Help! Flummoxed by the sheer complexity

[Nathan Alden, Sr. 17]

Hi, folks. I just got back from the Philippines on a nearly one-month-long trip where I met my wonderful Filipina girlfriend in person. We got married in a Utah County ceremony, similar to many others here. Now, it's apparently time to deal with gross bureaucracy. She and I are both emotionally drained from the sheer complexity of what is to come with regards to her emigrating to the US. The unpredictable, extremely long timings combined with interdependence of various stages of the full process have our heads spinning. I have been busy reading several threads here on VisaJourney in an attempt to discover just what awaits us, even more than I had before deciding to marry her. I have so many questions to ask. I don't expect miracles, of course, but if anyone can help, we would both greatly appreciate it. I will number the specific questions I have throughout my post for easy reference in answers. Also, I'm open to a more conversational approach in private message if anyone is interested in that.

 

It's my hope that this thread can help others in the future by taking a holistic approach to the complexity of the process, rather than asking each question in an individual thread. Thank you in advance for any replies!

 

Name Change

 

I am aware of the Philippine custom of middle names. However, my bride's maiden name is her father's family name, but her father has not been in her life since she was very young. She would prefer to drop his name altogether and keep her mother's maiden name as her middle name, instead. I'd read information some time ago that the Philippine government can be ornery about changing certain parts of one's name. I've also read that despite a Philippines Supreme Court ruling, some Philippine government agencies do not allow a married woman to not use her husband's family name, implying she should immediately adopt my family name. All things being equal, my wife prefers to use my family name as soon as possible. She currently has a national ID in her maiden name but she does not yet have a passport. I've read threads here on VisaJourney that recommend getting a passport in her married name. Another complexity is that her middle name is a misspelling of her mother's maiden name. Using pseudonyms to protect her privacy, here are the names in question:

• Her mother's maiden name is Smith
• Her biological father's family name is Roberts
• My bride's current full name is Mary Smyth Roberts (as stated on her birth certificate)
• My family name is Alden
• My bride's preferred new name is Mary Smith Alden

She is about to undertake a few important steps now that we are married that probably should be done with her new name, if possible:

1. Submit information on Form I-130/I-130A/I-129F
2. Open a bank account
3. Apply for a passport
4. Begin the Report of Marriage process

Q1.1: Should we begin using her preferred new name before filing the name change with the Philippine government? Does the answer to this question differ per task?

Q1.2: Should we use her preferred new name as the "current spouse's legal name" and "beneficiary's current legal name" on Form I-130, providing her former name as an additional name?

Q1.3: Will it lead to problems if we do not follow the Philippine tradition of adopting her maiden name as her new middle name?

 

Philippine Passport

 

My bride has a passport appointment scheduled for later this month. Are there any gotchas we should be concerned about? She already has proof of identity and citizenship in the form of a national ID and a new-issuance birth certificate (she just picked this up from the PSA yesterday).

 

Q2.1: Should she use her preferred new name on the passport application? She will have to update her application if the answer is yes.

 

Philippine National ID

 

My bride's national ID currently lists her maiden name with a relationship status of Single.

 

Q3.1: Should she update her national ID to immediately reflect her preferred new name and marital status?
Q3.2: Will old information on her national ID hinder us with other stages of the process (i.e., opening a bank account, applying for a passport, etc.)?

 

Form I-130/I-130A

 

I began filling out Form I-130 electronically (USCIS supports online filing for Form I-130), as well as Form I-130A, as soon as I got back to the US. So far, this has been going smoothly. We gathered ample photo evidence of my time there, including before, during, and after the marriage ceremony. I had my mother sign an affidavit expressing her support, and my bride's mother is in the process of doing the same. My bride is also opening a Philippine bank account tomorrow with the goal of adding me as a joint account holder. We aren't sure how simple this will be, but it's likely easier than the reverse because unlike me she doesn't yet have a passport. It seems USCIS really values actual hard evidence that a new combined life is being lived (i.e., shared financials, property ownership, etc.) so I'll be submitting this as evidence.

 

Q4.1: For Form I-130 "Additional proof of marriage," is it advisable to include the photos we gathered of my time in the Philippines? I know this is important for the K-1 process but the Form I-130 instructions seem to only be concerned with "relevant documentation to establish that there is an ongoing marital union." I've read conflicting advice on VisaJourney that sometimes says to submit more evidence than necessary but other times says to submit only what they ask for.

Q4.2: For Form I-130 "Proof of legal name change," is our marriage certificate by itself enough proof, or do we also need to submit documentation resulting from her changing her name officially with the Philippine government?

Q4.3: For Form I-130A "Your Full Name," should I use my bride's preferred new name?

