Which Visa is easiest and best, K-1, K-3 or CR-1 for my situation?

[Jimmyzr1 36]

First of all, I initially visited my girlfriend in the Philippines in October of 2018, traveled the country and with her, then came back to the US. I moved there in January of 2019, leased a couple of houses, then moved back to the US in February of 2021. We married online through Utah on a zoom wedding in December of 2021.

 

I am wondering if I should go to the the Philippines to consummate the marriage for the CR-1 requirements, which in Manila is starting to lockdown for unvaccinated, like myself, or stay in the US and file a K-1, K-3 Visa? If I try to go to the Philippines currently, they could shut down totally for foreign, unvaccinated between when I purchase the airfare and book quarantine hotel and actually get there. I would have to currently book a 7 night hotel, which could change to up to 14 nights.

 

Also, the President is not currently letting unvaccinated move in or around the city. I would have to travel an hour away after quarantine, if even allowed to travel. I have heard of others getting stuck in the quarantine hotel, saying they tested positive for covid, even though no symptoms and would either have to stay there 14 nights, or maybe get moved to a government facility.

Things there could worsen at any time. It would be pretty costly, Probably spending at least $3000, could be much more, between airline tickets, meals, covid tests for a 3-5 week stay. Altogether, the trip could get up to $4-5000, all said and done. 

 

The main thing I’m considering is which way would be the quickest and easiest avenue to get her and her son to the US during this covid (removed)? I realize the CR-1 is only one step, the K-1 or K-3 requires 2 long processes to be completed. I may also end up having to hire help with processing the paperwork as I seem to get off track or at times. 

The next thing I’m wondering about, is I’m planning on moving, probably back east somewhere, possibly South Carolina or Florida, moving away from California. I’ve heard California has long processing times, but maybe everywhere does. Are any states to file quicker than others? Thanks for any help or advice!

[SalishSea 17,970]

1 hour ago, Jimmyzr1 said:

First of all, I initially visited my girlfriend in the Philippines in October of 2018, traveled the country and with her, then came back to the US. I moved there in January of 2019, leased a couple of houses, then moved back to the US in February of 2021. We married online through Utah on a zoom wedding in December of 2021.

I am wondering if I should go to the the Philippines to consummate the marriage for the CR-1 requirements, which in Manila is starting to lockdown for unvaccinated, like myself, or stay in the US and file a K-1, K-3 Visa? If I try to go to the Philippines currently, they could shut down totally for foreign, unvaccinated between when I purchase the airfare and book quarantine hotel and actually get there. I would have to currently book a 7 night hotel, which could change to up to 14 nights.

Also, the President is not currently letting unvaccinated move in or around the city. I would have to travel an hour away after quarantine, if even allowed to travel. I have heard of others getting stuck in the quarantine hotel, saying they tested positive for covid, even though no symptoms and would either have to stay there 14 nights, or maybe get moved to a government facility.

Things there could worsen at any time. It would be pretty costly, Probably spending at least $3000, could be much more, between airline tickets, meals, covid tests for a 3-5 week stay. Altogether, the trip could get up to $4-5000, all said and done. 

The main thing I’m considering is which way would be the quickest and easiest avenue to get her and her son to the US during this covid (removed)? I realize the CR-1 is only one step, the K-1 or K-3 requires 2 long processes to be completed. I may also end up having to hire help with processing the paperwork as I seem to get off track or at times. 

The next thing I’m wondering about, is I’m planning on moving, probably back east somewhere, possibly South Carolina or Florida, moving away from California. I’ve heard California has long processing times, but maybe everywhere does. Are any states to file quicker than others? Thanks for any help or advice!

You have many misconceptions about this process.  I'll try to clarify some of them.

 

1) You are married, so you are no longer eligible for the K-1. After your next visit, you can petition her for a CR-1 visa.

 

2) I-130 petitions for spouses are not adjudicated at service centers based on where you live, so moving to a different state is irrelevant.  Accepted petitions are batched to the service centers from the lockbox based on some secret USCIS algorithm.  

 

Yes, US immigration is expensive.  Visits are expensive.  The process is time-consuming.  All of these factors should weigh in when we choose overseas partners.

 

As far as the vaccine requirements, that is not a US immigration issue.  If it becomes a barrier to seeing your wife though, you may have to reconsider your stance on the vaccine.

 

Good luck - sounds like you need it.

 

Edited January 10, 2022 by Unlockable

[Boiler 45,731]

Agree with the above

[Jimmyzr1 36]

On 1/10/2022 at 2:34 PM, Jorgedig said:

You have many misconceptions about this process.  I'll try to clarify some of them.

 

1) You are married, so you are no longer eligible for the K-1. After your next visit, you can petition her for a CR-1 visa.

 

2) I-130 petitions for spouses are not adjudicated at service centers based on where you live, so moving to a different state is irrelevant.  Accepted petitions are batched to the service centers from the lockbox based on some secret USCIS algorithm.  

