The K1 Fiancee Visa Philippines

(What you need to know)

The K1 Visa allows entry for your fiance into the United States for a period of 90 days, during which time either the two are married, or the Fiancee is required to depart the United States, before the visa expires! Unlike marrying abroad, this allows the couple to live together in the United States, and the Fiancee to experience what day to day life will really be like before the marriage.

How the K1 Visa Process Works

To bring a future spouse to the USA, a U.S. citizen must first file a K-1 Visa petition in the United States with the Department of Homeland Security. Once the petition is approved, the petition is then forwarded to the United States Consulate in the country where the foreign fiancee resides. The U.S. Consulate will then contact the foreign fiancee and set up an interview date shortly thereafter.

Am I Eligible to apply for a Fiancee Visa?

 If you are a U.S. citizen who wants to bring your foreign national fiancee (male or female) to marry in the U.S., you may petition (apply) for a fiancee visa (K-1) for your fiancee. Both of you must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancee in person within the last two years before filing for the fiancee visa. This requirement can be waived only if meeting your fiancee in person would violate long-established customs or would create extreme hardship for you.

 K2 Children

 The child of a fiancee may receive a derivative K-2 visa from his/her parent’s fiancee petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form  I-485  Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancee or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancee within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.  Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

Important information about getting a K1 fiancee visa

· You must meet in person before you can file the petition.

· You and your Fiancee must both be single.

· Your filed final divorce decrees, death certificates or annulments are required.

· The minimum income requirement for 2007, for a family of two, was $17, 112 . Poverty guidelines

· You must have photos of you and your Fiancee together.

· You must have evidence of continued communication.

· Your Fiancee's children under the age of 21 may accompany your Fiancee on an approved K-1 visa.

· The filing fee for the K-1 petition is currently $455.

· Your Fiancee will have an interview at the U.S. Embassy in Manila.

U.S. Embassy
1201 Roxas Boulevard
Manila, Philippines 1000

· Your Fiancee will have a medical exam and police clearance prior to her Embassy interview.

· If your Fiancee has lived in another country after age 16 for 6 months or longer, she will need to obtain a police clearance from that country at the time of her interview with the US Embassy.

· After her Embassy interview, your Fiancee will usually receive her visa within 10 days usually by courier.

· Once the K-1 visa is granted, your Fiancee has 6 months to come to the USA.

· Your Fiancee has 90 days to marry you after her arrival or must return to her country.

· Once you are married you are required to file for an Adjustment of Status for your wife to legally remain in the United States.

 After Arriving in the USA

Once the foreign fiancee arrives in the USA, he/she must marry the U.S. Citizen within 90 days or they will be required to return to their country of origin. After you marry, you must then file for the I-485 adjustment of status.

After filing for the adjustment of status, your fiancee will be allowed to work usually within 90 days.

Permanent residency can take between 1-2 years. If for some reason the relationship fails before permanent residency is granted, there will be no other options for adjustment of status and the K1 spouse in most cases will be required to leave the USA.

K1 fiancee visa holders are in valid status for only 90 days after U.S. entry, and may not extend their status.

The K1 Fiancee Visa application process is complex

The slightest mistake can cause you long delays, and possibly even result in your fiancee denied a K1 Visa. If you are caught misrepresenting on the application, it can result in them never getting a visa, which can also affect visa application to other countries! There are also new statutes as part of the Homeland Security Act, that pertain to K 1 Visas, that you need to be aware of , especially if you were introduced online, or if you have brought in a fiancee in the past. It is important that all the paperwork and supporting documents are carefully completed and compiled. Any mistakes on your part may result in your K1 visa application being denied, and being kicked out of the process, and starting all over again.