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Immigration and Visas => Immigration and Visas => Topic started by: Dan on February 01, 2009, 06:23:24 PM

Title: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Dan on February 01, 2009, 06:23:24 PM
Guys,

Please take a look at these pages and let me know what you think:

First is a page that describes the basic flow process for K-1/K-2 - K-3/K-4 - and CR-1/IR-1 processes. You can find it here -- http://www.planet-love.com/index.php?action=ezportal;sa=page;p=27

Anytime you see something like this -- (link) -- it means if you click on that symbol, it will take you to the referenced document, usually a USCIS form.

Next is a supplemental process to clarify the IMBRA process and impacts. You can find this one starting here -- http://www.planet-love.com/index.php?action=ezportal;sa=page;p=16 (http://www.planet-love.com/index.php?pid=27)

There is, of course, some back-and-forth between these, but to try to put it all in a single flowchart became confused and defeats the purpose of the flowchart.

I tried to hit all the important points, without getting so microscopic that it would overwhelm a reader.

All feedback is appreciated.

- Dan
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Dave H on February 01, 2009, 08:48:56 PM
Hi Dan,

That makes it much easier to understand! Nice job!

I am a visual (comic books) learning type of guy!  ::) A couple color cartoon characters pointing the way through the IMBRA maze would make it more fun and even easier for me ;D OK...bad idea!  ;D

Dave
Title: Re: US Marriage/Fiance(e) Visa Processes
Post by: Ray on February 02, 2009, 06:35:45 AM

Some comments:

Form I-134 Affidavit of Support is not submitted to USCIS but later at the visa interview.

Form I-131 Advance Parole not required for K-3/K-4 visa holders.

For CR-1, Form I-864 Affidavit of Support does not go to USCIS but is submitted later to NVC (National Visa Center).

For CR-1, NVC step should be inserted between USCIS approval and embassy interview.

For CR-1, the I-551 (Green Card stamp) is issued upon arrival in US (after airplane symbol), not at the embassy.

Technically, I think the K-3/K-4 flow should branch off from the CR-1 chart after USCIS acceptance of the I-130. Since the K-3 petition is fee-free, I would probably ass-u-me that virtually all applicants for a spouse visa would do both(?). Which visa the applicant eventually uses (K-3 or CR-1) probably depends mostly on which makes it through the system the fastest and not by any advance decision on the part of the petitioner.

For K-3 and K-1, you could also add the Form I-765 (Work Authorization) along with the I-485 AOS submittal.

I guess you could also insert an NVC step after USCIS approval for K-1 & K-3 visas, but in this case there is normally no action required by the petitioner.

I know there are a lot of variables in the process and it’s impossible to cover all cases, but these flow charts should be a big help in understanding the basics.

Ray

Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: william3rd on February 02, 2009, 07:41:19 AM
IF you would like to have your terminology absolutely correct, the visa issued at the consulate for a spouse or relative is an "IV" as in immigrant visa (that is why they have an IV section, and an NIV section), not a CR. CR is a category of LPR status that refers to the "green card" that is issued. Conditional residency for 2 years  that is subject to the 751 filing. Nothing says that a spouse has to enter under CR status; if it has been more than 2 years since the marriage to the adjudication, then MFA doesnt apply to the case and there is no conditional residency
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on February 02, 2009, 05:37:16 PM

Nothing says that a spouse has to enter under CR status; if it has been more than 2 years since the marriage to the adjudication, then MFA doesnt apply to the case and there is no conditional residency


Hi William,

Shouldn't that be 2 years or more from the date of marriage to the date of arrival at the POE??

This stuff can sure be confusing...  ::)

Ray
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Dave H on February 02, 2009, 08:47:32 PM
This stuff can sure be confusing...  ::)

Ray


Better just show me the pretty pictures!

Dave

(http://www.popular-pics.com/ppimages/funny_flowchart_problem_resolution.jpg)
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Researcher on February 03, 2009, 02:00:18 AM


           Just having gone through the process myself I'd say you're on target with everything. You might want to stay up on what is happening with IMBRA. From the time I met my wife until the embassy interview it had been implemented further. That's something that alot of guys don't realize:it is a law now. The group that was responsible for it being pushed through congress has received alot of money this year.I'm sure they won't be sitting around waiting for the governmment to tighten up on it.(IMBRA)
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: william3rd on February 03, 2009, 06:55:33 AM
Hi William,

Shouldn't that be 2 years or more from the date of marriage to the date of arrival at the POE??

This stuff can sure be confusing...  ::)

Ray


Cases that are processed here- which are the vast majority-never see a POE so date of adjudication is the appropriate term. In fact, the case is actually adjudicated at the POE upon the alien presenting for entry so you would also be correct. Adjudication is a function of the old INS, not the DOS. DOS is outside our borders.
Title: Re: US Marriage/Fiance(e) Visa Processes
Post by: Dan on February 05, 2009, 06:18:38 AM
Some comments:

Form I-134 Affidavit of Support is not submitted to USCIS but later at the visa interview.

