How immigration will treat you, depends on how long you overstayed.

If you overstayed 1 – 180 days, they will probably ignore the overstay, “no harm no foul”

If you overstayed 181 to 355 days, you are banned from applying for any new visa for 3 years from the time you left the USA.

If you overstayed over a year, you are banned from applying for any new visa for 10 years from the time you left the USA.

I hope that you overstayed less than six months.

If you have taken up PERMANENT residence in the Phil. (you will need to prove it). Then you can apply directly to the US Embassy. This is called a direct consular filing.

The process for Philippines Fiancee or Spousal visas, recently is moving along nicely and I have seen couples get their visas in as fast as 5 to 8 months.

The preparation of the petition is more complicated than just completing forms at DMV for a drivers licence. In addition to filling in the forms correctly, you must also submit a lot of supporting documents, like birth certificates, divorce decrees, etc. Plus convincing proof that the relationship you have is “bone fide”. It is pretty unlikely that you would have carried all of that with you on your trip to the Phil, so probably you will have to return to the USA in order to complete the petition package.

As a matchmaker, I believe that “what is meant to be, will be”. So it is not a big deal that you will have to wait a few extra months before you submit the petition. Important is that you do a proper job the first time. This is how to bring her to the USA the fastest.

Since your husband is not living in China, he will not be asked or required EVER, to visit the US Embassy.

The process to apply for a CR-1 starts in the USA. A petition called the I-130 will be completed by your husband. When he sends this to the US government, he MUST provide many, many documents. Some are used to prove identity and citizenship. Some are used to prove that you have a real marriage.

One documentation will be for your Husband to prove he is a US Citizen. Normally he will attach a copy of his birth certificate or passport (every page).

So when he starts the application, he will (MUST) include the documents, and MAIL them in to Immigration.

No trip to China. No visit to the Embassy is needed. No birth certificate required. He has his passport. That is all the proof needed.

First Homeland Security/FBI reviews your petition. This takes from 2 to 6 months.

Then they send the case to the consulate nearest to your Fiancee. Some consulates work faster than others. If he is in Philippines the process is very fast, with interviews arranged as fast as 3 to 5 weeks after Homeland Security approves. If he is in Vietnam it may be 2 to 4 months later.

Once he attends his interview the decision to grant the visa is made “on the spot”. If granted he gets his visa in a few days usually. Sometimes the consulate officer wishes to avoid confrontation, and does not tell denied applicants they are denied, instead telling them to come back later to obtain the results.

I wish you the very best.

The way it works in applying for a spousal visa, is that you
start by sending a complete I-130 petition package, then
just as soon as you get notice that USCIS has received it
and assigned a case number, you then send them a complete
I-129F package and ask them to treat the case for a K3.

Looking at your list, I note that you will need two passport photos of each person, not one.

Also you seem to be missing her birth certificate, and her passport.

As far as anything else, since I don’t have your paperwork in front of me, I really
can’t tell what has been done correctly or not. Sorry, but there is a big difference,
between being given a list of documents you plan to send to USCIS and actually
reviewing them to see if they have been completed correctly.

I have helped a lot of people prepare these petitions, and so far I have never been
presented  with a package that did not need ample improvement.

Since you appear to have prepared the documents already, I do offer a service that
you may be interested in.  It is called Petition Review service.
You get your petition all ready, completely assembled, ready to mail
to USCIS. But instead you mail it to me, and I double check your work,
looking for problems and issues. I return it to you with questions, and
problems highlighted. You fix them, then submit to USCIS.

Or, if your documents still need much revision, cover letters, etc, etc, etc, then
you may consider ordering the FULL Spousal Visa Package. In such
a case I will take all your documents, assemble them, chase you for
missing documents, finally assemble all into the I-130 and I-129F petitions
and work with you through to getting her K3 visa.

At FianceeVisaServices.com you can see details about what
we do to help in the preparations for petitions.

Best

Fred Wahl
Matchmaker

At 06:37 AM 1/12/2009, you wrote:

From: William

Re: Latest Update Information

Dear Mr. Wahl,

I was once again so blessed to be in the Philippines with my One and Only One True-Love and Soul-Mate,  Screen Name: Cheesnee.

I arrived on Sunday December 21st, and was there until my departure on Saturday January 10th, so we were able to celebrate our first Christmas and New Year’s Day Holidays together, as well as our wedding; we were married on Friday January 8th. It was all the greatest and happiest time of all my whole entire life!!!

Of course now I’m back in the U.S. and am immediately trying to do all, and everything I possibly can to apply to, and work with the USCIS, and whoever else as necessary in order to get her over here just as soon as possible. So I  very much need and appreciate all your help and advice.

She and I have already signed and completed all the following documents, except only for the dating which will be done later – (when they are mailed/filed etc) – and I brought them back with me:

One copy of I-130, Petition for Alien Relative – complete with all the pertinent attachments…

That is: Prior Spouses, marriage/termination dates, divorce decrees/documents, info …

One copy of Additional Space Attachment Sheet with all other requested information …

One copy of my Certificate of Birth …

One copy, every page, of my Passport …

One copy, front and back, of our Marriage Certificate, including attached copies of receipts etc…

One copy of G-325A, Biographic Information for me – .

Two copies of G-325A, Biographic Informations for her, one with her maiden name, and one with her now married name, so they can choose whichever one they need etc…

One copy of G-325A, Biographic Information for her, with her maiden name – PETRONILA

One copy of G-325A, Biographic Information for her, with her now married name – PETRONILA

One Passport Style Photo of me – William

One Passport Style Photo of Her – Petronila

Of course in addition to all the above, I have literally tons of all kinds of other pertinent information for Affidavit of Support, proof-of-continued/continuing-love-and-relationship correspondence – emails, all kinds of bills and expenses, photos/pictures/video of marriage/wedding/reception etc…

So I’m sure you understand, and that you  see that I am very anxious to get everything else I need to do done just as soon as I possibly can, and that I would really like to get it all – that is the whole package mailed to them – that is – to the USCIS, EVEN THIS WEEK IF POSSIBLE!!! So I’m very anxiously awaiting, and hoping for your reply just as soon as possible.