 

Yes, US immigration is expensive.  Visits are expensive.  The process is time-consuming.  All of these factors should weigh in when we choose overseas partners.

 

As far as the vaccine requirements, that is not a US immigration issue.  If it becomes a barrier to seeing your wife though, you may have to reconsider your stance on the vaccine.

 

Good luck - sounds like you need it.

 

Well, even if not consummated, is that still considered legally married for a CR-1? That’s why I was wondering if another way to get them here.  If so, why do I have to consummate after the online wedding? We lived together for a couple of years and could prove that to the US government.

 

Edited January 13, 2022 by Ryan H
Reason for edit: to separate reply from quote

[SalishSea 17,970]

1 minute ago, Jimmyzr1 said:

 

 

 

 

The online marriage thing for Utah is fairly new, but the USCIS verbiage on 'proxy' weddings is quite clear:  you cannot petition for your spouse until you have been together in person after having an online marriage.

 

And unfortunately, you are legally married, which is why you are NOT eligible for the K-1 now.

[Crazy Cat 41,982]

1 minute ago, Jimmyzr1 said:

 

 

 

 

USCIS will not recognize your marriage until you have been in presence of each other either during or after the marriage ceremony......period.  You are now married.  The spousal visa visa (CR-1/IR-1) is your only option.

[Jimmyzr1 36]

2 minutes ago, Jorgedig said:

The online marriage thing for Utah is fairly new, but the USCIS verbiage on 'proxy' weddings is quite clear:  you cannot petition for your spouse until you have been together in person after having an online marriage.

 

And unfortunately, you are legally married, which is why you are NOT eligible for the K-1 now.

Great, thanks for your help.

[Mike E 11,741]

2 minutes ago, Crazy Cat said:

USCIS will not recognize your marriage until you have been in presence of each other either during or after the marriage ceremony......period.  You are now married.  The spousal visa visa (CR-1/IR-1) is your only option.

Re CR1  vs IR1: A fascinating question is when does the two year clock start after an Internet wedding.  On wedding day or on meeting day?

[Jimmyzr1 36]

3 minutes ago, Crazy Cat said:

USCIS will not recognize your marriage until you have been in presence of each other either during or after the marriage ceremony......period.  You are now married.  The spousal visa visa (CR-1/IR-1) is your only option.

 

4 minutes ago, Jorgedig said:

The online marriage thing for Utah is fairly new, but the USCIS verbiage on 'proxy' weddings is quite clear:  you cannot petition for your spouse until you have been together in person after having an online marriage.

 

And unfortunately, you are legally married, which is why you are NOT eligible for the K-1 now.

 

4 minutes ago, Crazy Cat said:

USCIS will not recognize your marriage until you have been in presence of each other either during or after the marriage ceremony......period.  You are now married.  The spousal visa visa (CR-1/IR-1) is your only option.

Thanks for your help. I appreciate all of the advice I get here.

[Crazy Cat 41,982]

3 minutes ago, Mike E said:

Re CR1  vs IR1: A fascinating question is when does the two year clock start after an Internet wedding.  On wedding day or on meeting day?

Hmmmm...... Interesting question......that could be debated either way.....😀  I am speculating that wedding day would be the answer since USCIS is recognizing the ceremony.. 

Edited January 10, 2022 by Crazy Cat

[SalishSea 17,970]

4 minutes ago, Mike E said:

Re CR1  vs IR1: A fascinating question is when does the two year clock start after an Internet wedding.  On wedding day or on meeting day?

Sounds like something they will have to define in a memorandum sometime in the near future.  With the Utah option being so new, and many people in the OP's situation with Covid/Travel, there could eventually be legally married couples who have not seen each other for years since before the wedding.

[Jimmyzr1 36]

1 minute ago, Jorgedig said:

Sounds like something they will have to define in a memorandum sometime in the near future.  With the Utah option being so new, and many people in the OP's situation with Covid/Travel, there could eventually be legally married couples who have not seen each other for years since before the wedding.

Also, many couples with online marriages now have never even met in person before and are just marrying to get over to the Philippines now to be with their girl. Which is really crazy, IMO.

[Dashinka 24,635]

19 minutes ago, Mike E said:

Re CR1  vs IR1: A fascinating question is when does the two year clock start after an Internet wedding.  On wedding day or on meeting day?

I expect it would be the date on the marriage certificate.

[Boiler 45,731]

Date of marriage certificate 

[Unlockable 7,315]

46 minutes ago, Jimmyzr1 said:

Also, many couples with online marriages now have never even met in person before and are just marrying to get over to the Philippines now to be with their girl. Which is really crazy, IMO.

Yes, but that is due to the Philippines not lifting travel restrictions. The country has been very strict on returning to normal visitation for foreigners. To get around this, some couples choose to just get married online first. This qualifies the foreign spouse to enter the PHILs. 
 

I agree that it is an interesting way of doing things but at least it gives some people an option.