Frequently Asked Questions about the K1 Fiancee Visa

Below are a number of frequently asked K1 Visa questions by our clients and prospective clients. If you have a question or concern that is not addressed below, feel free to contact us and we will be happy to answer any other questions you may have.

How does one apply for a K1 visa?

A Filipino fiancee needs an approved I-129F petition to apply for a K1 visa. Only a U.S. citizen may file a fiance petition and this is done at the U.S. Citizenship and Immigration Services office that has jurisdiction over the place where he/she resides.

What are the documents a K1 applicant needs to submit?

A fiancee is considered an intending immigrant and therefore must present documents similar to those required for an immigrant visa applicant. These include: a valid Philippine passport, a copy of your birth certificate issued by National Statistics Office (NSO) and printed on NSO security paper; legal documents proving the termination of a previous marriage; NBI clearance, police certificates from all foreign countries where the applicant lived for at least six months starting at the age of 16; evidence of the relationship with the petitioner; evidence of financial support; a medical examination completed by St. Luke’s Medical Center Extension Clinic and visa photographs. Evidence must be presented that the couple met in person within the past two years before the petition was filed.

Can an applicant request an earlier visa appointment?

If an applicant wishes to advance the visa interview appointment, he/she should write the Embassy or call the Immigrant Visa Call Center to request an earlier appointment. Requests for earlier appointments are granted only on a space available basis. Fiancee visa applicants are scheduled for interviews only on Fridays.

How much time is given to complete the K1 visa application?

A K1 Fiancee Visa is valid for four months from the date of its approval. But this may be revalidated by a consular officer provided that both parties are still legally free to marry. It is recommended to gather all the necessary documents for visa interview appointment as soon as possible.

Does the K1 visa grant an immigrant status and entitle the Filipino fiancee to a green card?

No, it does not. The K1 visa is a non-immigrant visa, which allows the holder to stay in the United States on a temporary basis. After the marriage takes place, the alien spouse must contact the USCIS to obtain conditional permanent residence status. The Filipino spouse may apply for removal of the conditional status and become a lawful permanent resident after two years.

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What should the Filipino fiancee do upon entry into the United States?

The Filipino fiancee has 90 days from admission into the United States to marry his/her petitioner. The K1 visa does not allow the bearer to marry anyone other than the petitioner. After the marriage, the couple must contact the USCIS to register for conditional permanent resident status for the Filipino spouse. Contact the USCIS in the United States for further information regarding the K1 visa bearer’s status while in the United States.

Can the K1 visa be used to travel in and out of the United States?

No. The K1 visa is a single-entry visa, which means that the K1 bearer who leaves the United States without changing marital and immigration status will not be able to re-enter the country on the same visa. A new petition and visa would be required.

What are the main reasons a K1 visa is denied?

K1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of petitionable relationship; misrepresentation of facts, medical and criminal grounds and potential public charge.

A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.

Some common reasons for denial include:

1. Missing documents
2. Incorrect paperwork
3. Insufficient income/savings of the U.S. citizen sponsor
4. Very large age difference between the couple
5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country
6. Poor English skills of fiancee
7. Couple hasn’t spent enough time together in person
8. Couple lacks sufficient evidence of recent day-to-day contact
9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen
10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making
11. Fiancee was previously in the U.S. and overstayed the visa
12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status
13. Fiancee has a criminal record
14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)
15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)
16. Petition includes a document that is deemed to be fraudulent

Can family members of the Filipino fiancee be included in the petition?

Only the unmarried, minor children (below 21 years old) of the Filipino fiancee can be included in the K1 petition and are eligible to apply for a K2 visa. If they are unable to depart with their Filipino parent, children who are named in the petition have one year (from the time the K1 visa is issued) to be issued K2 visas. They must apply for visas in a timely manner to allow visa issuance within the required time, otherwise the children will no longer be able to derive any immigration benefit from their parent’s K1 visa and new immigrant visa petitions need to be filed on their behalf.

