Overstayed Visa And Married To A U.S. Citizen: Do I Need An I-601 Waiver?

Time! That is the short answer. The US Citizen will save time. Lets find the starting line of this topic. A US Citizen meets a filipina or filipino. They fall madly in love. Beautiful! The US Citizen will eventually come to the realization that a PLAN needs to be created. If the US Citizen wants the future spouse to immigrate to the US, plan, plan, plan. The most important part of any plan is the time element. Marrying takes time. In the US, we get a marriage license today, and can marry today. Think of the Las Vegas Marriages we always hear about, or what many call eloping. This is NOT the case abroad. Many countries require the US embassy to give foreign permission of a US Citizen to marry abroad. Lets be specific to the Philippines. In the Philippines, you need time, and time INSIDE of the Philippines. Imagine flying over 24 hours to the Philippines and having to tackle all of the following: Finally getting to hold your Fiancee/Girlfriend (Fun Item) You get to eat some more of the good Filipino Food (Fun Item) Your Fiancee (you might go too or they acquire PRIOR to your arrival) goes the PSA to get their CENOMAR, certificate of no marriage (Not Fun Item) You, the US Citizen, must go to an appointment (2 weeks advance planning needed) at the US Embassy or Consulate for something similar to the CENOMAR (Not Fun Item) Both Fiances, now you apply for the Marriage License, NOT the license yet, just the application to get the license. [Philippine law requires a ten-day waiting period from the filing of the application to the issuance of the marriage license. These ten (10) days are business days, not counting weekends or holidays.] Marriage License is finally in hand 2-3 weeks later Then, you are finally married. US Citizens usually require a minimum of 4-6 weeks IN THE PHILIPPINES, in order to tackle all of the Philippine Requirements. TIMING, lets return to that topic. Most US Citizens considering marrying in the Philippines, will plan or push off a marriage for months or 1-2 years. A 1-2 month trip abroad is a BIG commitment. Takes a lot of planning. Financially, costs a lot. - Now, to the topic at hand, Utah Virtual Marriage Option allows the US Citizen to marry almost instantly. You can marry while you are abroad in the Philippines or another country. The US Citizen can even marry while still in the US, and then fly to see their new spouse and go on a honeymoon. Timing is in the US Citizen's favor. The PLAN can be more focused on the relationship, having fun, enjoying the Philippines, versus running around to government buildings to slowly become married. Now, What is the Catch? There are 4 catches. First, for US Immigration purposes, USCIS REQUIRES after 2024/2025 the spouses to meet in person after marrying virtually and before filing the I-130. Now, if both spouses are in the Philippines during the virtual marriage, which we HIGHLY RECOMMEND, the in-person meeting is easily met. Why do we highly recommend marrying virtually while in the same country? Because it means more to the spouses, to family, and when the officiant says: You may now kiss the bride, you really want to be in person for the once-in-a-lifetime moment. Now, you can marry while separated, but before you start any I-130 filing, you MUST MUST MUST go meet in person first. Second, PLAN a renewal of vows, either back in the US or in your desired church. It is not a mandatory item, but a formality that is appreciated by friends and family. Third, REGISTER THE MARRIAGE! The process is seen here: https://www.fickeymartinezlaw.com/utah-virtual-marriage-and-the-philippines-psa-the-report-of-marriage-rom-process Fourth, consider changing the wife's name to the married name shortly after marriage. Don't wait for a few days before or after the visa interview. If the Philippine passport is updated to the married name, then the Immigration visa/Green Card will be updated to the married name. Consider reviewing our other popular Philippine Article: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The J1 Visa is an amazing cultural exchange visa for foreign professionals seeking to acquire US Experience within their profession. Many J1 professionals may find themselves SUBJECT to the INA 212(e) Special Skills List. This article will display the Subject/Field Codes that are SUBJECT for any J1 that is a Jamaican Citizen.

US Citizenship can be derived in a child from a US Citizen Father. The process of a father giving US Citizenship to a child comes in a few different ways. The main determining factor is whether the Father was married to the Mother at time of birth or not? Wedlock and Out-of-Wedlock Distinction: Whether a father is married or unmarried determines the ultimate requirements on whether a child derives US Citizenship from a Father. Unmarried/Our-of-Wedlock Requirements: More requirements exist for births that occur outside of a marriage. The US Government would require to see for births on/after 11/15/71: Child/father blood relationship established by clear and convincing evidence; Father must have been a U.S. citizen at the time of child’s birth; Father, unless deceased, must provide written statement under oath that he will provide financial support for child until s/he reaches 18; While child is under age 18, child must be legitimated under law of child’s residence or domicile, or father must acknowledge paternity in writing under oath, or paternity established by competent court. US Residence Requirement: Both parents are US citizens : One had resided in the U.S. or its outlying possessions for any period of time. One US citizen and one US national parent : Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year. One Parent is a US citizen, one parent is a noncitizen parent : had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. Married/In-Wedlock Requirements: Less requirements exist for births that occur inside of a marriage. The US Government would require to see for births on/after 11/14/1986: US Residence Requirement: Both parents are US citizens : One had resided in the U.S. or its outlying possessions for any period of time. One US citizen and one US national parent : Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year. One Parent is a US citizen, one parent is a noncitizen parent : had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. Why does marriage matter? A marriage legitimizes the birth of a child abroad. Legitimation is a legal concept that exists in the US and is a common concept that exists in foreign countries. The child tends to be the product OF THE MARRIAGE (when the parents are married to one another) versus being from random people or by people in a relationship that haven't reached the level of marriage. What Form or Forms utilize this information? Both the USCIS and DOS utilize the above information. For USCIS, it is processed in the N-600 filing and for DOS it is in the CRBA/Consular Report of Birth Abroad.  Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

