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Spousal or Fiance visa for USA?


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senseless

GF is pregnant, no way I'm going to raise a kid here. So we're going to the US.

 

Not married yet, but been together for 6 years. Should I go for a fiance visa and marry there? or get married here and go for a spousal visa?

 

I've heard some people say it's easier to get a fiance visa than a spousal visa for going to the US. Does anyone have any recommendations from experience?

 

From what I understand you get the fiance visa (K-1), then you're required to get married 90 days after landing on US soil. Then what? The website says you then apply for permanent resident status. Is it possible the permanent resident status could be denied after the K1 and getting married? Would she need to apply for an immigrant visa after permanent resident status?

 

The spousal visa, I would just get married here and apply for an IR-1?

 

I'm just worried we're going to get denied. I meet all the requirements for affidavit of support easy. I just know how fecked up the US govt is and immigration laws, so I'm just concerned about doing everything 100% the first time.

 

How exactly does one become a citizen after receiving an immigrant visa? Wait 4 years and then go through naturalization?

 

Would a call from a congressman or senator expedite the process? I was thinking I could donate 5K to a few local politicians and then ask for a "favor".

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There is no "one visa" that is better for everyone. Some will prefer to use the K1, others will prefer to marry first and enter on a spousal visa. Both have advantages, and disadvantages, and processe

There is no question about. Get married here. The difference is lots of money and wait times vs the fiance visa. If I had it to do over again, I would do the spouse visa everytime. I am still pissed t

IMO ... get married here and file (CR1/IR1) for advantages already mentioned by other posters. I married here and filed a CR1 at Embassy in Manila. While waiting in line, I talked to some Americans an

Supposedly a fiance visa K1 is slightly faster than a spousal visa (CR1). I'm doing a K1 because I'm here in the states. If I were there, I would do a CR1 because that supposedly includes some of the green card paperwork in the process. It also depends on whether you want to get married in the PI or in the states as well.

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senseless

It also depends on whether you want to get married in the PI or in the states as well.

 

I don't care, I just want to get her out of here before she's unable to fly.

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looks like a spousal visa for you

cause it would take 6-7 months to get a k-1

there are some interesting stories to read on visa journey.

 

contact shawdow...no need for bribes....you nuts?

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senseless

contact shawdow...no need for bribes....you nuts?

 

Shawdow? It's not a bribe. It's freedom of speech.

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The Mason

Not married yet, but been together for 6 years. Should I go for a fiance visa and marry there? or get married here and go for a spousal visa?

 

I've heard some people say it's easier to get a fiance visa than a spousal visa for going to the US. Does anyone have any recommendations from experience?

 

I don't thin one is any easier to get then the other. The only difference is, if you're married all you need to do is prove identity and that you're married. There's not as much 'proof of relationship' required. Processing times are about the same either way.

 

From what I understand you get the fiance visa (K-1), then you're required to get married 90 days after landing on US soil. Then what? The website says you then apply for permanent resident status. Is it possible the permanent resident status could be denied after the K1 and getting married? Would she need to apply for an immigrant visa after permanent resident status?

 

Its possible to have PR status denied, but its not likely. The only cases I've read about invovled criminal convictions or fraudulent marriages. You do need to prove you were living as husband and wife after marrying. Once she has permanent resident status, that is her green card. It is good for 10 years before you need to renew it. She can travel freely once she has the green card provided she doesn't leave the country for extended periods of time. If she travels so much that US immigration officers deem she has given up her residency in the US, she could be denied re-entry to the US. Its pretty rare, but can happen.

 

The spousal visa, I would just get married here and apply for an IR-1?

 

If you are married less than 2 years when the visa is granted, you'll get a CR-1 not an IR-1. With a CR-1, you need to apply to remove conditions while in the US. Removing conditions is pretty much a given for approval except in cases of visa fraud or criminal convictions.

 

I'm just worried we're going to get denied. I meet all the requirements for affidavit of support easy. I just know how fecked up the US govt is and immigration laws, so I'm just concerned about doing everything 100% the first time. How exactly does one become a citizen after receiving an immigrant visa? Wait 4 years and then go through naturalization?

 

You might want to look at a co-sponsor anyway. I met the requirements very easily as well and they still required a co-sponsor.

 

Your spouse only needs to wait 3 years before applying for citizenship provided they don't leave the country in that time. If they leave the country, they might need wait 5 years to apply.

 

 

 

 

Would a call from a congressman or senator expedite the process? I was thinking I could donate 5K to a few local politicians and then ask for a "favor".

 

Save your money. Unless you're in the service or have a human rights issue, you won't get bumped up the list. At best your Congressman could request a rehearing or an appeal if you were denied.

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HeyMike

I married my wife in 2004 and brought her to the US on a k-3 visa. I also had a co-sponsor when I petioned her.