Form I-131 Advance Parole not required for K-3/K-4 visa holders.

For CR-1, Form I-864 Affidavit of Support does not go to USCIS but is submitted later to NVC (National Visa Center).

For CR-1, NVC step should be inserted between USCIS approval and embassy interview.

For CR-1, the I-551 (Green Card stamp) is issued upon arrival in US (after airplane symbol), not at the embassy.

Technically, I think the K-3/K-4 flow should branch off from the CR-1 chart after USCIS acceptance of the I-130. Since the K-3 petition is fee-free, I would probably ass-u-me that virtually all applicants for a spouse visa would do both(?). Which visa the applicant eventually uses (K-3 or CR-1) probably depends mostly on which makes it through the system the fastest and not by any advance decision on the part of the petitioner.

For K-3 and K-1, you could also add the Form I-765 (Work Authorization) along with the I-485 AOS submittal.

I guess you could also insert an NVC step after USCIS approval for K-1 & K-3 visas, but in this case there is normally no action required by the petitioner.

I know there are a lot of variables in the process and it’s impossible to cover all cases, but these flow charts should be a big help in understanding the basics.

Ray

Ray,

>>Form I-134 Affidavit of Support is not submitted to USCIS but later at the visa interview.<<

Is that true for both K1 and K3?

>>Form I-131 Advance Parole not required for K-3/K-4 visa holders.<<

I don't think the I-131 is shown on ANY of the charts. Should it be added to K1 (or others)? And if so, where does it plug in?

Re: CR-1 comments. All incorporated.

What about the DS-230? Mandatory? Filed with the I-864 - correct?

>>For K-3 and K-1, you could also add the Form I-765 (Work Authorization) along with the I-485 AOS submittal.<<

Comment incorporated.

Please check and see if I got it right.

Thanks!

- Dan
Title: Re: US Marriage/Fiance(e) Visa Processes
Post by: Ray on February 05, 2009, 10:22:39 AM
Ray,

>>Form I-134 Affidavit of Support is not submitted to USCIS but later at the visa interview.<<

Is that true for both K1 and K3?

Yes.
>>Form I-131 Advance Parole not required for K-3/K-4 visa holders.<<

I don't think the I-131 is shown on ANY of the charts. Should it be added to K1 (or others)? And if so, where does it plug in?

It’s shown on the charts as an optional travel permit along with the I-485 submittal.
Re: CR-1 comments. All incorporated.

What about the DS-230? Mandatory? Filed with the I-864 - correct?

No, the DS-230 is submitted by the visa applicant , not the petitioner, to the foreign consulate. It is not related to the I-864. The DS-230 Part I is sometimes required for K Visa applicants by some consulates.
>>For K-3 and K-1, you could also add the Form I-765 (Work Authorization) along with the I-485 AOS submittal.<<

Comment incorporated.

Please check and see if I got it right.

Thanks!

- Dan


Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Dan on February 05, 2009, 08:22:39 PM
One more time - this time with $$ posted.

Let me know what you think.

- Dan
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on February 06, 2009, 01:32:43 AM

That looks good Dan.

For the IR-1/CR-1 Immigrant Visa process, you may want to insert the step for Removal of Conditions (I-751) with a bypass if admitted as IR-1.

I wouldn’t worry too much about annotating the steps with the required filing fee because that stuff changes all the time anyway.

Hmmm... I wonder if the CIS fees will be lowered under the Messiah’s administration? Now that would be a change that we could believe in…  ;D

Ray


Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Dan on February 06, 2009, 06:42:07 PM
That looks good Dan.

For the IR-1/CR-1 Immigrant Visa process, you may want to insert the step for Removal of Conditions (I-751) with a bypass if admitted as IR-1.

I wouldn’t worry too much about annotating the steps with the required filing fee because that stuff changes all the time anyway.

Hmmm... I wonder if the CIS fees will be lowered under the Messiah’s administration? Now that would be a change that we could believe in…  ;D

Ray

I modified the IR-1/CR-1 process a bit.

If this looks good, I will find a place to 'sticky' it.

BTW - what about those IMBRA charts? Look correct?

- Dan
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Osa on March 18, 2010, 03:52:40 PM
this could prove to be really useful to me in the coming months.   ;)
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on March 18, 2010, 04:01:42 PM
You guys make it any easier and I'll have to get married. (again!)
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on March 18, 2010, 04:06:22 PM
 Holy matrimony!! ::) :P
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Osa on May 17, 2010, 02:25:56 AM
ok. I'm a little confused now.

According to the diagram, the only things that need to be submitted at the beginning of the K1/K2 process are the I-129F and the G-325a.  it would seem other documentation, like proof of relationship stuff, doesn't get submitted until later.

