How can I bring my Filipina fiancee back to America?

Question

I'm in a somewhat complicated situation.  I recently proposed to my now fiancee, who is a Filipina Citizen.  I'm an American obviously.  However, I am currently living and working in South Korea under an E2 Visa.  So I won't be returning to America anytime before the date in which we hope to wed.  It's to my understanding that in order to petition for a K-1 Fiancee Visa, the American citizen must petition for it on American soil.  That is not possible.  

My plan is to have her come home to America with me for a month, then she'll come with me to South Korea as i resume work here.  I do however intend on making her an American Citizen which will take up to 3 years.  

How should I go about in taking the necessary steps to make her an American Citizen and ensure that she can come to America with me once my contract of employment is up here in South Korea in October of 2011?  What Visa should she target?  Would it be more wise to get married in The Philippines or in America in this case?  We just want to make sure she can come home with me so she can meet my friends and family in America.

George L · Accepted Answer

have you looked into the possibility of marrying her now, and taking her to Korea? if you did, you could file a CR-1 petition for her at the USCIS office at the embassy in Seoul and have her interviewed by the immigrant visa section after the petition was approved and then take her with you when you returned to the US in November.

edit: Mariya is simply wrong that you must file in the US. if you are legally resident in Korea for 6 months or more, and on an E2 you are, you can file directly through the USCIS office there. considering the large military and English teacher population in Korea, people do it every day. go down and ask, if you like.

Ed · Answer

The answer of George seems best.  Due to your extended stay in Korea USCIS at the embassy
should be able to process an immigrant visa petition after your marriage.  An issue that must be considered, however, is the required affidavit of support.  Without a joint sponsor the visa may not be issued since you do not reside in the US.   This site may be helpful:  http://seoul.usembassy.gov/visas_immigrant_visas.html

egypsies · Answer

Probably you are best off if you consult with an attorney based in the US who specializes in immigration.

As for the need to be on American soil almost certainly any such "requirement" or "stipulation" would include a US consulate or embassy where you are.  Again, consult an attorney before making that decision.

Congratulations and Good Luck!

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How can I bring my Filipina fiancee back to America?

3 Answers