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The Philippines K1 visa process is very
detailed and complicated.
Summary of the fiancee visa process.
What Is a
Fiancee?
A Fiancee is a
person who is engaged or contracted to be married. The marriage
must be legally possible according to laws of the state in the
United States where the marriage will take place.
In general, the two
people must have met in person within the past two years. The
Department of Homeland Security's U.S. Citizenship and Immigration
Services (USCIS) grants some exceptions to this requirement. For
example, it may be contrary in some traditions for a man and woman
to meet before marriage.
Sometimes the
USCIS considers a person a "Fiancee" even though a marriage
contract has been concluded. In such cases, the American citizen
petitioner and his/her spouse have not met, and they have not
consummated the marriage.
How Does a K1
Fiancé Visa Work?
If you are an
American citizen and you want your foreign Fiance to travel to the
United States to marry you and live in the U.S., you must file
Petition for Alien Fiance in the United States.
Filing the K1
Visa Petition
The K-1 visa is
similar to processing an immigrant visa petition in that civil and
financial documents are required. You must file the Petition for
Alien Fiancee, Form I-129F, with the Department of Homeland
Security's U.S. Citizenship and Immigration Services (USCIS)
office that serves the area where you live. See the Department of
Homeland Security's USCIS Field Offices for information on where
you can file the petition. Note: You cannot file this petition at
an embassy, consulate or U.S. immigration office
abroad.
After the USCIS
approves the petition, it sends the petition to National Visa
Center for processing, prior to sending it to the embassy or
consulate where your Fiancee will apply for a K-1 nonimmigrant visa
for a Fiancee.
The unmarried
children under age 21 of the K-1 visa holder may be given
K-2 visa, if they seek to accompany or follow to
join the primary visa holder. Although the K-1 and K-2 visas are
described as nonimmigrant visas, these visas are processed
at the Immigrant Visa Unit at the U.S. Embassy in
Manila.
What Should I Know about International
Marriage Broker Regulation Act (IMBRA)?
The International Marriage Broker Regulation
Act (IMBRA) has requirements that must be followed.
A Fiancée Is Also
an Immigrant
A K1 visa is a nonimmigrant visa. Because K-1
visas permit the holder to immigrate to the U.S. and
marry an American citizen shortly after arrival in the United
States, the Fiance must meet some of the requirements of an
immigrant visa.
Applying for a
K1 Visa Philippines
- You must be a USA
citizen. Lawful permanent resident "green card" holders of the
United States are not allowed to obtain fiance
visas.
- You must be able to
prove that you are ready, willing and legally able to marry. This
means that if either of you has been married previously, you are
either divorced, widowed or the marriage was
annulled.
- You must have met
your fiancee in person within the previous two years and you must
demonstrate the existence of a serious relationship between you. In
addition, you must prove that you and your fiancee have met face to
face at some point within the last two years. The proof of the
meeting can consist of photos together, passport stamps, hotel
vouchers, phone log records from the petitioner, hotel to the
fiancee phone.
- You must
demonstrate genuine intentions to marry your fiancée after she
arrives in the U.S.
- The petitioner must
also meet certain income requirements, normally 125 percent of the
current poverty level.
- There are also new statutes which are part of the Homeland Security Act, which pertains to K 1 Visas that you need to be aware of.
The visa
application procedures involve two steps:
- Filing the Fiancee Visa Philippines Petition .
- Applying for the
K1 Philippine visa at a U.S. Consulate in Manila,
Philippines.
- A passport valid
for travel to the United States and with a validity date at least
six months beyond the applicant's intended period of stay in the
United States (unless country-specific agreements provide
exemptions).
- Birth certificates
from both of you
- Divorce or death
certificate of any previous spouse for both the applicant and the
petitioner
- Police certificate
from all places lived since age 16
- Medical examination
& vaccinations
- Form I-129F
(Petition for Alien Fiance). If you have minor children who are
eligible to accompany you, then you must enter their details on
this form
- Proof of U.S.
citizenship, examples include U.S. passport, original U.S. birth
certificate, Certificate of Citizenship or Certificate of
Naturalization
- Evidence of
financial support (Form I-134, Affidavit of Support may be
requested.)
- Two Nonimmigrant
Visa Applications, Form DS-156 (A Form DS-156, prepared in
duplicate.)
- One Nonimmigrant
K1 Fiance Visa Application, Form DS-156K
- Evidence of
approval to marry if you or your fiance are subject to any age
restrictions
- Two nonimmigrant
visa photos
- Proof of valid
relationship with your fiancee
- Payment of
fees
-
Vaccination Requirements
- All applicants for
immigrant visas are required to have the following vaccinations, if
appropriate, for age, medical condition, or medical
history:
- Mumps
- Measles
- Rubella
- Polio
- Tetanus and
diptheria toxoids
- Pertussis
- Influenza type
B
- Hepatitis
B
- Varicella
- Pneumococcal
Required
documents for the K-1 visa medical
examination:
- Original and
Photocopy of Proof of Payment for the Visa Interview.
Passport and photocopy of first and last page of your
Passport.
- NSO (National
Statistics Office) issued copy of your birth
certificate.
- Copies of
Termination of Prior Marriage (if either petitioner or fiance has
been previously married).
- NBI Clearance
(recent copy).
- Foreign Police
Clearance (if fiance has resided outside the Philippines after the
age of 16. This shall include residence as an expatriate or
overseas contract worker).
- Evidence of
Financial Support which shall include the I-134 (Affidavit of
Support) which shall be filed up by the petitioner and duly sealed
and notarized, the Income Tax Returns for 3 previous years as well
as the 3 previous W-2’s of the petitioner.
- Bring evidence of
your ongoing relationship; which should include letters, 6-12 photos,
phone bills, and emails. Do not bring just photos or just letters;
you should give at least 6 copies of both pictures and
letters.
- Forms provided in
the packet which are required to be filled up.
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