VISAS FOR FIANCÉE'S OF U.S. CITIZENS (K-1)
AND DERIVATIVE CHILDREN OF K-1 (K-2)
If a U.S. citizen plans to marry a
Philippine citizen, the most important
advice we can offer is to begin the
preparations early to bring the new spouse
to the United States. Depending on the
circumstances, and on what type of visa is
best, processing time can take as long as
several months. What follows is the
assumption that the U.S. citizen is marrying
a Filipino, though much of this advice also
applies to the marriage to anyone who is not
yet a U.S. Citizen or Legal Permanent
Resident.
Visa and citizenship laws must be considered
when planning a new life. There are
different visas for different purposes of
travel. The first step is to decide whether
one will marry in the Philippines before
traveling to America or if one will marry in
the United States. The fact that the U.S.
citizen has married a foreign national (or
the inclusion of his or her spouse on his or
her orders if she is with the U.S. military)
does not automatically allow his or her
spouse to travel to the United States or
live there without the appropriate visa.
The K-1 visa allows a fiancée to travel to
the United States, marry a U.S. citizen, and
then adjust status there to become a legal
permanent resident (LPR) in the United
States. After the K-1 visa is issued by the
U.S. Embassy in Manila and the soon-to-be
spouse enters the United States, the wedding
must take place within three months of the
visa holder's arrival in the United States.
The K-1 visa is similar to processing an
immigrant visa petition in that civil and
financial documents are required.
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.
Philippines Calling Cards Rates from
USA to
Philippines
9.7 ¢/min |
AVERAGE VISA PROCESSING TIME AND DELIVERY AT
US EMBASSY, MANILA
Depending on the volume of the visa
issuances of the Nonimmigrant Visa Unit,
visa processing after the interview usually
takes at least one week*. After the one-week
visa processing, the receipt of a passport
with a visa may take longer, depending on
the applicant's delivery address.
Average Visa Processing Time: This means the
number of working days it takes for an
approved applicant to receive his or her
passport back from the Embassy with the U.S.
Visa at the address given to the courier
company. All applicants should be aware that
the one week processing time is an AVERAGE,
and that the processing time of a specific
case can vary due to individual
circumstances and other special
requirements.
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GETTING MARRIED IN THE PHILIPPINES
If a U.S. citizen wishes to marry in the
Philippines, she should begin by filing
a petition for a
marriage visa with the USCIS office
having jurisdiction over his or her
place of residence. Persons whom the
USCIS defines as residents of the
Philippines may file at the USCIS office
at the American Embassy in Manila.
Although the final decision about where
one is a resident will be made on a
case-by-case basis by the USCIS when she
seeks to file the petition, generally,
American citizens are considered to be
residents of the Philippines if they
belong to one of the following
categories:
U.S. military and civilian DOD employees
with orders to the Philippines U.S.
citizens employed with private companies
Students enrolled in Philippine
universities.
Active duty and civilian members of the
Armed Forces must show orders. Those in
the other categories must present a
residence card and/or employment
documents.
If a U.S. citizen marries in the
Philippines, she will no longer qualify
for the K-1 visa.
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PREPARING FOR YOUR K-1
INTERVIEW
Three reasons account for about 90 percent
of all refused immigrant visas in Manila:
- An incomplete or incorrectly
completed Affidavit of Support.
- A lack of secondary evidence proving
relationship or identity.
- Incomplete or outdated police or
medical clearances.
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GET HER WORK PERMIT
FASTER!
The fastest way to get your fiancee working
after she gets here is this:
- Get Married.
- Get a certified copy of your wedding
certificate.
- Go to the Social Security Office and
apply for her Social Security number
with her I-94.
- Go to the DMV and get her a state ID
card with her I-94.
When she receives her Social Security number
and her state ID card in the mail she will
be ready to work. You must file her
Adjustment of Status later. Now of this will
work if her I-94 expires, so you only have
90 days from the day her K-1 visa is issued
to do steps 1-4.
Once her I-94 expires, she will need to file
her Adjustment of Status before she can get
a Social Security number or a state ID card.
So move fast if working is a priority!
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