Can the Filipino fiancee work in the U.S. with a K1 visa?

Yes. When the fiancee enters the United States he/she will be eligible to apply for a work permit with the BCIS.

What fees are involved in obtaining a K visa?

There is a $131 non-refundable, application fee for each K1 visa applicant. This fee is payable in U.S. dollars or its current peso equivalent and is paid at an accredited branch of Citibank or the Bank of the Philippine Islands. The cost of the medical examination is U.S. $145 for adults (15 years and older) and U.S. $117 for children under 15 years of age. There are also fees payable to agencies of the Philippine government to obtain required documents. In order to avoid unnecessary delay in the visa issuance process, the U.S. Embassy in Manila strongly encourages applicants in the categories mentioned above to pay the document verification fee prior to their immigrant visa interview. Payment can be made through any Metrobank location. The cost of the document verification is P650 per applicant.

What if the fiancee must delay arrival in the U.S.?

The K1 visa is valid for a maximum of six months. If the visa bearer is unable to leave for the United States immediately and the visa expires, a new one may be issued upon written request to the Embassy and the payment of another application and processing fee of $100.

Where can I find additional information?

For general visa information about K-1, K-2, K-3, K-4 or IR-1 visas visit or call:

· The U.S. State Department’s Bureau of Consular Affairs website

· The Embassy’s Immigrant Visa Information Call Center in Manila at 1-909-101-7878. Callers in the USA can also contact the Call Center at 1-888-877-9888. There is a fee assessed to callers by the call center for its services. (Monday through Friday, 8:00 am to 6:00 pm.  This number can be reached from the Philippines using a PLDT or SMART phone line with NDD access.

· The State Department’s National Visa Center website. The NVC handles petitions before they are sent to the Embassy in Manila.

Information about immigrant visa petitions is available at:

        · The U.S. Citizenship and Immigration Services (USCIS) website and the Department of Homeland Security office at the        Embassy in Manila, Window 44 (open Monday to Friday from 8:00 AM to 12:00 noon, Tel. no: (632) 528-6300, Ext. 2224

Once approved, how long is the I-129F Petition valid for and what happens if it expires before the Fiancee's K1 Visa interview?

Approved I-129F Petitions are valid for four months. Once they expire, they may be revalidated by a Consular Officer at the embassy of record prior to the K1 Visa interview.

Will the fiancee be able to work once they enter the United States on a K1 Visa?

Yes. Once they enter the United States on a K1 Visa, they may immediately apply for a Work Authorization Permit. However, since the fiancee must re-apply for a Work Permit after the filing of an adjustment of status (which is required after the marriage), we generally recommend waiting until after the marriage takes place.

Can the Fiancee's children come to the United States prior to the marriage?

Yes. The children are eligible for K2 Visas which would allow them to accompany the Fiancee or follow the Fiancee within 6 months of visa issuance. If the children do not apply for a K2 Visa, they may also be eligible for a K2 Visa after the Fiancee is married as long as the children apply within 1 year of the Fiancee's K1 Visa issuance.

Can U.S. Citizens apply for more than one K1 Visa Petition?

A U.S. Citizen may not petition for more than one K1 Visa at a time. However, if the marriage from a prior K1 Visa does not take place and the fiancee leaves the U.S., the U.S. Citizen may petition for the same fiancee or another one in the future.

Is the K1 Visa issued immediately following the embassy interview?

Each embassy has its own unique procedures. Some issue the K1 Visa the same day and others process it within a few weeks and have it mailed by courier.

Can a Permanent Resident use the K1 Visa Procedure?

No. Unfortunately, this benefit is only available to U.S. Citizens and you must be a U.S. Citizen to be eligible to file for a K1 Visa Petition.

If your petition for a K1 visa is denied, you may appeal within 33 days of receiving the denial by mail. To avoid a denial, put Filipina Fiancee Visa Service to work for you. We'll guide you through every step of the K1 visa process, ensuring that you receive your visa in the shortest time possible, with as few problems as possible.

