Which visa should we apply for?

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TitoDan Active member

Member since 21 January 2022

TitoDanActive member15 May 2023 09:40:29

My wife and I were Married in June of 2022, via Zoom. She and I were in my hotel room in Dumaguete with one of her daughters as witness; the other witness was my daughter in Utah, USA; the officiator was in the County Clerk's office in Provo Utah. We received our electronic Notarized Marriage License and Marriage Certificate the same day via email. The same documents on paper along with an Apostille (a sort of international notarization document) were FedExed to her a few days later. We are in the process of registering all this with the DFA and whomever else needs it. I am here until mid June and would like to have her fly to the States with me (which I doubt is possible), or follow me later. Our desire is to become 'snowbirds' in Utah lingo; spending Jan thru May here in Php; June thru Dec in Utah. I'd like some counsel on which visa to apply for. Any suggestions will be greatly appreciated. DM

Lenny Gemar Member

Member since 14 October 2022

Lenny GemarMember15 May 2023 10:00:41

It looks like you have two choices. I did this with my wife 45 years ago so my experience is rather dated.

If you are a U.S. citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

1) Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required. Learn more.

2) Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé(e), Form I-129F.

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html

Andy_1963 Contributor

Member since 22 January 2023

Andy_1963Contributor15 May 2023 10:05:19

122

@TitoDan For the Philippines your wife should make a petition for a 13a visa or if you always travel with her (and you do not want to work in the Phils) you will get the Balikbayan on entry in the Phils. Visa free for 1 year.

The US consulate in Manila has a huge backlog of visas. You can see the wait time for an interview on their web-page. My friend is waiting for the interview for 2 years now. It also does not help to call them. And when she goes to the interview she must make sure that this is a temporary visit for the summer vacation only. Not impossible but hard.

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