Questions for the board:

[Peter Lee]

Questions for the board:
I will be expecting to marry a lady in Cebu in Aug 03.   What papers will I expect to take back with me to the US to make the spousal visa possible?   With the new processes at work what is the expected waiting period for the I believe the K3 visa.  
Is there any advantage of the fiancée visa opposed to the spousal K3 visa?  

[Mita]

... in response to Questions for the board:, posted by Peter Lee on May 14, 2003

Peter,
A big advantage of going for the fiancee visa is you can make even more sure that you are meant for each other.  A different environment can change a person.  You can always go back to the Philippines and have the big church wedding in a year or two.  Going for the K1 visa is a very practical choice in my opinion.
BUT, even if we went for the K1, I was already sure about this relationship we were getting into.  It may sound corny, but when I make decisions I always pray about it.  If it  is a real quandary, just like "I want" versus "what is best for me" - I always ask God for a sign.  He always comes through with the answer.

[Ray]

... in response to Questions for the board:, posted by Peter Lee on May 14, 2003

Before you go, obtain the following documents:

1. Certified copies (2) of your birth certificate or Naturalization Certificate
2. Certified copies (2) of complete divorce judgements for any previous marriages
3. Download or obtain from INS: INS Forms I-130, G-325A (4), I-129F, I-134, I-864
4. Passport
5. Visa if you will stay over 21 days

What to bring:

1. Passport plus several photocopies
2. Proof of citizenship: Certified copy of your birth certificate plus several photocopies. If naturalized, get original plus several copies of Naturalization Certificate.
3. Certified copy plus 1 photocopy of complete divorce judgements for any previous marriages
4. 2 sets of Form G-325A (Biographic Information)

Arrive at least 2 weeks before the wedding date, 3 weeks if possible. After arrival, obtain ‘Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage’ from U.S. embassy, then apply for marriage license at the local civil registrar or a courthouse where you will be married. You will have to wait 10 days for the license, which could mean anywhere up to 2 weeks because some local jurisdictions only count workdays, so check ahead of time. I got my license at a local courthouse and it only took 9 calendar days. If you absolutely have to get a waiver of the 10-day waiting period, your fiancée should talk to a judge at the local courthouse ahead of time to see if this can be legally arranged. You will probably be required to attend a pre-marriage seminar and possibly a population control class before you get the license.

What to bring back with you:

Help your wife complete 2 sets (8 pages) of the G-325A and date and sign them with her original signature on each page. Obtain color ¾ frontal photos of your wife (4 copies) and yourself (2 copies), I recommend you use a Florofoto Store. Also, bring back an original certified copy of your marriage certificate from the Local Civil Registrars Offfice.

If you haven’t read this yet, here’s some valuable info from the U.S. Consulate in Manila:

http://usembassy.state.gov/posts/rp1/wwwh3220.html

http://usembassy.state.gov/posts/rp1/wwwh3225.html

http://usembassy.state.gov/posts/rp1/wwwh3317.html

http://usembassy.state.gov/posts/rp1/wwwh3318.html

Expect a 4-6 month wait for the K-3 visa.

The big advantage of the fiancée visa is that it gives you more time to decide if you really want to make the commitment. If you are both certain that you are ready to go through with marriage, then there is no advantage to the fiancée visa.

I think Raquel’s advice to try for a small church wedding was a good idea. If you want to marry in the church, you will need some additional documents and need to meet further requirements. Advance planning is essential for a church wedding!

