News from Filipina Fiancee Visa Service Vol.19
"Bringing your bride to your side"
Filipina Fiancee Visa Newsletter
08/12/2009 Vol.19
The IR Visa

A spouse of a U.S. citizen is considered an immediate relative (IR) and is immediately eligible to apply for an immigrant visa under the IR category. The Filipino spouse must be the beneficiary of an I-130 petition approved by the U.S. Citizenship and Immigration Services (USCIS). This petition must be filed at the USCIS office that has jurisdiction over the petitioner's (American spouse) place of residence. On a case-to-case basis, a U.S. citizen who resides in the Philippines may be allowed to file the I-130 petition at the immigration services office at the U.S. Embassy in Manila. However, the petitioner must be domiciled or residing in the United States at the time the Filipino spouse has a visa interview. NOTE: Active-duty U.S. military personnel and other U.S. Government personnel are considered domiciled in the United States while serving overseas.

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married a U.S. citizen are considered “step-children” for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

Once an I-130 petition is approved, the National Visa Center (NVC) in the United States notifies the petitioner and provides guidance on how the Filipino spouse and children can apply for IR1 and IR2 visas respectively.

The NVC queues the applicant(s) for an interview and forwards the approved petition to the Embassy in Manila. The NVC will likewise notify the applicant(s) when they are scheduled to report for the medical examination and visa interview.

It takes 6 to 24 months from the date a petition is approved for the IR visa to be issued.

If an investigation is required and if the applicant does not satisfy all application requirements, visa issuance may take longer. A U.S. citizen should not arrange to take the Filipino spouse back to the United States immediately following the marriage. No travel arrangements should be finalized until a visa has been issued.

Because of the time involved in processing the application for an immigrant visa, it is recommended that the petitioner and beneficiary gather the required documentation to submit with the visa application at the earliest possible time.

Medical Examination Fees
 



  • St. Luke's Medical Center Extension Clinic (SLMCEC) in Manila, the Embassy's accredited medical facility, charged U.S. $213.35 for adults (15 years and older) and U.S. $185.35 for children (under 15 years of age) for the medical examination fees.
  • SLMCEC does not accept credit card or dollar payments. The fees must be paid in Philippine pesos at the prevailing exchange rate.
     
  • If you missed your visa interview appointment at the U.S. Embassy in Manila because of additional medical tests, SLMCEC will schedule your embassy interview appointment within the next two working days. SLMCEC will give you an appointment slip. You should bring the appointment slip together with your original appointment letter to facilitate entry into the U.S. Embassy in Manila.
 
Visa Delivery
 

   
The issued visa will be delivered to the applicant's designated address by Air 21 (the Embassy's authorized courier service provider) within 7 to 10 working days. The visa delivery fee, which is determined by the courier service, is paid by the applicant. This fee to the courier service is separate from any fees paid to the U.S. Government. Applicants do not need return to the Embassy to pick up their issued visas.

You may direct visa delivery inquiries to Air21 U.S. Embassy service hotline at 879-4747 or to the U.S. Embassy page at the Air21 website (Click HERE for the link).

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AMERICAN CITIZENSHIP

Your wife can apply for Naturalization (Citizenship) if she has been in her Green Card status (including Conditional Green Card) for 2 years and 9 months and married to a U.S. citizen for that entire period of time. To get a Green Card she must apply for an Adjustment of Status after you are married.

How to apply for and obtain an

Adjustment of Status

Why do Filipinas like to marry foreign men?

One reason is Filipinas see foreign men as more stable and faithful. They consider an older man to be less likely to stray. Part of the culture here is that a married man may have one or more girlfriends or mistresses. It is a commonly held belief that this is tolerated as a part of the culture. The truth is the men tolerate it and the wives hate it! However, because this is a catholic dominated country there is no divorce and annulment is very expensive to attain. A woman would lose nearly all she has including her children if she made a fuss and her husband was more powerful than she.

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