But according to this article that was posted (http://www.visajourney.com/content/adjudicator-q-and-a), those things have to be submitted at the beginning.

so clarify for me: in the case of a fiancee visa, what exactly needs to be submitted as part of step 1?
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Fosgate5 on November 21, 2014, 11:36:23 PM
Question #1: Can anyone give a timeline status estimate for going the K-3 route on that flow chart?
Question #2: If one gets married abroad are they able to stay in their home country until either the notification of the interview for the change of status or can the interview be performed in their home country (Philippines) and they work in their home country until their green card arrives?
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on November 22, 2014, 03:23:51 PM
Question #1: Can anyone give a timeline status estimate for going the K-3 route on that flow chart?
Question #2: If one gets married abroad are they able to stay in their home country until either the notification of the interview for the change of status or can the interview be performed in their home country (Philippines) and they work in their home country until their green card arrives?

1. Normally, you would want to use the CR-1 instead of the K-3. If the CR-1 (I-130) petition reaches the foreign embassy first, then the K-3 is a moot point. I would go ahead and apply for the K-3 along with the I-130 just in case the I-130 gets hung up in NVC or something. Check current process times at VISAJOURNEY...


2. The foreign spouse will normally be interviewed in their home country where they were married and then must use the visa within 6 months of issue date. The green card will not be sent to the foreign spouse, but will be issued upon arrival in the U.S. in the case of a CR-1. If she enters the U.S. on a K-3, then she must go through the adjustment of status process after arrival before she gets a green card.


Ray
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Fosgate5 on November 22, 2014, 04:29:15 PM
What are some of the advantages and disadvantages of each?




Reason I ask is a woman I once worked with married a guy on a fiance visa. They got married but had some paperwork problems down the line. I don't know the details at the time as it was not my business but he wound up being deported back to South Africa without a job to go back to while she still worked on his paperwork and sent him funds.


I'm thinking for me I would go about getting married in the PH and bring her back once she technically needs to physically be here. Thought is that it keeps her working and hopefully she would be able to transition to being able to work here with much less idle time of not working. (Idle hands saying). Not only that but once here not having to deal with stress of deadlines and more stress of delays vs deadlines or face the nightmare my coworker did.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on November 23, 2014, 12:44:40 AM
What are some of the advantages and disadvantages of each?




Reason I ask is a woman I once worked with married a guy on a fiance visa. They got married but had some paperwork problems down the line. I don't know the details at the time as it was not my business but he wound up being deported back to South Africa without a job to go back to while she still worked on his paperwork and sent him funds.


I'm thinking for me I would go about getting married in the PH and bring her back once she technically needs to physically be here. Thought is that it keeps her working and hopefully she would be able to transition to being able to work here with much less idle time of not working. (Idle hands saying). Not only that but once here not having to deal with stress of deadlines and more stress of delays vs deadlines or face the nightmare my coworker did.

The K1 process isn't as complicated as it might seem. It calls for organization, attention to details and getting paperwork and payments in on time.  Especially if there's no kids or unusual complications,  I can't see a lawyer being necessary - - they can actually slow the process down.  As for 'downtime'  when you're waiting for working papers/green card, it usually isn't as bad as we tend to think. I thought about getting my fiancé a puppy,  Filipino cable TV and more for when I was away at work and she wanted none of that. She hardly even read subscriptions I got her to Reader's Digest, Ladies Home Journal,  etc. It's not likely to change heart if it's really cold weather, but if the winters  are long and hard, might be nice to plan it when the weather's a bit nicer.
Title: K1 vs K3 vs CR1
Post by: Ray on November 23, 2014, 01:19:47 PM
What are some of the advantages and disadvantages of each?

(I posted this about 3 years ago, so some of the legal details may have changed a bit)


K-1 vs K-3:

Similar processing times.

Similar immigration costs.

Similar red tape.

K-3 can travel overseas immediately after arriving in the States. K-1 will have to wait for maybe 6 months or more.

Similar wait for Green Card.

Shorter wait for honeymoon with K-3.

But when you apply for a K-3, you also apply for a CR-1, which has more advantages:

K3 vs CR1

To get a visa for your spouse, you need to submit Form I-130. After processing she will receive a CR-1 (or SR-1) immigrant visa.

The K-3 is optional but free to file. If you file for a K-3, you still file the I-130 first, then submit a Form I-129F for the K-3. After processing, she will receive a K-3 non-immigrant visa (unless the CR-1 gets processed first).

The big advantage of the K-3 was a shorter wait time before she could travel here, typically 6-9 months vs 9-12 months for the CR-1 immigrant visa. With recent changes in processing procedures, the time advantage is not always in play. Applying for a K-3 doesn’t necessarily stop the CR-1 processing. If the CR-1 is approved first, the K-3 is dead.

The visa processing overseas is almost identical for K-3 vs CR-1.