How do I bring my fiancee to the United States?

If your fiancee is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with the Bureau of Citizenship and Immigration Services (previously INS) on behalf of your fiancee. After the petition is approved, your fiancee must obtain a visa (K1) issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancee entering the United States. If the marriage does not take place within 90 days or your fiance marries someone other than you (the U.S. citizen filing INS Form I-129F - Petition for Alien fiance), your fiancee will be required to leave the United States. Until the marriage takes place, your fiancee is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancee may not obtain an extension of the 90-day original nonimmigrant admission. Please note that legal permanent residents may not file petitions for fiance visas. They must marry abroad and then file an I-130 petition for the immigration of a new spouse.

If your fiancee intends to live and work permanently in the United States, your fiancee should apply to become a permanent resident after your marriage. (If your fiancee does not intend to become a permanent resident after your marriage, your fiancee/new spouse must leave the country within the 90-day original nonimmigrant admission.) Your fiancee will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.

Your fiancee may enter the United States only one time with a fiancee visa. If your fiancee leaves the country before you're married, your fiancee may not be allowed back into the United States without a new visa.

Do I need to be at my fiancee’s U.S. consulate fiancee interview?

No. It really doesn't matter whether you are there or not. Yes, it's nice moral support, but the money could be better spent on a nice honeymoon at Disney, the Grand Canyon, Las Vegas or another spot in the U.S. - showing off your spouse’s new country to her. Most of us don't have an extra $900 - $1,500 sitting around for that brief interview trip.

Can you tell me a nice hotel near US embassy in Manila that doesn't cost too much?

Cherry Blossoms Hotel

550 Jorge Bocobo Extension, Ermita, Manila.

Cherry Blossoms phone is 632-522-4185 or 632-524-7631.

E-mail them at: blossoms@i-manila.com.ph

Pictures of Cherry Blossoms Hotel

When filing a Fiancee petition do I need to have a birth certificate for her and for her son?

Yes. You will need a certified copy of both their birth certificates if her son will be included on her I-129F Petition for Alien Fiancee.

What about same sex partners, can they get a fiancee visa?

No! Foreign same-sex partners of United States citizens are currently not recognized by the INS and accordingly cannot be sponsored for a K Visa or for Permanent Resident status. Many families based on a same-sex relationship are accordingly forced to live outside the U.S., if a different visa type cannot be procured. Many foreign partners reside in the U.S. as illegal aliens. The Uniting American Families Act, if passed, would create a new family category, "Permanent Partner", allowing foreign partners recognition by the INS. The term "Permanent Partner" was established to avoid sensitivities about same-sex marriage and civil unions.

However, same-sex partners of non-U.S. citizens can qualify for temporary visas to the U.S. on the basis of their relationship according to the U.S. State Department, which effectively gives U.S. citizens fewer rights than non-citizens seeking to live with their same-sex partners in the U.S. Cohabiting Partners

 

 

Can my fiancee from the Philippines get a tourist visa?

This is the most asked question.  A Tourist Visa is possible, although highly improbable. The U.S. Embassy in Manila denies about 200 or more each day and to think each application for a tourist visa comes with a non-refundable $100 fee. Anyway, although not an official requirement, those having success in achieving a tourist visa have held the test of being able to demonstrate proof of their return to Philippines at/prior to the end of any would be tourist visa, which tends to need lots of Peso in the bank under a long standing high balance bank account, deed/title to house/lot and car, business, spouse/children, etc. any/all of which show ties to Philippines and a commanding reason to return and not disappear.

Example: The fact that your sister has already filed a petition for you to immigrate might only serve to further lend reason for denial of a tourist visa as it may be seen as an attempt to short-circuit the immigration process, as the consular reviewing your file will know about your sister's petition in your name even if you do not tell them about it. If after you read this you feel you may have what it takes to try for a tourist visa and if the denied the lost fee will not impact your financial status then it can't hurt to try but be forewarned!

How Can I Marry My Fiancée in the United States?