Where to marry, US or PH (for wife to immigrate 2US)?

Question

My gf from PH and I plan to marry in May/June '09. She wants to marry in PH then immigrate 2 US; I believe that means much longer wait to be together. Please advise if my estimates are correct:

1) Marry in PH in May, apply for I-130, I-485 and (2) G325A, she stays in PH, I go home, we wait 1yr or more for approval for her to immigrate; she will not be able to get visit visa to US during this year. We're finally together in US about June '10 (or later).

2) Apply for K1 visa (I think I have to submit I-129 or I-129F) in Jan '09, she's approved and gets K1 from US embassy in Manila around Apr/May, she comes to US on 90day visa, we get married in June/July '09, and we're together starting our married life approx. 1yr earlier. Also, can she get temp worker permit with K1, then re-apply for LPR green card once we are married? Once married, Is she eligible for LPR green card (or permit to work) once I-130 and I-485 have been submitted? In other words, how soon can she start working?

With #2, once married in US, we still have to submit I-130, I-485 and (2) G-325A, right? Will these still take 1yr to process? But she can stay in US legally while we wait, right? Would there be any need to apply for K3 after K1 expires (however, I thought K3 was for LPR petitioner, not USC)?

Anything else I need to know? I have to submit Affidavit of Support, too. Also, I must be clear with her, that if I visit PH in May, we cannot get married there and not report it when she interviews for K1 in Manila, right? We cannot take any chances to void the K1 application. All we can do is hold a non-legal ceremony with her family, to celebrate psuedo-marriage ... or just have a "wedding reception" ceremony in PH.

One last question: She's a nurse. Isn't there demand in US for nurse immigrant workers, and might she consider applying for employment LPR visa; or will this be fruitless because she will be required to re-certify her nursing credentials once in US?

Thanks for help/advice; I am trying to convince her that PH ceremony is not worth extra 1yr wait to be together.

Answer 1

Don't do it bro, she will stay with you just long enough to get the conditions removed from her green card and sponsor her whole family to come over. Then you will get kicked to the curb. Commonly referred to as an anchor marriage. There are plenty of beautiful women here in the USA, why do you need to mail-order?

If I were you I would force her to use her education as a nurse to come over here on a work visa, and let her employer sponsor her instead of you. That way you know she is with you because she really loves you, and not as a way out of her situation in the Phillipines. You can still keep that marriage card in your back pocket in case she has any issues with her work visas once she gets here. But I wouldn't sign that affadavit, that will turn out to be a big mistake. That can be enforced, like child support. You will have to support her for 10 years ireegardless of whether or not you are together.

Answer 2

I was a K-1 applicant from the Philippines and my process took 7 months from filing of petition to delivery of visa. I filed for Adjustment of Status after getting married here and my process took 3 months to get my green card. You don't need to apply for K-3 once the K-1 expires. Actually, K-1 is considered used and void once she gets here because the sole purpose of K-1 is one-time entry and to get married within 90 days. The important thing you should do is to get married within 90days upon her arrival here. The 90 days period will be the basis of how long she can stay here in the US. Some AOS process takes longer than mine.However, she can apply for Employment Authorization along with her AOS so she would be able to work while waiting for her green card. My EAD card was processed within 2 months from filing of my AOS. Processing time for K-1 or K-3 is almost the same.But if you will file for K-1 you can't get married while in process or else she will be denied the K-1 visa and the Embassy will ask you to file the K-3 or spouse visa instead. It will be like doing the process all over again.As for her nursing degree. If she has all the necessary requirements (CGFNS and NCLEX) and has already an employer here she can also take that route to get here.You just weigh which is the best route for both of you to take. Good luck.