The CR-1 requires a little bit more paperwork up front but less paperwork overall.

With the CR-1, she arrives as a legal resident and her Green Card and SS card are mailed to her automatically. With the K-3, she has to (a) apply for adjustment of status after arrival or (b) wait for the I-130 processing and return home to get a CR-1 visa. Most all recipients of the K-3 choose to stay here and adjust status.

With the CR-1, since she has an interim Green Card on arrival at the airport, she can work right away as soon as she has her SS Number (2 weeks?). With a K-3, she must first apply for a work permit (60-90 days) or wait for her adjustment of status (6mos – 1 year?) before she can work.

Depending on your state of residence, it may also be faster to get a driver’s license with a CR-1.

With a CR-1, she can apply for naturalization a little before she has been here for 3 years. With the K-3, she will have to wait for her adjustment of status first, then count 3 years before applying.

If she has children coming with her, it gets a little more complicated but the advantages/disadvantages are basically the same.

If you have previously filed for numerous K-1 fiancée petitions, have a criminal background, or beat up your previous wife, you may want to go for the CR-1 so you can skip the IMBRA requirements.

Personally, all things considered, I would probably choose to skip the K-3 and wait a few more months for the CR-1 if it comes down to that.

Ray




Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Fosgate5 on November 23, 2014, 02:10:10 PM
Thanks Ray! :)
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Fosgate5 on November 26, 2014, 02:42:18 PM
WHOA! Can this be right. CB is stating 10-18 months for CR1/K3??? (And that's wit paying them $1300 to file the paperwork for you and keep things on track.  ::) ).


" (http://www.blossoms.com/loggedin.php?vars=CANfAVUWKFFYc1JQBA9YAFBZQlhCCxcDFglPElBCD3kKHFsPXAVEByMFTFIYHVMLMQgKVV1BQkoqMhNXGwEXBlxNcxNACARiAFIpC0cdU3VTUlMfAQAaRFZecylhfX4RVyUZD1kPBB4iVQEJXB1TCk0iDENdW1REViALUBsAHAVTUwJNBldKZgRWAxBaHVN1U1JTHwEAOmZlNzc4MWI5)Spousal CR1/K3 Visa Support Package $1,295
[/size]Spousal CR1/K3 Visa Support Package

If you're planning on getting married overseas, our Spousal Visa Support Package is for you.

The paperwork is filed in two stages: the CR1 petition followed by the K3 petition. This process takes approximately 10 to 18 months. You must be married before you can file for a Spousal Visa with the USCIS.

With Spousal (K3) Visa Support Package we do the following:
Prepare both your I-130 and I-129F visa petitions ready for you to attach USCIS filing fee and mail to USCIS. You are responsible for all government fees and travel expenses; they are not included in the Cherry Blossoms fee. We continue to provide guidance through the Spousal Visa maze and assist with information until the time of her Embassy interview so she has the best possible chance of visa approval.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on November 27, 2014, 12:51:23 PM

Save that $1300 and do your own paperwork...


Ray
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on November 27, 2014, 02:01:00 PM
You need a check list. Doing it yourself is not only cheaper, but probably faster too. If you have the ability to get a GED High School diploma, you probably won't have trouble. I think someone highly intelligent actually has more issues, as they tend to imagine 4 different answers for each question, writing too much into it. Even if you make a mistake, unless it's a huge one (unlikely) or a bold faced contradiction/lie, USCIS actually isn't that difficult--there's actually some humanity involved, once you get past the byzantine phone menus. W/ the phone menus, if they say "go to 'A'"--I got much better results (and was more likely to get a real live person) by going to 'C' or 'D' instead. The real life person will likely tell you (if you want an update) "I can only see what you're seeing on your monitor", but sometimes you get lucky and get more insight.

