Marrying A Filipina In The Philippines.

[ksome1]

I know she is and never was married. The father is American and still lives and works here in the Philippines and I believe the kid does have a US passport, I am not sure will have to check. As far as marrying in the US, I do not live there. I am living in the Philippines now for at least the next two years. I was thinking if she can visit, her son is here so a valid reason to return and we can get married on a trip to the US? She has her own bank account and job. When she had her child she hired an attorney and the father did sign the birth cirt. And the father does play an active role in the childs life.

[robert k]

I don't know that a child would be enough. Filipinos regularly leave their kids with a family member and work overseas for 3 or more years, if they can. I think owning a business and property would mean more.

[Hey Steve]

When you file for your marriage certificate in the US at the records for deeds office she has to show her passport. If her passport shows a K-1 visa attached, they will put it through. If it shows a tourist visa, I don't believe it will be allowed. That's where you will find the sticking point-assuming she gets an approval to travel to the US.

[davewe]

Hello forum members i am visiting my wife right now. They have fianlly finished our paperwork but want her to bring a copy of my last three years tax returns. it seems they are doing an audit on me , even IRS accepts my forms. I have made the same amount for the last 3 years $197,000. I thought making good money would make it easier but i think its made it worse. We applied for the marraige visa. our marraige  was November 29,2012 in Manila. I filed all the needed paperwork and our filing date was logged as December 7,2012. So we have been waiting for her interview for 20 months now. Much better go finace visa and get married in the US much faster.

I dont know how you are going to get the kid over , it sounds like you are facing a huge obstacle. Get your NBI check first to see if she is divorced, if not that takes forever and about $5,000. If she is married she can not go to the US with you for any reason , it will not be approved. Better to marry her in US and then submit forms to bring child once you have an official adoption.     later Poker Mike

You have to supply back tax returns and verification of employment to get a visa whether it is the K-1 fiancé visa or CR-1 Spousal visa.

 

As to the OP's question. It used to take a lot longer to get the CR-1 than the K-1 visa for reasons that can be debated. Today the time difference is pretty small. So if your concern is just the ability to get a visa - the K-1 has an advantage, but a small advantage. OTOH, the paperwork, the ease with which you can make a mistake in the paperwork (or the USCIS makes a mistake) means that you can get that visa pretty quickly or it can drag on for a long time. Took us 7 months but I know many people for whom it took over a year.

 

One advantage of the CR-1 (spousal visa) is that it includes the expense of the Adjustment of Status (green card) which costs over $1000 for K-1 holders. But I am not sure if this is of interest to you, since I don't know whether having your wife be a permanent US resident is of interest to you.

 

As others have mentioned the tourist visa is very rarely given. I wouldn't even try that route.

 

Hope this info helps. Good luck.

Edited August 25, 2014 by davewe

[jon1]

She needs to have property, a job, some money in the bank. If not employed she will need to be enrolled in college or something similar (with documentation showing as such). A letter of invitation from you would be helpful and she needs to be adamant in the interview that she does not want to live in the US, just visit to meet your family and friends or tour. If she has all of the above she will have an 80% chance of getting the Tourist visa (which is good for 10 years and multiple entries). If asked about her getting married to you and you petitioning for her to become a US Citizen, she should say that you are focused on living in the Philippines and are currently working there (make a note of that in your invitation letter). My wife had all of the above and was approved for her B1/B2 Tourist visa the first try. http://www.philippines-expats.com/topic/19601-united-states-tourist-visa-for-spouse/

 

Bringing her to the US on a B1/B2 Tourist visa will not work for getting married in the US. The K-1 Fiance' visa would be the best route if your intentions is to return to the US with her to reside. 

[earthdome]

Keep in mind that, while you can file for a K-1, whereas you fill out the I-129, etc and mail that paperwork to a contact in the US to file on US soil (required by the USCIS), once she is approved to travel to the US on a K-1 and you go back to the US, you need to stay there because you then have to file right away for a temp green card. She cannot leave the US at that point for any extended period of time to go back to the Philippines. She would also at that point have a problem getting a tourist visa down the road if she did happen to go back.

 

If you have lived in the Philippines for at least six months you don't have to file with USCIS in the US to get a fiancee (K-1) or spouse (IR-1/CR-1) visa. Filing in the US can take over a year to process. If you have lived in the Philippines over 6 months you can do what is called Direct Consular Filing (DCF) at the US Embassy in Manila. The process if very streamlined when you do that and only takes 2-3 months from the time you file the petition with USCIS at the Embassy until you get the visa. I just filed last week. In addition to the normal things you have to do you have to provide proof that you have lived in the Philippines for at least 6 months or they will tell you to file at a US office.

[ksome1]

Thank you for the good info. I am not sure what to at the moment. The father of her son is American and live here as an expat. He is on the birth cirt and I think the kid has a US visa. I will review all paperwork this weekend. She would like to stay here in the Philippines because the father does take an active role in the child's life which is great. And the father does support the child voluntarily which is also great, so the concern of her wanting someone to support her kid or her wanting a green card is not the case. I am raising my own 7 year old child on my own here and they seem to get along great. I don't have to get married but I would at some point like to be able to travel back and forth to the US. As far as her returning back to the Philippines, is her 3 year old son a good enough reason for the travel visa? He will be here if we travel. I was looking at maybe Bali or Hong Kong as other options if I was to Marry her. I am not opposed to getting married in the Philippines, just so corrupt here. Confused.   It sounds like even if I marry her it will be an uphill battle to have flexibility to travel. She has always worked here but the last three years since she has had her son she has been modeling. She is currently a contestant for Miss Philippines. And is on tour for the next several months. She has some money in her account, however as you know the wages are very low here, and I don't think she has enough to impress anyone. But she does have custody of her son legally and I think it would be an issue if she wanted to move because the father legally has the right to see him on weekends, but at this point we are talking about moving just visiting. And yes I confirmed she is not and never was married but will do the check anyway.

[Lost]

...once she is approved to travel to the US on a K-1 and you go back to the US, you need to stay there because you then have to file right away for a temp green card. She cannot leave the US at that point for any extended period of time to go back to the Philippines.

 

Can anyone confirm this? I was considering getting my gf a k1, going to the US for a month or two to get married, then returning here. Is this not possible? Thanks. 

[Hey Steve]

 

...once she is approved to travel to the US on a K-1 and you go back to the US, you need to stay there because you then have to file right away for a temp green card. She cannot leave the US at that point for any extended period of time to go back to the Philippines.

 

Can anyone confirm this? I was considering getting my gf a k1, going to the US for a month or two to get married, then returning here. Is this not possible? Thanks. 

 

My post was assuming your fiancee was going to follow the normal procedures set forth for a K-1. But from what I understand in this case...sure ..she can go back after getting married. When she goes for her interview at the Embassy, they are going to assume she will not do this though, so if she admits this will be your plans, she likely would not get a K-1. That's up to how you want to handle that, though. I hope it works out.

[ksome1]

Hey Steve, I got more info from my Girlfriend. I read her court documents and She is not and never was married, however what I found interesting is she did have an attorney when her son was born and her son is actually a US citizen. The dad did the paperwork when he was born and he did take the fathers last name. It was ordered that she have primary care of the child and the holder of his America passport and the father has him on the weekends.

I wonder if this would make a difference in getting a travel visa or even a fiancé visa for her? she has reason not to stay in the US since her son is in the Philippines?