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miles-high

Want to marry a Filipina and live in the US?

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miles-high

There are basically 2 choices; marriage in the US (K1 visa – other visas possible but not contemplated herein) or in the Philippines (IR1/CR1/K3, IR1 or CR1 is a preferred category as her LPR is an automatic process; DCF for IR1/CR1 is explained in other thread in this forum).

 

The advantages I see for the K1 visa route are, inter alia:

 

1) Divorcing in the US would be as easy as marring in the US (the worst case scenario but be prepared :)) ; and
2) Your prenuptial agreement would be enforceable as to the US properties/assets, etc.

 

The above depends on the state you live in – consult your lawyer. As to the prenuptial agreement, there are other, more effective ways (again, depending on the state), e.g., will (holographic or otherwise), inter vivos transfer, trust, but you should consult your financial advisor and/or lawyer – I would be generous as long as she is faithful, however… :D

 

My petition was filed on November 10, 2014. After 129 days or 4 months and 9 days (we could have taken an earlier interview date which would have shortened the whole process by 20 days), her passport with K1 visa was delivered on March 19, 2015.

 

While the petitioner’s presence is not required for the consulate interview, I decided to accompany her since I am here in NCR at least a few days or weeks every month. As they say, the petitioner is welcome to attend the interview… Since our docs are perfect :D the screening officer only asked my name, address, then her how we met, how long ago, where to live in the US. The Consul’s interview was even shorter, my name and address then he asked her if she has been out of the Philippines and that was it – he said “your application is complete”.

 

In all, it was painless, smooth process and my experience tells me:

 

1) Submit perfect docs, no errors to be made;

2) Prepare the perfect supporting presentation (but we were never asked to show any); and
3) The petitioner should accompany the applicant (which, I think, shows the genuineness of our relationship and our intended marriage not fraudulent).

 

My last comment would be: even though the docs/forms appear to be straight forward and probably you can complete them without any help, I would strongly suggest you consult a knowledgeable immigration agent/advisor/lawyer. As I always say, two (or more) sets of eyes/brain are better than one… Even though I was a practicing lawyer in my previous life, I retained the services of one of the most prominent immigration lawyers in the US to help me (and comfort us during the long wait…). $$$  :D

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SkyMan

 

 

There are basically 2 choices; marriage in the US (K1 visa – other visas possible but not contemplated herein) or in the Philippines
The third choice being some other country.

 

Congrats!  

 

Since you're considering...

1) Divorcing in the US would be as easy as marring in the US (the worst case scenario but be prepared  :)) ; and
2) Your prenuptial agreement would be enforceable as to the US properties/assets, etc.

 

I would also suggest not filing the MC in the RP.  It has no benefit to either of you and only causes major hardship should a divorce occur and either of you decides to remarry.

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USMC-Retired

well written... Thanks

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Hamm

 

 

1) Submit perfect docs, no errors to be made; 2) Prepare the perfect supporting presentation (but we were never asked to show any); and 3) The petitioner should accompany the applicant (which, I think, shows the genuineness of our relationship and our intended marriage not fraudulent).

 

Excellent advice, especially number 3. A lot of this process requires evidence proving the relationship is genuine and serves as a fraud deterrent. A petitioner being there in person at the time of the interview probably goes a long way in backing up what you have submitted. Perfect docs are a must as well as you stated. For example, the requirement for my last 3 years of tax returns had not been updated for the current year and as a result, my wife didn't pass the initial interview. That one mistake delayed the process a couple months.

 

An immigration lawyer probably would have caught this, but for the 5K price tag I was quoted for hiring one, we managed just fine without. None of this is rocket science - just hours and hours of busy work. I remember one of her requirements was a baptismal certificate. To get that she spent a week traveling back to her home town to retrieve that. (No such thing as a phone or computer there.) Just one of many hoops. She still got her K1 in about 6 months. 

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Salty Dog

 

 

My last comment would be: even though the docs/forms appear to be straight forward and probably you can complete them without any help, I would strongly suggest you consult a knowledgeable immigration agent/advisor/lawyer. As I always say, two (or more) sets of eyes/brain are better than one… Even though I was a practicing lawyer in my previous life, I retained the services of one of the most prominent immigration lawyers in the US to help me (and comfort us during the long wait…). $$$ 

 

I read the post on LinC and did my own research online. My DCF and her final interview went without a hitch.

 

The American interviewer asked only three questions.
How did you meet.
How long have you been together.
Then he actually seemed to be directing his last question to me, "why are you returning to the USA?"
What he said next was almost comical. He grinned and said "Your documentation is great, so I can't think of anything else to ask you. Congratulations."
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ellenbrook2001

but if you marry here in the Philippines you divorced in OTHERS country    wont be accepted here for them you still married  the catch 22 the lawyers here and the judge will suck  has much money they can and delay the process for years  maybe in the end you will get an annulment but if you marry overseas you are safe please please never officially marry in the PHILIPPINES did learn the hard way.

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cebulover2000

but if you marry here in the Philippines you divorced in OTHERS country    wont be accepted here for them you still married  the catch 22 the lawyers here and the judge will suck  has much money they can and delay the process for years  maybe in the end you will get an annulment but if you marry overseas you are safe please please never officially marry in the PHILIPPINES did learn the hard way.

 

 

Actually not true, they changed that a few years ago, so Filipinas married in the RP and divorced overseas won't need the annulment BS - AS LONG as she was not the one filing for divorce.

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quit_yume

Actually not true, they changed that a few years ago, so Filipinas married in the RP and divorced overseas won't need the annulment BS - AS LONG as she was not the one filing for divorce.

 

have fun trying to get that done.  you will find that if you elect to use a lawyer to help he will expect the same pay as an annulment.   and then you have to go to a local court which may or may not agree or even understand the law and the process.  what should be a simple clerical filing can turn out to be a very time consuming and expensive process.

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Hy H

:spiteful: ........Not going to work mate if you already preparing for the divorce,,,,why get married..????......... :cool:

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miles-high

:spiteful: ........Not going to work mate if you already preparing for the divorce,,,,why get married..????......... :cool:

You ever buy an "insurance" for anything unforeseeable? ;)

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shadow

have fun trying to get that done.  you will find that if you elect to use a lawyer to help he will expect the same pay as an annulment.   and then you have to go to a local court which may or may not agree or even understand the law and the process.  what should be a simple clerical filing can turn out to be a very time consuming and expensive process.

I know of two people who have done it in the last two years. One paid P30,000 and one paid p50,000 to lawyers, plus other costs. It took both several months. So not quite as difficult and expensive as a full blown annulment, but still plenty of BS and cost anyway.

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D_D

The third choice being some other country.

 

 

 

 

So if you marry in another country, what kind of visa does you need for her in the US ? 

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Hy H

You ever buy an "insurance" for anything unforeseeable? ;)

 

Well…yes and no.  The travel insurance I bought is not going to help me much if the plane I`m in goes down is it?

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shadow

So if you marry in another country, what kind of visa does you need for her in the US ? 

Same visa (IR1, CR1).

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ellenbrook2001

Actually not true, they changed that a few years ago, so Filipinas married in the RP and divorced overseas won't need the annulment BS - AS LONG as she was not the one filing for divorce.

 

well well we both divorced overseas so why both of us still married here  did have an NSO then   both of us still married here in the PHILIPPINES now to get  annulled here pray to god they are going to suck me money has much they can it will take at least 2 years has you know the judge are so lazy they postponed to get more money  they are only mafia the fact his to remarry here that almost impossible welcome to the PHILIPPINES  they should make more easy for Foreigners to settle here but they make more complicated to get more money his all about we become an ATM machine

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