 

Form I-129F

 

It's bizarre to me that this form is required for us considering it's called "Petition for Alien Fiancé(e)," but that's bureaucracy. If I am understanding the instructions properly, I should wait before Form I-130 has reached NOA1 before submitting Form I-129F.

 

Q5.1: Are my conclusions correct?

 

Certificate of No Marriage (CENOMAR)

 

My bride has never been married. I've advised her to obtain this certificate as soon as possible. The Philippines is currently unaware of her marriage to me, so hopefully that doesn't cause any problems later.

 

Q6.1: Should I submit CENOMAR as evidence with Form I-130?

Q6.2: Should I submit CENOMAR as evidence with Form I-129F?

 

Report of Marriage

 

I only just discovered this morning about the seemingly onerous Report of Marriage process imposed by the Philippine government. Sadly, I was unaware of this process or its potential necessity until after I left the Philippines. The threads here on VisaJourney are confusing to read as they mostly seem to ask procedural questions rather than more general purpose questions. Sadly, it seems like the sheer volume of marriages taking place in Utah County has overwhelmed some of the governmental agencies in charge of processing these new relationships. I saw in one thread that it can take up to a year for the Report of Marriage to be fully processed, but some others were saying it's effectively four months as of now. I am of the mind that we would be wise to begin this process immediately, but I cannot return to the Philippines anytime soon to be there for in-person notarization of signatures, etc. I read here on VisaJourney that Report of Marriage is not needed for the Form I-130 process but may be needed for the NVC process.

 

Q7.1: Should we begin the Report of Marriage process immediately?

Q7.2: Should my bride hire a lawyer to help guide us through this process, or is the advice given by people here on VisaJourney reliable enough?

Q7.3: Will I need to mail original/certified copies of certain documents (e.g., an apostilled Utah County marriage license) to the Philippines?
Q7.4: Is the electronic version of the Utah County marriage license acceptable as an apostilled copy? I read in a thread that it was due to the use of a "Titan Seal," but I'd like confirmation of this. I'm not sure how the Philippine government will feel if I give them a PDF or a printed PDF instead of something issued by Utah County physically.

Q7.5: Can we split notarization between the Philippines and the US by mailing documents back and forth?

 

K-3 Visa

 

Q8.1: From what I can tell, K-3 processing times are just as long as the other related visas (K-1, CR1, IR1). Is it even worth applying for this given the insane NVC and consulate backlogs?

 

Psychology

 

I am reading that due to the insane backlogs at the NVC and Manila consulate, it is now taking upward of two years from the time Form I-130 is submitted to the time my bride can actually be with me permanently in the US. She and I are finding this very difficult to handle psychologically. We love each other, as I'm sure all of you love your spouses. We try and stay in communication every day but the time zone differences can make it difficult to find large amounts of contiguous time for each other. We are both extremely frustrated that illegal immigrants get to pour over the US border, illegally apply for asylum, and sit around enjoying welfare benefits and free housing for years waiting for their cases to be heard; meanwhile, she and I are very anxious about all the bureaucratic processes we're exposed to and the long timelines just to do things legally.

 

Q8.1: How do/did you all cope with this? What strategies can we employ to survive the next two years apart?

Q8.2: I recall reading at some point that US immigration had a mandate to reduce backlogs to at-longest six months; however, the insane backlogs and delays seem to be getting worse over time. Is there any hope for US immigration to fix itself? Is there legislation in the works to tackle this problem or is it a question of funding?

 

Other Concerns

 

Q9.1: I'm trying to get the fullest-possible picture of the complexities of the next two years. Are there other concerns I'm missing or should be aware of?

Edited June 18 by Nathan Alden, Sr.

[widude 38]

 I wish you the very best, sorry no specific advice. Yes, kinda easy to feel frustration with the process at times. 
 

  I don’t know much about the I-130/130A, but if it has a similar countdown like the 129F, I’d carefully fill it out & get it filed. 

[RufusDawes 12]

Your situation is very complex, many moving parts, only advice I have is if it was me I would hire an attorney to get me through this.  All the best sorry I can't answer your questions.

[appleblossom 2,803]

5 minutes ago, RufusDawes said:

Your situation is very complex, many moving parts, only advice I have is if it was me I would hire an attorney to get me through this.  All the best sorry I can't answer your questions.

 

Seems to be a standard spousal visa app to me, which can be done without an attorney and with the help of VJ if the OP feels happy DIY'ing. I'm not seeing anything complex about it?

Edited June 18 by appleblossom

[Nathan Alden, Sr. 17]

3 minutes ago, appleblossom said:

 

Seems to be a standard spousal visa app to me, which can be done without an attorney and with the help of VJ if the OP feels happy DIY'ing. I'm not seeing anything complex about it?