Visajourney.com is a much more realistic, with up to the minute current and FREE resource from which to get an idea of times involved. They don't want your money like CB--no vested interest in playing you out. I was pretty much into CB for a while--they even let me in for free, but it became a, shall we say 'distraction' after a while, so I let it go. They sent me their checklist for free, but it wasn't really any big help--USCIS has all that stuff, up to the minute too--beware of last minute changes in fees.  But then, as I would surmise now, CB's probably painting times and scenarios a bit longer and darker than reality indicates. It's good for business--THEIR business.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: michaelb on November 27, 2014, 02:01:50 PM
Ray is right. The government documents and their instructions are available as free downloads from the government website. CB or any attorney or other 'helper', 'facilitator' or what ever title they call themselves is still going to make YOU and the LADY gather up the supporting documents (birth certificates, divorce papers etc.) all by yourself. True, they MIGHT help you be sure that you didn't leave out a required document and/or fill out one of them incorrectly (or they might actually make their own mistakes). But guess what? If you do miss and/or mess up one, the government will catch the mistake and send you a letter telling you what you must do to correct it. If you can do a 1040 income tax and its supporting documents, you can do the immigration documents. One thing, the U.S. government requires a certified English translation of all documents in a foreign language, as well as the original document. You may actually do the translations yourself, if you are competent to do so, if you aren't, you can find a native speaker friend or perhaps a college language teacher willing to do it for you for free. Even if you have to pay a professional translation service, I doubt you will have $1300 worth of translation.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on November 27, 2014, 02:30:51 PM
Processing times also vary according to the USCIS Center you have to work with.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Wildstubby on August 18, 2018, 05:48:37 AM
Sorry that I am commenting here since the last set of comments were over 4 years ago. I may be going through this process very soon and I am trying to decipher which is the best and easiest path of 'least resistance'. Fiancé has 2 children, (actually 3 but one is an adult with a child). The boy is 17 and will attend college there in his home country. The youngest is 7 and Mom has father's signature to leave the country with her. Is it better to go the K-1 visa and marry here or am I better off getting married in fiancé's country and wait out the K-3/CR-1/IR-1 visa route? I don't see money being an issue. It is the waiting times involved and getting established in the US. Also, to throw a curve ball, son who will be attending college at the beginning of the year. He would like to join us and enter the US military. Does anyone foresee any 'road bumps' with him being admitted at the age of 19~20?
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on August 18, 2018, 07:38:08 PM
Sorry that I am commenting here since the last set of comments were over 4 years ago. I may be going through this process very soon and I am trying to decipher which is the best and easiest path of 'least resistance'. Fiancé has 2 children, (actually 3 but one is an adult with a child). The boy is 17 and will attend college there in his home country. The youngest is 7 and Mom has father's signature to leave the country with her. Is it better to go the K-1 visa and marry here or am I better off getting married in fiancé's country and wait out the K-3/CR-1/IR-1 visa route? I don't see money being an issue. It is the waiting times involved and getting established in the US. Also, to throw a curve ball, son who will be attending college at the beginning of the year. He would like to join us and enter the US military. Does anyone foresee any 'road bumps' with him being admitted at the age of 19~20?

--------------------------------------------------------------------------------

My phone's acting crazy on my vacation,  so format is weird...

But:

After age 18 isn't it a helluva a lot harder to bring a child-children of a fiance or even a woman from a foreign country who's your wife, into the USA??

I don't claim to know the details, and hope my concern's unfounded, but I would for SURE find out, BEFORE the 'child's' 18 y/o.

It may be an entirely different, difficult situation if he turns 18. I am not sure either whether or not if he even turns 18 after you've started the USCIS paperwork,  but given your situation,  time may be limited.

Hopefully it's not, but especially given the current immigration climate in the USA, definitely check. Hate to see potential hassle upset the whole apple cart, upsetting you and the kid's Mom...

Again, time may be very important here, so look into it pronto just in case...

A friend of mine made it a point to get his foreign wife's son here before he turned 18. Once he was here a year or so, the young man successfully joined the US Military.

While Trumps all about breaking the 'family chain' where parents, siblings and children are able to immigrate after a guy's foreign wife is legally here, his foreign born wife's parents were just quietly granted US citizenship.

I'd imagine your mileage may vary compared to Trump's and the sooner you start asking questions, paying money to USCIS to start what may be a long process (if it's possible) the better off you'll be.


Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Wildstubby on August 19, 2018, 06:20:50 AM
Well, the scenario changed completely on this one to the point I don't have to worry about the issue. The son said he wants to come here and enter the military and take his college courses while he is in. He seems to be in good physical shape and I said he could do it as long as there is nothing medically that precludes him from enlistment. He was going to go to school for 'international business', which seems nothing more than a syllabus designed to go to college and nothing more. I told him that if he wants to work here in the US, he should learn a craft or get a degree in engineering. Something that would be useful.
But back to the topic. Reading over the experiences, I should be able to fill out the visa forms myself. But I see a lot of questions in the headlights as the paperwork makes its way through the bureaucracy.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on August 19, 2018, 09:48:43 AM
Well, the scenario changed completely on this one to the point I don't have to worry about the issue. The son said he wants to come here and enter the military and take his college courses while he is in. He seems to be in good physical shape and I said he could do it as long as there is nothing medically that precludes him from enlistment. He was going to go to school for 'international business', which seems nothing more than a syllabus designed to go to college and nothing more. I told him that if he wants to work here in the US, he should learn a craft or get a degree in engineering. Something that would be useful.
But back to the topic. Reading over the experiences, I should be able to fill out the visa forms myself. But I see a lot of questions in the headlights as the paperwork makes its way through the bureaucracy.

Do you KNOW if after he turns 18 if that changes his ability to move here?  I'm no expert,  but being 18 and coming here to go to school, compared to moving here and being able to join the Military,  eventually become a USA citizen may bs very different situations. Different visas, conditions allowing, etc.

