K1, CR1, or DCF

[DyslexicDancer 0]

I was hoping I could get some advice on how to proceed

 

A little about me

 

I'm a US Citizen living in the Philippines on a SRRV visa, so I have permanent residency here in the Philippines.

 

I've been here in the Philippines approximately 6 months, but I also have a house I own in the US so I am maintaining my Domicile in the US.

 

I've been dating a wonderful Filippina for the past 14 months (8 months online and 6 months living together here in the Philippines) and we have made the decision to get married.

 

I'm also a 100% disabled Veteran and have been having quite a few medical issues and I fear that I will need to return to the US very soon so I can be seen by the VA for these issues I've been having lately.

 

I really want to bring my fiancé with me when I go back the the US to be seen by the VA but I don't know the best way to go about this process.

 

We live together in a condo that we are renting here in the Philippines and we can get married here in the Philippines or we could wait and get married in the US.

 

I guess I'm asking which process would be the easiest/fastest for my situation.

 

From what I have read waiting to get married in the US under a K1 Visa is a faster process than getting married here in the Philippines and then filing for a CR1 Visa, so maybe the K1 Visa would be best in my situation.

 

The other option I have read about is a DCF, but I'm not sure If I would qualify for a DCF if we got married here in the Philippines. What kind of medical issues would be considered for a DCF? Would it need to be life threatening like Cancer, or would undiagnosed heart issues be qualifying? We live in Cebu, but can we can travel to Manila if a DCF is possible in our situation.

 

Any advice would be greatly appreciated.

 

Edited January 31 by DyslexicDancer
Spelling

[Boiler 45,785]

Medical emergencies – A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel.

[Crazy Cat 41,985]

7 hours ago, DyslexicDancer said:

From what I have read waiting to get married in the US under a K1 Visa is a faster process than getting married here in the Philippines and then filing for a CR1 Visa, so maybe the K1 Visa would be best in my situation.

The processing times for a K-1 and regular CR-1 are about the same.  My advice is to marry and try DCF.  If DCF fails, then go the CR-1 route.

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

K-1 
  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 6-8 months) 
  Spouse can not work until she/he receives EAD (approx 6-8 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 K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1/DCF
  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.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

 

 

 

[carmel34 3,647]

8 hours ago, DyslexicDancer said:

From what I have read waiting to get married in the US under a K1 Visa is a faster process

K-1 is about the same as CR-1, 1-2 years.  There are many advantages to CR-1, which seems the best path in your situation.  DCF may work after you get married, but you'll first need to contact the US consulate/embassy in Manila to ask and explain your exceptional circumstances.  If they say no, then regular CR-1 processing, 1-2 years from filing the I-130 petition to visa in hand.

[DyslexicDancer 0]

14 hours ago, Crazy Cat said:

The processing times for a K-1 and regular CR-1 are about the same.  My advice is to marry and try DCF.  If DCF fails, then go the CR-1 route.

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

...........
   

 

 

 

 

Thank you for the advice, I think we will go the CR-1 route

 

If I understand the process correctly, even if the DCF is denied, we can attach a cover letter to the CR-1 and request that the application be expedited. so two bites at the apple so to speak.

 

I know they may deny the request, but I'm already in contact with the Dallas VA and will be having appointments soon. I fly back to Texas the end of February so maybe they will consider this, but I'm thinking it's not going to be enough time to get the DCF before I have to fly back to DFW. Not even sure if we will have enough time to get married before I fly back for my medical appointments.

 

Now we just have to figure out the marriage process here in the Philippines.

 

Thanks again

[DyslexicDancer 0]

13 hours ago, carmel34 said:

K-1 is about the same as CR-1, 1-2 years.  There are many advantages to CR-1, which seems the best path in your situation.  DCF may work after you get married, but you'll first need to contact the US consulate/embassy in Manila to ask and explain your exceptional circumstances.  If they say no, then regular CR-1 processing, 1-2 years from filing the I-130 petition to visa in hand.

Thanks for the advice, I think you are right, the CR-1 seems like it will be the best route.

[carmel34 3,647]

10 hours ago, DyslexicDancer said:

Not even sure if we will have enough time to get married before I fly back for my medical appointments.

 

Now we just have to figure out the marriage process here in the Philippines.

Check out Utah online marriage via Zoom, it is fast to get the marriage certificate and is valid for US immigration purposes.  You will also need to include, with the I-130 petition, documentation that you have been together, in person, during or after the online wedding.

 

https://www.utahcounty.gov/dept/clerk/marriage/ceremony.html

Edited February 1 by carmel34

[Crazy Cat 41,985]

10 hours ago, DyslexicDancer said:

f I understand the process correctly, even if the DCF is denied, we can attach a cover letter to the CR-1 and request that the application be expedited. so two bites at the apple so to speak.

Yes.  However, "expedited" does not really mean fast.  It can still take several months. In addition, you have to request another expedite at the NVC/consulate level later in the process.   DCF cases are, relatively, a great deal faster.

[Crazy Cat 41,985]

10 hours ago, DyslexicDancer said:

but I'm thinking it's not going to be enough time to get the DCF before I have to fly back to DFW.

No, a DCF won't happen that fast.  There are still several items to complete such as marriage, submission of the I-130 package, medical exam, etc.  and you have that extra special Philippine exit requirement stuff. 

[SalishSea 17,987]

On 1/31/2024 at 6:56 PM, DyslexicDancer said:

Thank you for the advice, I think we will go the CR-1 route

 

If I understand the process correctly, even if the DCF is denied, we can attach a cover letter to the CR-1 and request that the application be expedited. so two bites at the apple so to speak.

 

I know they may deny the request, but I'm already in contact with the Dallas VA and will be having appointments soon. I fly back to Texas the end of February so maybe they will consider this, but I'm thinking it's not going to be enough time to get the DCF before I have to fly back to DFW. Not even sure if we will have enough time to get married before I fly back for my medical appointments.

 

Now we just have to figure out the marriage process here in the Philippines.

 

Thanks again

Correct, your fiancé will not be able to immigrate to the U.S. by the end of February.