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a new type of visa info..... wife is leaving this heaven on earth


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SkyMan

So Robert, How is this visa different from the K-1 or K2? Whichever is the regular spousal visa. Besides being married for 2 years first?

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The K1 Visa is for fiance. The K2 visa is for the children of the fiance.

 

The K3 is the spousal visa.

 

The IR-1 visa requires a marriage of 2years +, while the CR-3 is less than 2 years. These two types of visas are immigrant visas while the k3 is a non-immigrant visa. According the US gov website:

If your spouse travels to the US with a K-3 visa, he or she will still need to apply for LPR status in the United States. If your spouse travels with an IR1/CR1 visa, on the other hand, he or she will become an LPR upon admittance to the US. By filing just the I-130 for the CR1/IR1 you save the filing fee for the K3 I-129F. In addition, you avoid the time, paperwork and fees associated with adjusting status in the US from K3 to LPR.

One hassle with the IR-1 visa is that you MUST have a domicile in the US. So if you moved to the Philippines and no longer have a real address in the US the process is much more involved. You cannot just file in the Philippine while you and your wife are living here and fly to the US get a hotel and find your place to live together.

Edited by ray_joe81
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SkyMan

The K1 Visa is for fiance. The K2 visa is for the children of the fiance.

 

The K3 is the spousal visa.

 

The IR-1 visa requires a marriage of 2years +, while the CR-3 is less than 2 years. These two types of visas are immigrant visas while the k3 is a non-immigrant visa. According the US gov website:

If your spouse travels to the US with a K-3 visa, he or she will still need to apply for LPR status in the United States. If your spouse travels with an IR1/CR1 visa, on the other hand, he or she will become an LPR upon admittance to the US. By filing just the I-130 for the CR1/IR1 you save the filing fee for the K3 I-129F. In addition, you avoid the time, paperwork and fees associated with adjusting status in the US from K3 to LPR.

One hassle with the IR-1 visa is that you MUST have a domicile in the US. So if you moved to the Philippines and no longer have a real address in the US the process is much more involved. You cannot just file in the Philippine while you and your wife are living here and fly to the US get a hotel and find your place to live together.

But you could simply call ahead and rent an apartment or perhaps even an extended stay hotel would work eh? We have no intentions of moving to the US of course but You never know when plans might change, even suddenly. It sounds like this is quicker too. Any idea how much quicker? Just got my wife a B-2 visitor's visa and I thought it odd the girl interviewing (after telling her it was approved) said if she wanted to change status she should come back to Manila to do it rather than doing it in the states. It was like she was suggesting we do that which contradicts the point of the B-2.

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I would say its not obvious if a "mail box etc" or an extended stay hotel address would work for these visas. They do make it a point on the US gov website to say you MUST have a perm domicile address, so if they are checking for that it wont take much for them to know you dont actually have your own domicile. So you'd wind up having to go over to the USA to find an apartment first, while you wait for the months of time to go by as you wait for the processing.

 

I do wonder if a friend's address would work.

 

Robert51, can you comment on how much they checked your Nevada address? Did you have to provide a bill in your name, or some other proof that the address was really your place and not a friends or a mail box etc?

 

I also would like to know if you could be in the USA while doing this. I think the wife must stay in the Philippines while the process is happening. So if your wife has a b1/b2 visa and COULD be in the USA for 6 months, I believe she cannot do that as she must be in the Philippines at the time.

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Congrats Robert. Hope things go well for you and keep us informed. We will be putting our application in next month.

 

In talking to one of the people over at the city hall who we have been dealing with for our marriage and license papers, I believe I have found out part of the reason it takes so long for spousal visas. When you get your marriage certificate that is just a local copy. Before your spousal visa can be approved, the government has to receive an official 'security' copy. We were told by the official that they send ALL of them at one time once a year. So it doesn't matter if you get your copy at the local city hall, until that copy reaches manila, you won't get approved as technically the federal government does not know you are actually married :as-if: We paid the guy to expedite our papers and are supposed to have our official 'security' version in 3 weeks.

 

Please let us know how things go for you

 

 

Not sure where you got married but you have to file an "early release" with the local NSO office. I am wondering whom you bribed? Cebu City health processes the marriage certificates and with the original one you just go there and have it signed off personally, no bribes needed.

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shadow

I would say its not obvious if a "mail box etc" or an extended stay hotel address would work for these visas. They do make it a point on the US gov website to say you MUST have a perm domicile address, so if they are checking for that it wont take much for them to know you dont actually have your own domicile. So you'd wind up having to go over to the USA to find an apartment first, while you wait for the months of time to go by as you wait for the processing.

 

I do wonder if a friend's address would work.

 

Robert51, can you comment on how much they checked your Nevada address? Did you have to provide a bill in your name, or some other proof that the address was really your place and not a friends or a mail box etc?

 

I also would like to know if you could be in the USA while doing this. I think the wife must stay in the Philippines while the process is happening. So if your wife has a b1/b2 visa and COULD be in the USA for 6 months, I believe she cannot do that as she must be in the Philippines at the time.