I'd strongly suggest you find out the particulars on age of person, familial relations and visas, so that there are no unpleasant surprises.

Besides, seems like all the Visa processes are taking a lot longer these days and it could take a lot longer than it did not so long ago-- if in fact they'll let him NJ in if he's passed age 18 by that time.

Regulations and fees change upwards fairly often and it seems the wait time/processing times always get longer.

Nothing to take casually or to rely on info posted on the internet last year. Have that akin to having a root canal fun, and try and to contact USCIS and get it right the first time.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on August 19, 2018, 01:09:31 PM
Stubbs,

A couple of points to consider...

With a fiancée or spouse visa, you can petition her unmarried children under 21. But if you want to use the spouse petition (CR-1/K-3), you should marry BEFORE the child turns 18.

Though it's possible to petition a child to follow at a later date, I would strongly recommend that any eligible children accompany the mother at the same time.

A college degree in the Philippines is generally worth MUCH less than an accredited degree from a US college. Best scenario would probably be for son to accompany her, join the US military, and then use the generous GI Bill benefits for veterans to attend college after his enlistment.

Now for the most important question: With 3 children, has she ever been legally married? If yes, the whole thing becomes either impossible or MUCH MORE complicated. If she says she has never been married, I would independently verify that by checking Philippine public records, BEFORE continuing any further.

Good luck,

Ray



Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on August 19, 2018, 06:21:50 PM
Stubbs,

A couple of points to consider...

With a fiancée or spouse visa, you can petition her unmarried children under 21. But if you want to use the spouse petition (CR-1/K-3), you should marry BEFORE the child turns 18.

Though it's possible to petition a child to follow at a later date, I would strongly recommend that any eligible children accompany the mother at the same time.

A college degree in the Philippines is generally worth MUCH less than an accredited degree from a US college. Best scenario would probably be for son to accompany her, join the US military, and then use the generous GI Bill benefits for veterans to attend college after his enlistment.

Now for the most important question: With 3 children, has she ever been legally married? If yes, the whole thing becomes either impossible or MUCH MORE complicated. If she says she has never been married, I would independently verify that by checking Philippine public records, BEFORE continuing any further.

Good luck,

Ray

A good thing indeed that Ray still stops by here once in a while.

Definitely good info--"food for thought"
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on August 19, 2018, 08:59:08 PM
I read recently that the Philippines is close to making divorce legal. However, they have been saying that for decades now, so don't hold your breath...  :)

Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Elexpatriado on August 19, 2018, 11:10:02 PM
Sorry that I am commenting here since the last set of comments were over 4 years ago. I may be going through this process very soon and I am trying to decipher which is the best and easiest path of 'least resistance'. Fiancé has 2 children, (actually 3 but one is an adult with a child). The boy is 17 and will attend college there in his home country. The youngest is 7 and Mom has father's signature to leave the country with her. Is it better to go the K-1 visa and marry here or am I better off getting married in fiancé's country and wait out the K-3/CR-1/IR-1 visa route? I don't see money being an issue. It is the waiting times involved and getting established in the US. Also, to throw a curve ball, son who will be attending college at the beginning of the year. He would like to join us and enter the US military. Does anyone foresee any 'road bumps' with him being admitted at the age of 19~20?

I warn you ahead of time Your not gonns like my advice.

54 years old and you are marrying a woman with 3 children and bringing 2 of them.over to the US with her?

Now tell.me , how much time have you spent with this woman ?.

Do you really know her?

Way Way too desperate Man

Dont waste money and time on visas.I suggest you send the money on a psycologist for a few months of therapy.

You dont say money as an issues?who will be supporting them when they come over? Have you at least lived with them.for a few months in Colombia?

This is a big thing.nothing to be taken  lighty at all.


I know I am an arsehole..yesh..pi$$ing in your cornflakes..grumpy old man.blahblah blah.yeah..but in your heart of hearts you know I am right.

Come on Man, there must  be an alternative to this scenario.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Wildstubby on August 20, 2018, 04:13:50 AM
Sorry Elex, not everyone meets 'puta de cara's like you! Life is a game of chances, you roll the dice and go with the results. Ask Robert angel what he thinks about his wife and how long he waited or knew. There is plenty of time for me to 'pull the plug' if I should see a red flag. There are other factors at work that you don't have a clue about. If I were to keep looking over my shoulder and wait for something bad to happen, I would be old, gray, lonely, and dead!
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Wildstubby on August 20, 2018, 04:22:12 AM
Ray said:
Quote
Best scenario would probably be for son to accompany her, join the US military, and then use the generous GI Bill benefits for veterans to attend college after his enlistment.