As of October 13, 2025, all 100 NC Counties have been placed in the ECourts System making online access to court records and services more efficient. Integration phases: From February 13, 2023 to October 13, 2025, NC Counties were converted to an online platform. The following map can help show how portions of the state completed the conversion.

Although DACA is currently wrapped up in litigation in 2025, there always remains the possibility the the filing category may return in 2025. Here is a summary of the eligibility requirements and required documents. DACA Eligibility: To be eligible for DACA, an applicant must: Be born on or after June 16, 1981 ( be under 31 years old as of June 15, 2012 if what the law says) have continuously reside in the United States since June 15, 2007 , no leaving the US after that date have entered the United States before the age of 16 have graduated from high school in the United States or have a GED Diploma, or be in school for either have NOT been: charged, pled guilty to, been punished for, entered into deferred prosecution, been fined, or been convicted of: a felony (not an exhaustive list): murder/manslaughter robbery (with or without a dangerous weapon) assault with a Deadly Weapon rape and other sex offenses kidnapping arson felony child abuse attempted (any of the above) burglary breaking and Entering larceny embezzlement forgery perjury obstruction of justice identity theft fraud obtaining property by false pretense credit card fraud possession of a firearm certain misdemeanors, such as (examples): domestic violence female strangulation interfering with emergency communication assault (possible) battery (possible) sexual abuse or exploitation indecent liberties with a minor burglary theft (possible) worthless check (possible) unlawful possession or use of a firearm drug possession drug paraphernalia drug distribution or trafficking reckless driving no operators license (possible) driving under the influence; or three or more of ANY misdemeanors. Necessary Documentation: passport-style photo Proof of initial arrival before age 16 and documentation of continuous presence from June 15, 2007 to the present: foreign passport with entry stamps I-94 US Visas or border crossing card birth certificate of applicant medical records vaccination records school records religious records, like baptism certificate school ID tax filings (every year) DMV records social security records birth certificates of US children Proof of education: high school diploma GED proof of enrollment Evidence of identity: Consular ID Cedula or Matricula Card Foreign Driver's License U.S. government document marriage certificate(s) Divorce certificate(s) Annulments of any past marriages Death certificate(s) of past spouses Certified criminal records: any court records, even if dismissed or expunged any police records any traffic records any prison records FBI background check Local court record check Copy of any previous USCIS or Immigration filing. FOIA may be necessary. If you require assistance with the DACA process, please consider contacting our office to set up a consultation with our Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The ROM/Registry of Marriage in the Philippines for a Utah Virtual Marriage is processed by the Philippine Consulate in San Francisco California. This article will summarize the process, to hopefully make it more easily located on the internet, as many are confused, they see incorrect information online, or believe the virtual marriage is not valid in the Philippines. First, the Consulate's Website should be the FIRST STOP in this registration process. The website link can be found here: https://pcgsanfrancisco.org/civil-registry/ Second, Review the Registration form closely. IT MUST BE TYPED. DO NOT HANDWRITE. Link here:

How to prove a relationship is real for purposes of the I-130 or I-129F Petition? This blog post will provide a few ideas on what USCIS is looking for in a petition filing. 