 

 

A friend's or relative's house will work fine, anyplace you can receieve mail. When at interview, tell them you will be staying with the friend/relative until you can locate housing. They do understand that it is difficult to maintain two residences, and do cut a little slack on this part.

 

Larry in Dumaguete

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From what I know ......

The US Embassy requires Direct Consular Filing (DCF) sponsors to have permanent residency in the Philippines. The easiest way to show proof of permanent residency is by way of an 13A Visa. They understand many of its married members do not elect to obtain 13A status, but still reside in the Philippines for extended periods using some other form of Visa like a Tourist Visa or Balikbayan Visa. So if there is no 13A to prove residency, the US Embassy will still allow for US citizens to file DCF if they can prove they have established a residence in the Philippines and are living in the Philippines on a permanent bases.

If the expat is living in the Philippines and is a permanent resident, he/she is married to a Filipino and has a desire to petition their spouse to the states, they may do so by way of IR-1 INS Form I-130 Direct Consular File (DCF). To be eligible to apply for DCF IR-1, the sponsor must be married to the applicant and show that he is a permanent resident of the Philippines. When filing a DCF the sponsor must have the intent to return to the states to permanently live. Permanent does not mean forever. If there is a desire for the Filipino spouse to visit or live outside the USA certain Immigration rules must be adhere to ensure immigrants status is intact.

Catch 22: What I am about ready to mention next, some may think this is a Catch 22. The petitioner has to fill out Affidavit of Support / I-864 as part of the DCF process, and to be qualified to do this; the petitioner has to be domiciled in the U.S. Some may question how the petitioner can be a permanent resident in the Philippines and still be domiciled in the states at the same time.

 

Answered easily ... Have a stateside address. Have a place to come home to when you and your wife move to the states. The sponsor must be financial able and must have the means and capability to support the applicant .

 

If you do not have a stateside address, you still may be able to file a DCF. It all depends upon how the sponsor articulates their spouses petition. If the sponsor can show an intent to return to the states to live upon approval and if they have the means to support applicant, there should be no problems with approval. The US Embassy most likely will require the DCF sponsor to return to the states and establish a residents prior to the Visa being issued.

 

Note: If the sponsor has been married to the DCF applicant for at least two years upon entering the USA for the first time, the applicants Immigration status should be IR-1.

 

When a new immigrant enters the United States on IR-1 status they will receive a Ten Year Green Card and there is no need to go through Adjustment of Status.

 

 

What is DCF and Why Do I Care?: http://www.visajourn...custom&page=dcf

 

 

.

Edited by Turbota
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Here is a Time Line from someone else that filed a DCF / IR-1:

___________________________________________________

 

Mar 07 Window 44 US Embassy submitted I-130. Paid $185 in fees

 

Apr 25 US Embassy contacts me for additional information to substantiate validity of marriage

 

Apr 26 Additional information submitted.

 

May 17 Received letter from the US Embassy, dated May 10 stating wife's I-130 petition was approved

 

Aug 08 Received Packet 3, dated August 01

 

Aug 12 Submitted Packet 3, DS 2001 and DS 230 Part 1 to US Embassy, Manila

 

Aug 24 Called US Embassy in Manila and discovered wife's Interview date is set for Oct 25 and Saint Luke's medical examination for October 11

Sep 11 Received Packet Four Letter from the US Embassy

 

Sep 12 My wife goes through St Luke's appointment a month earlier. Fee's $90

 

Oct 25 Scheduled Interview Date. Fee's $380. The I-864 Affidavit of Support is collected during my wife's interview at the US Embassy. To prove income provided notarized copies of my proof of income per INS instructions.

 

Nov 06 IR1 Visa Received by Messenger. Per US Embassy paper work, Visa was approved on October 26

 

From beginning to end: Complete IR-1 Direct Consular File process took exactly 8 months.

 

.

Edited by Turbota
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Thanks so much Turbota for the valuable insight.

 

It does make me upset, and reminds me how un-free the USA really is, that you have to have a domicile in the USA and that you have to prove financial stability. To me, if you've been married for 2+ years (and especially so if it is actually 5+ years) and are a valid citizen of the USA, your wife should be rubber stamped through with just a simple form. Even doubly so if you've got children together and those children are already US citizens with US passports.

 

If your wife has a b1/b2 visa, and you've been married for 5+ years, and you've got children together, you should be able to fly to the states with your family and the wife gets her US passport and citizenship by just filling out a specialized passport application. The fact that it isnt so easy just gos to show how much the government sees its citizens as sheep that have to jump through hoops at their whim.

 

Even more so, I believe it would be perfectly valid that if a US citizen is residing in the Philippines and married to a Filipina for 5+ years, she should be able to get a US passport and citizenship while still living in the Philippines, similar to how their child can get a US passport and citizenship by filling out forms at the consulate in Cebu!

 

The process as it stands now is complete garbage and government red tape for no reason what so ever. Just makes me sick to think about it really. 8 months and nearly $1000 to HOPEFULLY get approved to bring your wife back to the USA??? Just ridiculous!!