 

I agree; I wouldn't call my situation "complex" as much as the post itself is complex. I tried to roll a lot of questions into one post because of the interconnectedness of many of the questions. I think many people on VisaJourney can answer many of my questions given I've seen similar questions asked elsewhere.

 

Yes, the overall process is the standard CR1/IR1 process, and I'm already following that as you can see. I'm close to being able to submit Form I-130. I posted this in the Philippines forum because of questions that lie outside the US immigration process, like her name change.

Edited June 18 by Nathan Alden, Sr.

[EatBulaga 316]

@Nathan Alden, Sr. Since you are already married via Utah online, you can disregard the I-129F and start with the CR1/IR1 process.

https://www.visajourney.com/guides/ir1-spouse-visa/

Also keep the Philippines marriage name change separate from the USCIS petition. USCIS will recognize the Utah marriage certificate name change if listed.

 

Instead of listing all your questions in one post, my recommendation is to ask individual specific questions to the proper forum as you go thru the process. Then, link to those threads in your Profile->About Me page as your bookmark reference. You can look at our Profile to get an idea of how we did it.

[Nathan Alden, Sr. 17]

@EatBulaga I stated in my post that I've started the I-130 process, which is the CR1/IR1 process. I am already disregarding the I-129F until the I-130 reaches NOA1. As far as I am aware, I still must submit I-129F even for CR1/IR1.

 

The Utah County marriage license does not list her new married name.

[powerpuff 6,744]

1 minute ago, Nathan Alden, Sr. said:

As far as I am aware, I still must submit I-129F even for CR1/IR1.

That is incorrect.

[Nathan Alden, Sr. 17]

2 minutes ago, powerpuff said:

That is incorrect.

 

Ah, I think my misunderstanding was that the I-129F is used to apply for a K-3 visa. If I choose not to apply for a K-3--and there doesn't seem to be much point given the extremely long timelines--then there would be no need to submit I-129F.

Edited June 18 by Nathan Alden, Sr.

[powerpuff 6,744]

Just now, Nathan Alden, Sr. said:

 

Ah, I think maybe where I went wrong is the I-129F is used to apply for a K-3 visa. If I choose not to apply for a K-3--and there doesn't seem to be much point given the extremely long timelines--then there would be no need to submit I-129F.

Correct. Some choose to submit I-129f for K3 purposes while the I-130 is pending for an off chance that, since K3 visas are essentially obsolete, an immigration officer will approve an I-130 while marking the I-129f/K3 closed. This has worked for some, but also didn’t work for others. On the bright side, it’s free to apply if you have a I-130 pending so it’s really up to you.

[Nathan Alden, Sr. 17]

16 minutes ago, Nathan Alden, Sr. said:

I wouldn't call my situation "complex"

 

I should clarify that I was referring to the CR1/IR1 process, not the overall experience.

[RufusDawes 12]

18 minutes ago, appleblossom said:

 

Seems to be a standard spousal visa app to me, which can be done without an attorney and with the help of VJ if the OP feels happy DIY'ing. I'm not seeing anything complex about it?

Just the name change alone is a significant problem with no easy solution... seems like his wife has had three different names?  All it takes is one document to not match up properly at one point and the entire process comes to a halt.

 

I'm going through the I-129F myself as DIY, my Pinay has her first name misspelled on her current passport, we decided to get a new passport issued so that all the names match on all documents: BC, CENOMAR, Passport, vaccine records, police clearance reports, national ID card etc. so we could avoid any snags in the future.

[Boiler 45,733]

If you can fill in forms and read instructions a not very difficult process, definitely tedious.

 

Some people also file the K3 on the basis it may speed things up, not convinced that is the case, but either way optional.

[Nathan Alden, Sr. 17]

13 minutes ago, RufusDawes said:

seems like his wife has had three different names?

 

She has only ever had one name: Mary Smyth Roberts (using my chosen pseudonym). The other names, which I labeled as such, are her mother's or biological father's. I was trying to communicate the source for each of the names because I am aware that the Philippines is ornery with regards to changing names and cultural expectations. There literally had to be a Supreme Court case there for women without their husband's family name to be treated fairly, if I understand the situation correctly.

Edited June 18 by Nathan Alden, Sr.

[Nathan Alden, Sr. 17]

I've done additional reading regarding the name change, and it seems like anything more than a first name change is a long, drawn-out process in the Philippines that involves forced use of laywers and the Regional Trial Court. I've read the change can take anywhere from one to four months to complete. It seems to me like the most time-effective course of action is to leave her name unchanged so that it matches all of her existing and upcoming documents and then change it as part of her naturalization process in the US. Only then would the discrepancy become meaningful, and only when dealing with the Philippines (e.g., her passport would be in her old name).

Edited June 18 by Nathan Alden, Sr.