Ray

[Peter Lee]

... in response to Re: Questions for the board:, posted by Ray on May 14, 2003

Thanks Ray, I need a little more help.  
I gave her the task of getting her passport while I was away.  We went to a travel agency in Cebu City and paid 1200paso for the service.  Each week I would ask her if she got her passport yet.   She did the birth-certificate and the background check.  But then she says she needed the parent’s notarized permission to marry as she was under 21.   Then they scheduled her for a seminar.  All I wanted was for her to get her passport so it would be one step less to do later when married.  Right now I told her to wait till I get there coz I have the parents notarized permission with me here in the US as I was going to do the fiancée visa thing.  I am waiting and plan to marry there in Cebu in July or early August giving us about 8 months of courtship together..  Is there anything she can do to get a passport ahead of time while we are waiting?  I am confused about this as it seems that you need a reason to get a passport first.   Will I just have to wait till I get there and get married and have the marriage certificate in order for her to get that passport?   What else can she be doing after she is married in Cebu waiting and I am here in the US processing her K3 visa?  
One more item!  When I was in the American Conulate in the water front Hotel in Cebu couples when applying for permission to marry needed proof of intent to marry.  I still don't know what that is?  I also have not seen it mentioned her on the board yet.   Could you clue me in on what that would be?   I thought just a paper acknowledging that we intend to marry and signed by both of us was it.   But I know it was asked by couples before us.  The reason we were there was to have the Consulate notarize that we were there at a perticular time and place together for proof for the fiance visa.  
Thanks

[Ray]

... in response to Re: Re: Questions for the board:, posted by Peter Lee on May 21, 2003

Peter,

Forget about the passport for now. After you marry, she will have to get a new one with her married name, which is not a legal requirement, but highly recommended. She will have plenty of time to apply for a passport after the wedding. She will also need the NBI clearance and NSO birth and marriage certificates, which she can be working on after you come back home.

If a lady will be traveling overseas as a fiancée or spouse of a foreign national, she will need to complete the CFO (Commission on Filipinos Overseas) seminar before they will issue the passport. Either way, she still needs the seminar before she will be allowed to leave the country. It takes a half-day and can be done in Cebu or Manila. The lady who does the CFO seminar in Cebu has been known to occasionally require the parents of the girl to come in and talk with her especially if she is very young and the foreign guy is very old, That may be what she was referring to.

Proof of intent to marry? I don’t know why the consulate would ask for that. John Domingo has his own rules sometimes and does things a little differently than the Manila embassy for the “affidavit in lieu of....”. The only “intent to marry” that I know of is the letter required to be filed with the fiancée visa, which you mentioned.

Why would you go to the consulate for a notarized letter saying that you were there together? I’ve never heard of such a thing. That sounds like a waste of the notary fee, which used to be $55 US. That is not necessary for the proof of meeting.

Ray

[Peter Lee]

... in response to Re: Re: Re: Questions for the board:, posted by Ray on May 22, 2003

Well Ray you cleared that up for me real quick thanks.

I forgot about her changing her name, I was in fiancee visa mode, sorry.   I was planning at first to do the fiancee visa where she would get her passport in her name.  I see clearly now that it has to be done after the marriage.  She already has the NSO Birth certificate and then NBI Clearance.  I hope it don't expire and have to be done all over again.  

Why would you go to the consulate for a notarized letter saying that you were there together?
Well I was advised to do that for my fiance visa to show without a doubt that I was there with her together at a certain time and witnessed by the American Consulate.  That along with our picture together would be the best proof of us seeing each other within 2 years in the Philippines.  

I’ve never heard of such a thing. That sounds like a waste of the notary fee, which used to be $55 US. That is not necessary for the proof of meeting.

Well there has been chalenges in the past of bad documentations of fiance visits.  This way is fool proof where proof of meeting was concerned.  Just because you have plane tickets and hotel master charge and a picture of you together it can still be chalanged.  I was told to gear the paper work for the worst INS inspector from hell. The Consulate notary did not cost $55.   I can't remember but it was like 1500 paso.   It was interesting to see how everything was organiized.  I chatted with a lot of Pinays who were having problems processing their paperwork, I was suprised on how little they knew.

[Ray]

... in response to Re: Re: Re: Re: Questions for the board:, posted by Peter Lee on May 22, 2003

[This message has been edited by Ray]

Peter,

In reality, just proving that you were in the Philippines is usually acceptable as proof of meeting. If they will challenge anything, it will be the validity of your relationship.

The NBI clearance should be good for one year.

Ray