A few questions (K1 VISA)

[Chancy 6,241]

1 hour ago, Timothy V said:

A very practical approach.

 

You might want to follow this thread about another couple planning to go through the CR1 process after having a Utah online wedding.  Beneficiary is also a Filipina.

 

 

[TBoneTX 45,284]

54 minutes ago, Timothy V said:

I looked at USCIS website and its listing similar wait to times to the K1 visa process. My question is the fact that I will only be able to visit my wife sporadically going to count against me? Will they view this as "not a real marriage." The logistical factors prevent me living in the Philippines and or staying very long when I visit. So i would hate to marry her then get denied based on the above listed reasons (logistics, $$$ ect). 

Remember, too, the not-just-USCIS-alone factors.  You've communicated for 6 months, and visited once for 3 weeks.  Is this enough mutual knowledge and bonding to ensure persistence through a grueling immigration process and homesickness after she's here, let alone a lifetime marriage?  Homesickness/culture shock seems to hit many Filipinas extremely hard.

 

"Marry in haste, repent in leisure."

 

How old are you, and how old is she?

[Timothy V 2]

1 minute ago, TBoneTX said:

Remember, too, the not-just-USCIS-alone factors.  You've communicated for 6 months, and visited once for 3 weeks.  Is this enough mutual knowledge and bonding to ensure persistence through a grueling immigration process and homesickness after she's here, let alone a lifetime marriage?  Homesickness/culture shock seems to hit many Filipinas extremely hard.

 

"Marry in haste, repent in leisure."

 

How old are you, and how old is she?

 

These are good points, truly. This entire process is a bit complex and definitely different (Not to say bad just different). 32: me 30: Her. What I want to avoid is action paralysis while at the same time choosing a good course for everyone involved. I've never studied game theory but this entire thing reminds of these processes. Dont know how nerdy you are, but im looking for that "Nash equilibrium" right now

[Boiler 45,486]

The Prisoners Dilemma, or the Marriage Dilemma.

 

Often seen on VJ, good enough to make a TV series 

[Timothy V 2]

Just now, Boiler said:

The Prisoners Dilemma, or the Marriage Dilemma.

 

Often seen on VJ, good enough to make a TV series 

Yep got to get that "Nash equilibrium" to ensure a cooperative game lol. 

 

 

[manyfudge 291]

I've never been through the i-130/K1 process but I've been on reddit and VJ plenty.

 

I like the online marriage gambit.

1) Marry online.   

2) Closest country to the U.S. that a Filipina can get to easily.  https://en.wikipedia.org/wiki/Visa_requirements_for_Philippine_citizens

Costa Rica?  That saves 3 days of travel (and childcare for you).

Consummate your marriage.  Maybe use birth control.  It's a big pain to get CRBA/US passport for children born abroad.

3) Save your texts, photos, travel receipts.   

4) File i-130.  Make sure you fill it out correctly.  Do not put down an address in the U.S. for adjusting status.  DO fill out the embassy info

under the consular processing section.

 

[JeanneAdil 6,498]

2 hours ago, Timothy V said:

 

So what I'm hearing is that her parents could die while she is here and she would be in a position where she cannot legally leave to attend a funeral? That does change the calculus a bit. I guess my hesitation to the CR1 is I wanted to marry her here as traveling over there right now is difficult (mostly again to childcare issues x won't allow a visa for the kiddo). 

if she came and married and had to return for an emergency (perhaps death in family),  without AP  she would be abandoning the AOS 

and u would need to start all over with CR1   

BTW do not send proofs to USCIS of sending money /RED FLAG/ it will appear she is using the USC for money

 

[Timothy V 2]

 

CR-1 Requirments:

 

 

1.	Documentation showing joint ownership or property; or
2.	A lease showing joint tenancy of a common residence; or
3.	Documentation showing co-mingling of financial resources; or
4.	Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5.	Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
6.	Any other relevant documentation to establish that thereis an ongoing marital union.   It sounds like based on logistics number 5 @ possibly #3 would be the only evidence i would have. I'm not sure how this is weighted trips?, communication over phone, at that point we would have met twice and communicated consistently for 9 months. Again not sure how draconian or not they are on this?  Anybody got a foggy idea

Edited May 15, 2023 by Timothy V

[Boiler 45,486]

I would think 6 is the most common especially in your situation

 

No real difference to a K1

[Redro 4,611]

27 minutes ago, Timothy V said:

 

CR-1 Requirments:

 

 

1.	Documentation showing joint ownership or property; or
2.	A lease showing joint tenancy of a common residence; or
3.	Documentation showing co-mingling of financial resources; or
4.	Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5.	Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
6.	Any other relevant documentation to establish that thereis an ongoing marital union.   It sounds like based on logistics number 5 @ possibly #3 would be the only evidence i would have. I'm not sure how this is weighted trips?, communication over phone, at that point we would have met twice and communicated consistently for 9 months. Again not sure how draconian or not they are on this?  Anybody got a foggy idea

Generally, people in your situation include the same evidence they do for the K1 except they add the marriage certificate and omit the letter stating they are free to marry. 

The CR1 and K1 (for low fraud embassies) are basically treated the same. 

Think of the CR1 as a process people go through who can get married before filing the petition for the immigration benefit vs the K1 is the process for people who cannot... 

[SalishSea 17,827]

2 hours ago, Redro said:

Generally, people in your situation include the same evidence they do for the K1 except they add the marriage certificate and omit the letter stating they are free to marry. 

The CR1 and K1 (for low fraud embassies) are basically treated the same. 

Think of the CR1 as a process people go through who can get married before filing the petition for the immigration benefit vs the K1 is the process for people who cannot... 

Totally agree.

