K-1 vs CR-1 Visa for Same-Sex Couple (US Citizen + Filipino)

[Dannito 1]

Hey everyone, I'm in a bit of a complicated situation and could really use some advice from those who've been through similar experiences. I've done hours of research, but the information is overwhelming, and I'm hoping for some clarity.

Our Situation:

• I'm a 34-year-old US citizen, and my boyfriend is a 25-year-old Filipino.
• We're a same-sex couple planning to get married (likely online ceremony).
• We met pre-COVID, lost touch, then reconnected when I came back to the Philippines.
• I've been living in the Philippines for a while, but we don't live together but we see each other everyday.
• We have some evidence of a genuine relationship such as texts and photos.
• I'm planning to return to the US soon end of August.

The Complications:

1. I don't have 3 years of tax returns because I was finishing schooling (as required for sponsorship).
2. I do have a job offer starting in September, paying 40k+ per year in California.

My Questions:

1. Should we go for the K-1 (Fiancé) visa or the CR-1 (Spouse) visa?
2. What advice do you have regarding documentation, especially considering our living situation?
3. How can I address the tax return issue? Will my job offer be sufficient?
4. Any specific advice for same-sex couples in this process?
5. Are there any potential red flags in our situation we should be prepared to address?

[SalishSea 17,826]

40 minutes ago, Dannito said:

Hey everyone, I'm in a bit of a complicated situation and could really use some advice from those who've been through similar experiences. I've done hours of research, but the information is overwhelming, and I'm hoping for some clarity.

Our Situation:

• I'm a 34-year-old US citizen, and my boyfriend is a 25-year-old Filipino.
• We're a same-sex couple planning to get married (likely online ceremony).
• We met pre-COVID, lost touch, then reconnected when I came back to the Philippines.
• I've been living in the Philippines for a while, but we don't live together but we see each other everyday.
• We have some evidence of a genuine relationship such as texts and photos.
• I'm planning to return to the US soon end of August.

The Complications:

1. I don't have 3 years of tax returns because I was finishing schooling (as required for sponsorship).
2. I do have a job offer starting in September, paying 40k+ per year in California.

My Questions:

1. Should we go for the K-1 (Fiancé) visa or the CR-1 (Spouse) visa?
2. What advice do you have regarding documentation, especially considering our living situation?
3. How can I address the tax return issue? Will my job offer be sufficient?
4. Any specific advice for same-sex couples in this process?
5. Are there any potential red flags in our situation we should be prepared to address?

Most around here would strongly recommend the CR-1 over the K-1, for many reasons.  @Crazy Cat has a great comparison list.

 

I don't think your age difference will be an issue at all, and since same-sex marriage is (still) legal in all 50 states, there is absolutely no issue there either.

 

So will you return to the US after starting your job?  As in next month?  By the time your partner gets an interview, you will have been working for awhile, with ample payslips to show current income.

 

DCF (direct consular processing) may also be an option since you have a job offer.  You would need to get married asap, and then get permission from the consulate to do that process.  I don't recall seeing many doing DCF through Manila, perhaps @pushbrk has insights.  

[Dannito 1]

6 minutes ago, SalishSea said:

Most around here would strongly recommend the CR-1 over the K-1, for many reasons.  @Crazy Cat has a great comparison list.

 

I don't think your age difference will be an issue at all, and since same-sex marriage is (still) legal in all 50 states, there is absolutely no issue there either.

 

So will you return to the US after starting your job?  As in next month?  By the time your partner gets an interview, you will have been working for awhile, with ample payslips to show current income.

 

DCF (direct consular processing) may also be an option since you have a job offer.  You would need to get married asap, and then get permission from the consulate to do that process.  I don't recall seeing many doing DCF through Manila, perhaps @pushbrk has insights.  

Thanks for your reply --

I will return 31 August and begin work second week of September. 
I just checked it seems as if they shut down the USCIS in Manila as of 2019 - https://ph.usembassy.gov/u-s-citizenship-and-immigration-services-uscis-manila/

I will have to apply via online. 

 

So, I will have about a year or so between from the start of my employment to the day of the interview? 

[SalishSea 17,826]

Just now, Dannito said:

Thanks for your reply --

I will return 31 August and begin work second week of September. 
I just checked it seems as if they shut down the USCIS in Manila as of 2019 - https://ph.usembassy.gov/u-s-citizenship-and-immigration-services-uscis-manila/

I will have to apply via online. 

 

So, I will have about a year or so between from the start of my employment to the day of the interview? 

Yes, they've shut down ALL international USCIS offices.  Hence the need to get permission ("exceptional circumstances), and a written job offer is a common qualifying reason.

 

You could look into the Utah online marriage as an option, since you're currently together.  I don't have enough Philippines-specific knowledge to comment on the practicality of this, but someone who does should be along shortly.

[Dannito 1]

1 minute ago, SalishSea said:

Yes, they've shut down ALL international USCIS offices.  Hence the need to get permission ("exceptional circumstances), and a written job offer is a common qualifying reason.

 

You could look into the Utah online marriage as an option, since you're currently together.  I don't have enough Philippines-specific knowledge to comment on the practicality of this, but someone who does should be along shortly.

 

Thanks so much! 
We will do this online marriage thing next week. 

[SalishSea 17,826]

2 minutes ago, Dannito said:

 

Thanks so much! 
We will do this online marriage thing next week. 

Let us know how things go!

[Ontarkie 14,221]

~~Moved to What Visa DO I Need, from IR1/CR1 P&P- the OP has not started any process yet.~~

[pushbrk 12,878]

1 hour ago, Dannito said:

 

Thanks so much! 
We will do this online marriage thing next week. 

The US, all states, and Immigration related agencies will recognize the Utah County Online marriage and consider it consummated, if you are together in the Philippines during the marriage.  The Philippine statistics authority does not recognize these marriages (same sex or not) anymore, but that's not particularly relevant, as they don't recognize same sex marriages anyway.

 

No worries about your employment until a year or so from now, and no worries then, if you are still employed.  I doubt Manila will accept DCF in this circumstance.  It's not for marriages a week ago between people who haven't even been living together.  Your job is not transferring you either. You're just voluntarily ending your stay in the Philippines to go take a new job.

[sarahjourney 5]

I think going ahead with the online marriage next week is a wise decision so you can get started on the CR-1 visa process. With your job lined up to begin in September, by the time your partner has their interview you'll have plenty of documentation to show settled employment and income to support both of you. 

[Dannito 1]

I wanted to give you all an update:

 

       I am getting married to my boyfriend in a few hours.

 

To prove the bonifide marriage requirement - We just have most recent communication and photos of us together & with friends for the last about 5 months since I have been back to the Philippines and of course, the visa stamps for 2020 and 2024 and now the marriage license.   -- I am just on a tourist visa so we don't have any bank accounts in or names or such. 

 

We haven't been able to go on vacation because he works a lot.  Anything else we could do to strengthen our case? Or am I just overthinking things? lol