US Marriage/Fiance(e) Visa Processes (and IMBRA)

[robert angel]

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.

[michaelb]

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.

[robert angel]

Processing times also vary according to the USCIS Center you have to work with.

[Wildstubby]

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?

[robert angel]

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?

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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.

[Wildstubby]

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.

[robert angel]

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.

[Ray]

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

[robert angel]

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"

[Ray]

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... 

[Elexpatriado]

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.

[Wildstubby]

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!

[Wildstubby]

Ray said:

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!

[Elexpatriado]

Well you know my opinión.
Whatever you do the best of luck and I sincerely hope it works out for you.

[mambocowboy]

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...

[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!

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

[Wildstubby]

Ray said:

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!).

[robert angel]

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.

[Bigkahuna2020]

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.

[Calipro]

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.

[benjio]

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?

[Elexpatriado]

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..

[Calipro]

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.

[Elexpatriado]

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

[Elexpatriado]

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.