Hi Ray! Just for the record, my girlfriend is from Colombia, not the PI. Thus why elexpatriado is up in arms. When we discussed it on Sat. night, this is precisely what the son wants to do. Rather than go to a university in Colombia, just for the sake of attending, and getting a degree that is worthless. I told him he would be better off with a skillset here. Right now, he has his eyes set on 20 years in the military and retiring with a pension there and coming out and working for a company for another pension. That is the long term but it is impressive to (finally) see a young adult with his eyes on the future!
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Elexpatriado on August 20, 2018, 07:02:36 AM
Well you know my opinión.
Whatever you do the best of luck and I sincerely hope it works out for you.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: mambocowboy on August 20, 2018, 10:56:33 AM
Ray said:
Hi Ray! Just for the record, my girlfriend is from Colombia, not the PI. Thus why elexpatriado is up in arms. When we discussed it on Sat. night, this is precisely what the son wants to do. Rather than go to a university in Colombia, just for the sake of attending, and getting a degree that is worthless. I told him he would be better off with a skillset here. Right now, he has his eyes set on 20 years in the military and retiring with a pension there and coming out and working for a company for another pension. That is the long term but it is impressive to (finally) see a young adult with his eyes on the future!
The military would be great! He'd be financially independent  and won't be able to cause you any problems...
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Ray on August 20, 2018, 11:48:26 AM

Just for the record, my girlfriend is from Colombia, not the PI. Thus why elexpatriado is up in arms. When we discussed it on Sat. night, this is precisely what the son wants to do. Rather than go to a university in Colombia, just for the sake of attending, and getting a degree that is worthless. I told him he would be better off with a skillset here. Right now, he has his eyes set on 20 years in the military and retiring with a pension there and coming out and working for a company for another pension. That is the long term but it is impressive to (finally) see a young adult with his eyes on the future!

OOPS, sorry about that.

I am retired  military. I went back to college after 20 years in the Navy and completed an engineering degree, so there is life after military retirement. And retirement benefits are very valuable, like free medical including your spouse and family, and generous educational allowance.

Sounds like her boy is thinking wisely.

Ray
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Wildstubby on August 20, 2018, 07:43:47 PM
Ray said:
Quote
I am retired  military. I went back to college after 20 years in the Navy and completed an engineering degree, so there is life after military retirement. And retirement benefits are very valuable, like free medical including your spouse and family, and generous educational allowance.

Sounds like her boy is thinking wisely.
I was a former swabbie myself, (spent almost 5 years on a flattop). I got out after 6 because they were beginning to institute RIF so I felt I better get while the gettin' was good, (Good Conduct Discharge though). Anyway, the son is pretty squared away. Good head on his shoulders and knew that an 'International Business' degree was not what he had intended on. He asked me a few questions that I couldn't answer so I have to stop down at the recruiting station to see if I can get them answered for him, (been a long time since I set foot in there!).
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: robert angel on August 21, 2018, 08:58:53 AM
Ray said:I was a former swabbie myself, (spent almost 5 years on a flattop). I got out after 6 because they were beginning to institute RIF so I felt I better get while the gettin' was good, (Good Conduct Discharge though). Anyway, the son is pretty squared away. Good head on his shoulders and knew that an 'International Business' degree was not what he had intended on. He asked me a few questions that I couldn't answer so I have to stop down at the recruiting station to see if I can get them answered for him, (been a long time since I set foot in there!).

At least for now, doing twenty years in the Military from a young age seems like a smart move. Seen too many not quite make it to twenty, but I still talk it up with promising young people.
Seen guys go in, barely 18 y/o, get their college education, other specialty area training  thats marketable after discharge.

In my state and probably others, seen guys come out and teach ROTC and make 80- $90,000  a year on top of their pension, sometimes while staying in National Guard. Schools and other civil service jobs may even credit those military years towards the additional civil service pension and/or move them up the pay step scale for Military years served. My buddies love the MilitaryTricare healthcare benefit.

All in all, usually a good track for the right kind of person. Regardless of who's Commander in Chief or the mission, I respect the hell out of those who actively serve our nation.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Bigkahuna2020 on July 22, 2021, 01:53:25 PM
I have been married for two years and two months to a Colombian Woman.  I have not seen her since the day after the wedding. The marriage was in Colombia.  What do I need to do to get a Colombian Divorce if she does not agree?  The immigration paper work was never started and she does not have a Visa.  If she doesn't agree and I do nothing what can she do through the Colombian courts to sue me?  I have never registered the marriage in the US.  I live in Texas.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Calipro on July 23, 2021, 01:24:45 PM
I have been married for two years and two months to a Colombian Woman.  I have not seen her since the day after the wedding. The marriage was in Colombia.  What do I need to do to get a Colombian Divorce if she does not agree?  The immigration paper work was never started and she does not have a Visa.  If she doesn't agree and I do nothing what can she do through the Colombian courts to sue me?  I have never registered the marriage in the US.  I live in Texas.

If you own nothing in Colombia there is nothing any Colombian court can do to you.

