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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105668
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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A USA citizen who legally has married a filipina woman on

Customer Question

I'm Mark Moritz a USA citizen who legally has married a filipina woman on 6-6-2016 here in the Philippines. We are needing to apply for a tourist visa for my wife Delia Mercado Ragay Moritz. I am in the Philippines for the next 7 months. I will get my final verification on permanent Filipino citizenship on 9-21-2016. Hoping the permanent Filipino residence will make it easier for us to get her visa. I have the proof of the legal capacity tax records and paperwork with me here in the Philippines.
Question 1:is the I-130 the first step in establishing our relationship filed in person in Manila?
Question 2:Can we file I-129 together with the I-130?
Question 3:If I am correct in the above procedure? Are there any other requirements?
Your time and consideration in the above mentioned matters are very much appreciated.
Respectfully, *****
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Sorry about the delay. You have to check with the U.S. Embassy in Manila. Most do not accept Direct Consular Filing (DCF), but some do or they accept DCF in cases of extreme urgency or emergency. If they do, then you can file the I-130 with them to do the CR-1 process (which I recommend) or both the I-130 and I-129F to do the K-3 process (that I don't really recommend). Why the CR-1 over the K-3? Because the K-3 she just gets a visa to come to the U.S. then after she has to file an I-485 and other forms (like the I-765 for a work permit) and then wait a few months to get the work permit processed and the green card process and that would include an additional interview. The CR-1, she gets a visa to come to the U.S. but as soon as she enters the U.S., she gets a green card in the mail a few weeks later with no additional forms to file or interview. She could work immediately. Either take around the same amount of time to process, 9 months or so.

Here is a link to those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello Mark. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!