The J1 Visitor Exchange visa program has a high number of Philippine Citizens, with the Philippines ranking in the Top 20 countries in the fields of J1 Teachers, J1 Intern of Hotel and Hospitality Management, and J1 Trainees. The Philippines is also one of a few countries that no longer aims to provide a J1 Waiver through the No Objection Statement Waiver process (a waiver option that was very accessible until the 2020 Moratorium and 2021 Philippine EVP Policy Change). As a result, many Philippine J1 Exchange Visitors (that were/are subject to the 212e Special Skills List) have to pursue either: a visa option back in the Philippines (after waiting 2 years) or an I-612 Exceptional Hardship (based on the hardship of a US Citizen or Lawful Permanent Resident Spouse or Child). This article will cover an "uncommon" intersection where a J1 may pursue Military Deferred Action (while the J1 waits for the 2+ year Hardship Waiver to be approved). Obvious Requirement: The J1 must either be married to or be the parent of a US Citizen that is in the US Military as an: Active Duty Reservist Veteran If this relationship requirement is met, then the J1 must meet a few other criteria: Overstay a J Visa (to qualify for Military DA, the J1 either intentionally or unintentionally must become "Out of Status.") Not be in another status in the US, such as a tourist or Green Card applicant Service Member must have served honorably or continue to serve honorably J Visa Holder MUST have a game plan on what comes next (after the Military DA) Our office is discussing this topic as it is commonly overlooked by BaseLegal or other immigration law firms. Military DA can work simultaneously with a J1 Waiver process. Military DA can help keep a J Visa Holder safe from deportation and may even permit Employment Authorization, a Driver's License, and Health Insurance (common necessities for J Visa Holders when a J Visa expires). Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Congratulations on the birth of a US Citizen abroad! The Philippines is a very special place, from the good food to the welcoming culture. A baby or child of a US Citizen will also be a US Citizen (recognized) once the US Recognition Paperwork is completed. This applies applies to situations where: Both parents are US Citizens and the child was just born abroad during foreign travel Where one parent is a Philippine Citizen or Foreign National and the child was born abroad Where the child was born to a Philippine Citizen through Assisted Reproductive Technology to a Surrogate. The legal process is called: Consular Report of Birth Abroad (CRBA); or Electronic Consular Report of Birth Abroad (eCRBA) In the Philippines, parents have two location options in which to "report" the birth of the US Citizen: (1) US Embassy in Manila and (2) US Consulate in Cebu. Both locations in the Philippines utilize the new eCRBA system, which uses an online encrypted portal (MyTravelGov) to complete the reporting application, upload supporting documentation, and pay the Interview Scheduling Fee. How much does it cost? The CRBA costs $100; however, it is important to also consider the US Passport fee is currently (in 2025) $135. What documentation is required? Child's PSA Birth Certificate (NSO and LCR versions are NOT accepted) Two passport-styled photos of the child US Citizen's proof of US Citizenship, such as: US Birth Certificate, US Naturalization Certificate, US CRBA Certificate, and/or US Passport. Two forms of ID for the US Citizen parent(s) Legitimation documentation, such as a marriage or divorce certificate Proof of the US Citizen's physical presence in the United States BEFORE the child's birth (the specific amount of proof can differ depending on the situation). Child born in wedlock to U.S. citizen father and one non-U.S. citizen parent on or after November 14, 1986: U.S. citizen parent, prior to the birth of the applicant/child, had been physically present in the United States for five (5) years, at least two (2) of which were after the age of fourteen. Child born out of wedlock to one U.S. citizen parent and one non-U.S. citizen parent on or after November 14, 1986: U.S. citizen parent, prior to the birth of the applicant/child, had been physically present in the United States for five (5) years, at least two (2) of which were after the age of fourteen. Child born to two U.S. citizen parents who are married at the time of birth: one of the parents had been a resident in the United States prior to the applicant/child’s birth. Child born out of wedlock to U.S. citizen mother on or before June 11, 2017: the U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year (365 days) prior to the birth of the child. Child born out of wedlock to U.S. citizen mother on or after June 12, 2017: the U.S. citizen mother must have been physically present in the United States for five (5) years prior to the birth, at least two (2) of which were after the age of fourteen. Evidence of mother's pregnancy (such as ultrasound reports with sonograms, pregnancy photos, and prenatal/medical records). For an child born via Assisted Reproductive Technology (ART), submit complete medical records documenting the procedure. Evidence of both parents' physical presence in the same location at the time of conception (proof can take the form of passports with country entry and exit stamps, Bureau of Immigration arrival and departure records, travel orders, and plane tickets/boarding passes). Evidence of parents' relationship before pregnancy, which can take the form of photos, social media, emails, and chat messages). Sequential or "growing up" photos of the child preferably with parents. Photos should span from the child’s birth to the present. How to schedule the eCRBA Appointment? Manila: Send an email request to ManilaCRBAappt@state.gov, or complete the online form: https://evisaforms.state.gov/acs/default.asp?postcode=MNL&appcode=1 Cebu: https://evisaforms.state.gov/acs/default.asp?postcode=MN2&appcode=1 Here are some of our other Philippine Related Content: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/us-citizens-guide-to-the-fiance-visa-process-in-manila-philippines https://www.fickeymartinezlaw.com/immigration-topic-philippine-fiance-or-spouse-living-outside-of-the-philippines-and-how-to-immigrate-to-the-us If you require assistance with the Philippine Fiance, Spousal Visa process, or Philippine CRBA process, please consider contacting our office to set up a consultation with our Immigration Attorney.