most CR/IR-1 cases are getting interviews a month or less after Documentarily Qualified.  My wife and step daughter just got their interview appointment for October 5 and we only just filed the I-130's in March of this year.

[HRQX 4,145]

3 hours ago, Adventine said:

who is going to do the Utah Zoom marriage with his Filipina fiancee very soon.

AJ and Jo Anna married last week (see the most recent post in that thread)

[Epic15 0]

1 hour ago, top_secret said:

Definitely don't even think about filing a K-1 visa application for someone in the Philippines at this time.  The backlog for K-1's at US Embassy Manila seems almost hopeless that they will get it cleared any time in the foreseeable future.  CR-1 is going fast at US Embassy Manila.  Most CR/IR-1 cases are getting interviews a month or less after Documentarily Qualified.  My wife and step daughter just got their interview appointment for October 5 and we only just filed the I-130's in March of this year.

Ok il take note of that. Can utah zoom marriage can marry us via zoom in the Philippines?

 

[top_secret 2,421]

1 minute ago, Epic15 said:

Ok il take note of that. Can utah zoom marriage can marry us via zoom in the Philippines?

 

Yes.  Geographic location is not relevant to the Utah zoom weddings. There was even a recent example where a Russian and a Filipina married while they were both in Russia together.  Neither of them had ever even been to the US before.

[jg121783 3,915]

4 hours ago, Epic15 said:

So if i file a spouse visa can i filed it in kansas? Even we get married in utah we can still live in any state?

If i filed spouse visa which she has a daughter is that a separate file? Or can her daughter travel with her too?

I brought both my wife and step son here on a spousal visa. You simply add the step child to the I-130 and their cases will be processed together and they should be able to travel here together. We also know people who immigrated here from the Philippines on a spousal visa who came alone then later brought their child here. It can be done either way (assuming the child is still a minor when they are brought here).

[Crazy Cat 41,893]

1 hour ago, jg121783 said:

I brought both my wife and step son here on a spousal visa. You simply add the step child to the I-130 and their cases will be processed together and they should be able to travel here together. We also know people who immigrated here from the Philippines on a spousal visa who came alone then later brought their child here. It can be done either way (assuming the child is still a minor when they are brought here).

The Step Daughter will need a separate I-130.  There are no derivatives for the immediate relatives of a US citizen.  The cases will be processed separately. 

Edited September 17, 2021 by Crazy Cat

[jg121783 3,915]

13 minutes ago, Crazy Cat said:

The Daughter will need a separate I-130.  There are no derivatives for the immediate relatives of a US citizen.  The cases will be processed separately. 

I thought it was the petitioners step daughter not biological daughter. Sorry for the confusion.

[Crazy Cat 41,893]

Just now, jg121783 said:

I thought it was the petitioners step daughter not biological daughter. Sorry for the confusion.

It is his step-daughter. .......but he still must file an I-130 for her.  There are no derivatives for a CR-1/IR-1.  

[jg121783 3,915]

30 minutes ago, Crazy Cat said:

It is his step-daughter. .......but he still must file an I-130 for her.  There are no derivatives for a CR-1/IR-1.  

Unless things have changed I believe that is incorrect. When I did my wife's I-130 I was able to include my step son in the same application and their cases were processed together. In fact all the way up to removal of conditions which we recently completed their cases were processed together and we didn't have to file separate applications for anything.

[HRQX 4,145]

3 minutes ago, jg121783 said:

Unless things have changed I believe that is incorrect. When I did my wife's I-130 I was able to include my step son in the same application and their cases were processed together.

Separate I-130 petitions are required: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html "A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent's F2 petition. A child is not included as a derivative in his/her parent's IR petition."

[jg121783 3,915]

22 minutes ago, HRQX said:

Separate I-130 petitions are required: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html "A child does not receive derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition where a child is included in his/her parent's F2 petition. A child is not included as a derivative in his/her parent's IR petition."

I apologize you are correct. It has been a long time since we completed the I-130 and we did have to send separate applications however their cases were processed together and they were able to travel here together. The removal of conditions process is what I was thinking of for some reason.