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SkyMan

You really don't ever need to travel to the US to rent an apartment. Anyone can do that by internet, phone, and fax. It's an expense to have the empty apt., sure, but it beats flying there to do the same thing just so you can wait for the honey to arrive. If you want to pay someone, any real estate agent can rent an apartment for you and may even have a few in their stable already. Doesn't have to be more than a cheap 1BR/1BA (CR). And just have the agent go by once every couple weeks to pick up mail and let you know what you got. Or maybe you can have the landlord do that for you more often. It doesn't have to have a phone or utilities hooked up. Show the lease to the Embassy and you're good to go.

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SkyMan

Thanks so much Turbota for the valuable insight.

 

It does make me upset, and reminds me how un-free the USA really is, that you have to have a domicile in the USA and that you have to prove financial stability. To me, if you've been married for 2+ years (and especially so if it is actually 5+ years) and are a valid citizen of the USA, your wife should be rubber stamped through with just a simple form. Even doubly so if you've got children together and those children are already US citizens with US passports.

 

If your wife has a b1/b2 visa, and you've been married for 5+ years, and you've got children together, you should be able to fly to the states with your family and the wife gets her US passport and citizenship by just filling out a specialized passport application. The fact that it isnt so easy just gos to show how much the government sees its citizens as sheep that have to jump through hoops at their whim.

 

Even more so, I believe it would be perfectly valid that if a US citizen is residing in the Philippines and married to a Filipina for 5+ years, she should be able to get a US passport and citizenship while still living in the Philippines, similar to how their child can get a US passport and citizenship by filling out forms at the consulate in Cebu!

 

The process as it stands now is complete garbage and government red tape for no reason what so ever. Just makes me sick to think about it really. 8 months and nearly $1000 to HOPEFULLY get approved to bring your wife back to the USA??? Just ridiculous!!

I agree but I think there is a fear of providing a MAP to US citizenship and they want to intentionally keep the process ambiguous and in the dark by never providing specifics and always allowing the possibility of denial along the way. Even for someone with a better package than the previously approved applicant.

 

If, for example, they said any filipina married to an American more than 5 yeaars (or more than 5 years with a child or 2 children or whatever) gets a golden ticket to the US, then you know there would be guys out there offering there hand in marriage to the highest bidder and filipino families would go into debt to pay the guy what he wants. Then they would marry and for 5 years they might not see each other except to produce the required number of children. He would get her to the US and once she had citizenship he'd divorce her and move back to get another customer. Meanwhile she'd be petitioning for the rest of her family. Sounds far fetched but I'm sure it happens now under the current system so they don't want to make it easier.

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RogerDuMond

It does make me upset, and reminds me how un-free the USA really is, that you have to have a domicile in the USA and that you have to prove financial stability. To me, if you've been married for 2+ years (and especially so if it is actually 5+ years) and are a valid citizen of the USA, your wife should be rubber stamped through with just a simple form.

Do you want to reconsider this? How difficult do you think it would be to get a fake marriage certificate in the Philippines? The financial stability requirement is so that we don't end up with one more person needlessly on the welfare rolls.

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Do you want to reconsider this?

After careful consideration.... I still want the easier route. How do they ensure a child born out of the USA is really the child of a US citizen? That same level of documentation validation followed up by more evidence when needed is going to be good enough. It may be easy to fake a marriage certificate, but probably not easy to fake a US citizen going to a consulate and physically validating the data and providing other evidence as the consulate officer feels is necessary.

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JohnFromTexas

Some great info in this thread. I was going to go for the K3 visa but now am going to go for the other one.... i hope it takes 8 months or less as I'd really like to take my wife home to the family for christmas as they've never met and i'd love to be back home even though i get along fine here in the philippines. i'll be staying with my parents for a few weeks to a few months when i get back so i can use their address as my permanent residence there :) the lil woman will be very happy to hear about this as she really wants to go back with me in december. i have a registered lease here til the end of the year so i can prove permanent residence, although the lease is in my spouses name. i do have receipts that show i pay the rent... :)

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smokey

So Robert, How is this visa different from the K-1 or K2? Whichever is the regular spousal visa. Besides being married for 2 years first?

 

 

 

 

 

from what i see the visa numbers are automatic and she gets a 10 visa day one and a SS card when she gets there.... K1 is more paperwork and more hoops to jump thru

 

Some great info in this thread. I was going to go for the K3 visa but now am going to go for the other one.... i hope it takes 8 months or less as I'd really like to take my wife home to the family for christmas as they've never met and i'd love to be back home even though i get along fine here in the philippines. i'll be staying with my parents for a few weeks to a few months when i get back so i can use their address as my permanent residence there :) the lil woman will be very happy to hear about this as she really wants to go back with me in december. i have a registered lease here til the end of the year so i can prove permanent residence, although the lease is in my spouses name. i do have receipts that show i pay the rent... :)

 

 

 

 

in order for the husband and the wife to do this FROM the philippines we were told i had to have an acr and if not i would have to do the petition from the US

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