I wouldn't even bother getting a divorce in Colombia if you have no assets there.

Just file for a divorce in the USA. Have her served internationally or put an ad in a Colombian news paper to satisfy whatever to your state requires to get a divorce and then it is just a matter of time until you are divorced.

Most states have a way of getting divorced if the wife can't be found or otherwise won't sign the divorce papers.

Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: benjio on July 23, 2021, 04:36:20 PM
I have been married for two years and two months to a Colombian Woman.  I have not seen her since the day after the wedding. The marriage was in Colombia.  What do I need to do to get a Colombian Divorce if she does not agree?  The immigration paper work was never started and she does not have a Visa.  If she doesn't agree and I do nothing what can she do through the Colombian courts to sue me?  I have never registered the marriage in the US.  I live in Texas.

WAIT….WHAAAATTTT??!!!! Sir, you gotta give us some more background here. She simply disappeared? You don’t know her family or where else she might be?
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Elexpatriado on August 09, 2021, 02:35:26 PM
I have been married for two years and two months to a Colombian Woman.  I have not seen her since the day after the wedding. The marriage was in Colombia.  What do I need to do to get a Colombian Divorce if she does not agree?  The immigration paper work was never started and she does not have a Visa.  If she doesn't agree and I do nothing what can she do through the Colombian courts to sue me?  I have never registered the marriage in the US.  I live in Texas.

This is kinda deja vu or like Bill Murrays Ground Hog Day movie.

We went through the same question a while back.

The answer is..dont bother doing anything.

Nothing will happen..no need for a "divorce"..only a piece of paper.

I was "married" to a Colombiana 10.years ago ( although in T&T , not in Colombia and was never registered in Colombia.) and it didnt work out..

I never bothered getting a "Divorce"

I have lived with another one since then and with another one  now.

The answer is , let sleeping dogs lie..do nothing..if you dont plan to.marry again (which I dont recommend) and dont have significant assets in Colombia ( which you shouldnt)you have zero, zilch, nada to worry about..
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Calipro on August 10, 2021, 10:47:22 AM
This is kinda deja vu or like Bill Murrays Ground Hog Day movie.

We went through the same question a while back.

The answer is..dont bother doing anything.

Nothing will happen..no need for a "divorce"..only a piece of paper.

I was "married" to a Colombiana 10.years ago ( although in T&T , not in Colombia and was never registered in Colombia.) and it didnt work out..

I never bothered getting a "Divorce"

I have lived with another one since then and with another one  now.

The answer is , let sleeping dogs lie..do nothing..if you dont plan to.marry again (which I dont recommend) and dont have significant assets in Colombia ( which you shouldnt)you have zero, zilch, nada to worry about..

Bad advice....what if the guys Colombian wife made it to the USA on tourist visa one day and files for a divorce...she would be legally entitled to half of his assets accumulated since the marriage.

Or maybe one day he wants to marry someone else.

Colombian marriages are valid in the USA...as are Colombian divorces....but it is usually much easier just to get a divorce in the USA which is also valid in Colombia.

The only reason to get divorced in Colombia is if you have marital assets in Colombia.

Because even though the divorce from the USA is valid in Colombia....the division of property is not enforceable in Colombia.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Elexpatriado on August 11, 2021, 08:20:58 AM
Bad advice....what if the guys Colombian wife made it to the USA on tourist visa one day and files for a divorce...she would be legally entitled to half of his assets accumulated since the marriage.

Or maybe one day he wants to marry someone else.

Colombian marriages are valid in the USA...as are Colombian divorces....but it is usually much easier just to get a divorce in the USA which is also valid in Colombia.

The only reason to get divorced in Colombia is if you have marital assets in Colombia.

Because even though the divorce from the USA is valid in Colombia....the division of property is not enforceable in Colombia.

Hahaha

To be 100% honest

Its been 10 years and I am not sweating.never lose a minute of sleep over it...btw its Canada where I have assets

No chance any lawyer is gonna take a case from a third world immigrant with a cock and bull story and third world documents

More likely she stows away on a Russian rocket and goes to the international space station

Like most people you worry to.much about infinitesimally remote possibilities.e.g..like DIAN expropriating non Colombian assets.

But with your marraige histiry..I guess you have a reason
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Elexpatriado on August 11, 2021, 08:25:48 AM
Also there are too many other issuesI wontvget into that make this scenario extremely remote in my case.

Best solution is not get married in the first place.
Title: Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
Post by: Calipro on August 16, 2021, 09:05:04 AM
Also there are too many other issuesI wontvget into that make this scenario extremely remote in my case.

Best solution is not get married in the first place.

Best not to leave loose ends.

I think it is easier for a foreigner to get into Canada then the USA.

But in the USA a woman doesn't need a dime to hire a good divorce lawyer ...if the husband has assets.

If the lawyer does an asset search and your name is attached to real property....that is all she needs to hire the lawyer.