 

OP, generally the affidavits from friends and family are pretty weak evidence.   As everyone is saying, Manila is not a high fraud consulate.   Even so, you’re better off submitting evidence of time spent together:  boarding pass, passport stamps, receipts, etc.   Some people also designate spouse as beneficiary of retirement accounts, add to credit card accounts as an authorized user, etc.  

 

Some have been able to add a nonresident spouse to employer-based health insurance, or at least provide evidence that you intend to.   

 

 

[W199 333]

5 hours ago, Timothy V said:

A very practical approach. Goes against some my romantic notions but hell this could work. 

Have you seen how long you need to stay in the Philippines to get a marriage license and get married? It seems like beyond your vacation time.

Then have you seen how long it takes to get a marriage certificate there? It will delay your CR-1 by months.

 

But the online Utah wedding will solve all that ... You could do it before you left, and have the certificate in hand when you go to consumate it and then file the CR-1 the next day. But given that you only met her 1 time, you might want to get the marriage Utah licenses ready, but wait and do the online wedding in person after you met her again, etc..

 

Then you can file taxes as married jointly. If she doesn't have a job, that will save you a lot of taxes.  

 

But jumping to a CR-1 because her father might die doesn't seem like wise decision for you given that

 - you only met her once, and only chatted for 6 months.  

 - It takes years to really know someone. Has your daughter even met her in person yet?

 - and there is a big obligations with Filipino families that you may not be ready for

 - You are gambling based on a narrow time frame when her father could die without any lab tests, ct scans or treatment trials. 

 - You will have a few or more months of flexibility on on the K-1 and when she needs to come here if things are imminent, so you are basing this situation on a hypothetical worst case scenerio, but given that is a real possibility, the emergency parole will be a gamble but a possible and realistic solution, but it will take a lot of effort to get an appointment, it won't be easy. So you can't plan on it, but it is still something to factor in.

 

Seems to me, you still quite young, take another year or two to know her, this will solve the in-law problem, and then you can do the CR-1 with an Utah wedding.

 

Or as a poor compromise, if you are  truly intending to marry her, then do the K-1, that will give you more time to know her. Then if you plan her medical exam and interview with the right timing, you will have a lot of wiggle room when she will be here.

 

It doesn't really seem you are confident enough to do the CR-1 .. And you really should not be so confident given the above, IMO

 

 

Edited May 15, 2023 by W199

[Redro 4,611]

59 minutes ago, W199 said:

It doesn't really seem you are confident enough to do the CR-1 .. And you really should not be so confident given the above, IMO

IMO. the K1 requires more confidence than the CR1.

The USC is  petitioning to bring someone to the US and support them for up to a year while they cannot drive or work. The foreign national is trusting the USC will do the right thing and complete the I-864 and they file for adjustment before the 90 day stay expires so they can remain in status. 

The K1 is not a "trial petition". If someone is not ready to marry their partner now they should not file either petition. 

[W199 333]

58 minutes ago, Redro said:

IMO. the K1 requires more confidence than the CR1.

The USC is  petitioning to bring someone to the US and support them for up to a year while they cannot drive or work. The foreign national is trusting the USC will do the right thing and complete the I-864 and they file for adjustment before the 90 day stay expires so they can remain in status. 

The K1 is not a "trial petition". If someone is not ready to marry their partner now they should not file either petition. 

Yes, it requires more confidence on the part of the beneficiary. 

 

But I'm referring to the confidence the USC has to marry a beneficiary that he only met one time and talk to for a relatively short time and probably not very familiar with the Filipino culture, scams, and so forth.

 

I am not saying to use the K-1 as a trial.  Sorry if that was not clear, its hard to express. I thought I said clearly that to do the K-1 only if he is sure that he intends and ready to marry her. In addition, I thought I clearly said that that he should wait and get to know her better then do a CR-1. I NEVER said or implied to use K-1 as a trial to see if you want to marry her or not!

 

Despite it not being a trial, being engaged and waiting to get married can be beneficial in many ways to some cases. In other cases, it is not.  It just seems like this case it might be.    Getting married to to someone overseas that you just met and then having to be seperated while their family members are dying in a culture you are not too familiar is emotionally challeging.  A K-1 provides some safety margin during the engagement period should something go sour.  It can also even strengthen your relationship while you wait. 

 

My point is that there are advantages to the K-1 that should be factored in to the decision. I have seen enough people break up during the K-1 waiting period, despite their very best intentions. Most of it was because they didn't know each very well.

 

Edited May 16, 2023 by W199

[W199 333]

4 hours ago, Redro said:

Generally, people in your situation include the same evidence they do for the K1 except they add the marriage certificate and omit the letter stating they are free to marry. 

The CR1 and K1 (for low fraud embassies) are basically treated the same. 

Think of the CR1 as a process people go through who can get married before filing the petition for the immigration benefit vs the K1 is the process for people who cannot... 

 

5 hours ago, Timothy V said:

 

CR-1 Requirments:

 

 

1.	Documentation showing joint ownership or property; or
2.	A lease showing joint tenancy of a common residence; or
3.	Documentation showing co-mingling of financial resources; or
4.	Birth certificate(s) of child(ren) born to you, the petitioner, and your spouse together; or
5.	Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship (Each affidavit must contain the full name and address, date and place of birth of the person making the affidavit, his or her relationship to the petitioner of beneficiary, if any, and complete information and details explaining how the person acquired his or her knowledge of your marriage); or
6.	Any other relevant documentation to establish that thereis an ongoing marital union.   It sounds like based on logistics number 5 @ possibly #3 would be the only evidence i would have. I'm not sure how this is weighted trips?, communication over phone, at that point we would have met twice and communicated consistently for 9 months. Again not sure how draconian or not they are on this?  Anybody got a foggy idea

There is a difference between the evidence you need to submit with USCIS vs the evidence the embassy may want to see.