 

We got married in Cebu City and used an agency for the paperwork and counselling. Using an agency was very expensive and if I had it to do again, I would have did the paperwork myself. Especially with all the info online now. It took 10 months for my wife to get the k-3 visa to get to the US, and then about a year or a little more to get her green card.

 

Next time we are in the States we will look into getting her citizenship.

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smokey

The IR-1 would require you be married 2 years.. and while it takes a little longer the wife GETS her green card (10 year ) on entry with a K1 there is a stuck 3 years and another 1,000 us plus to go from temp. to perm. green card.. also IR 1 includes a SSN ..

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RedRanger

K1 is about twice as fast as getting married in PI and doing the petition

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RedRanger

K1 give her a one time 90 day entry into USA.

 

after that you file for the AOS, which gets her Work Auhorization, Travel, and issuance of 2 year conditional green card. After 2 years you can get her a 10 yr GC.

 

Just get married within 90 days and file the AOS when u get ready, I think u have a year to file AOS before USCIS starts bitching.......

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senseless

K1 is about twice as fast as getting married in PI and doing the petition

 

K1 give her a one time 90 day entry into USA.

 

after that you file for the AOS, which gets her Work Auhorization, Travel, and issuance of 2 year conditional green card. After 2 years you can get her a 10 yr GC.

 

Just get married within 90 days and file the AOS when u get ready, I think u have a year to file AOS before USCIS starts bitching.......

 

How long did you guys have to wait to get the K1? Sounds like it'd be easier to just go to the US get married there, and resident status/2 year green card?

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When we went through the K-1 process, we started in Mid-April and she had her visa in hand by Mid-September. That was on the "faster" side of things from what I had heard. Times will vary depending on work load.

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smokey

times vary because its who you see at the embassy and how far they are into the god complex... we had all our paperwork to included a signed annulment with court order and still it was not good enough first the guy wanted to see the case report the grounds for the annulment and the blow by blow court transcript... then when that was done and signed off he wanted the origonal marriage paperwork to be QUOTE... STAMPED IN LARGE LETTERS ACROSS THE FACE.... ANNULED ... GUY WAS A small dip shit who woke up and said this sucks i cant let all these people go to the us while i am stuck here so i will give then as much shit as i can... and he did we make 6 trips to manila with paperwork over 45 day period.. and if you think this guy would of been nicer if it was a K-1 instead of a IR 1 well i sure dont think so..

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shadow

There is no "one visa" that is better for everyone. Some will prefer to use the K1, others will prefer to marry first and enter on a spousal visa. Both have advantages, and disadvantages, and processes change on a regular basis. I will list them separately;

 

 

 

K1 Fiance. Processing time 5-7 months. Cost filing fee $340, Visa fee $350, medical exam, $213, adjustment of status $1070. Applicant will enter as a non immigrant, then must adjust status ($1070) after marriage to become Legal Permanent resident (Green card holder).

 

 

 

IR1/CR1 Processing time roughly 10 months. Filing fee $420, visa fee $404, Review fee $88, Medical exam $213. Applicant enters as an immigrant, green card and SS card are already processed and will arrive in the mail in 2-4 weeks after entry to the US. Also...

 

IF you have lived in the Philippines for 6 months or more and can prove it to the satisfaction of the embassy, you can file DCF (directly to the embassy) for IR1/CR1. This cuts about 6 months off the normal processing time, making the IR1/CR1 timeline 3-5 months instead of the standard 10 months it takes filing stateside.

 

 

 

She can apply for citizenship 2 years and 9 months after issuance of her first green card.

 

 

As long as your income is ok, there are no medical issues, no criminal convictions or drug abuse on the part of your girl, and all paperwork is done correctly, the chances of denial anywhere along the way are near nil with either visa. A congressman involved will not help, although some seem to think it does. You still have to go through the same process.

 

 

An issue you should be taking into account is the timeline of the delivery of the baby. If she is issued a visa and gets to the US before the baby is born, no problem. However, if the baby is born here, there will be a period of time in which it will take to get the baby's consular report of birth abroad completed and passport completed. You don't want your bride's visa to expire while waiting for the baby's paperwork to be completed. Basically, this means you have no time to spare, and no room for errors. How far along is she?

 

 

Larry in Dumaguete

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senseless

How far along is she?

 

about 3 weeks. I'm going to go back to the US in march to get the house built while we're waiting on paper work to come through. She should be due around august.

 

Does it make any difference how many co-sponsors there are? Would that speed up or slow down processing time? Was going to try to get 2 family members to cosponsor her. Do all cosponsors have to fill out the affidavit of support?

 

While she is on the green card, will we be able to come back to the PH? We have a number of animals we'd like to bring with us to the US but only want to bring 2 at a time in case one of them gets quarantined for an extended period. From what i understand the green card you get after a K-1 is conditional? We will need to make like 6 trips to the PI to get all the pets.

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