Visa Information

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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 Fiancee to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancee 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 Fiancee 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 Fiancee 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 for Fiancées of U.S. Citizens (K-1) 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 fiancee 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.

What Is a K-3 Visa?

The K3 spousal visa allows the spouses of U.S. citizens, and the spouse's children, to come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

The Spousal Visa (Marriage Visa) is designed so you can marry your Fiancee in her own country. Once you return to the USA, the paperwork is filed in two stages. This process takes approximately 6 months. The K3 visa can only be obtained by the spouse of a United States citizen. Spouses of permanent residents cannot receive a K-3 visa.

If the marriage took place while the spouse was in the U.S. on another type of temporary visa or visa waiver, the spouse must depart the U.S. in order to be eligible to receive a K3 visa.

K4 Visas for Unmarried Children of Filipino Spouses

Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status. However, if a child is 18 years of age�or older at the time of marriage then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card and become a U.S. immigrant.� The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever�occurs first. Children who are married or over the age of 21 cannot receive a K4 visa.

How Long Does It Take?

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. On average it is taking about 6 months to get approval for a K-3 visa.

Fiancée (K-1) Visa

ADVANTAGES DISADVANTAGES
This K1 visa is the FASTEST to get, usually taking four to six months processing time.
You don't need to marry immediately in your Fiancée's country or the U.S.
You bring your love to the U.S. as your Fiancee, and both of you have 90 days to get married. This allows you both to get to know each other better and make a better decision about marriage, which for most people is a very important life decision.�
You deal nearly exclusively with the U.S. immigration system and U.S. immigration officials here, in the United States. You largely avoid dealing with sometimes arcane and cumbersome legal rules for marriage and immigration in the Philippines.
You avoid dealing with local foreign procedures of marriage in a foreign country.
Your fiancee has a chance to see the country and get familiar with U.S. customs before the marriage.
In general, much less supporting documentation are needed for a K-1 visa, and officials are less picky with the documents than the other way (Philippine marriage and K3 spousal visa).
Allows both of you the option, subject to the filing and approval of I-131 Travel Authorization, to return to the bride's home country for a "show" or fictitious wedding for the benefit of her family and friends.
Your Fiancée needs to make a strong effort to convince the Immigration Officer at the U.S. Embassy in the Philippines that you are both in love and are planning to get married upon her arrival in the U.S.
You need to make a strong effort to convince your lady and her family that your intentions regarding the fiancee visa are sincere and honorable. This is because most ladies and their families in the Philippines are quite conservative and the fiancee visa means that you will be taking her away from her home on a mere promise of future marriage.
Her close family and friends will NOT see your Fiancée get married in the U.S. unless they could manage to obtain another type of visa such as a tourist visa, which is VERY hard to obtain.

Spousal visa (K-3)

ADVANTAGES DISADVANTAGES
You are both together immediately. Your spouse's family and friends will be able to attend your wedding.
Local marriage in a the Philippines can sometimes be accomplished in 12-14 days.
Since with a Spousal visa your wife gains U.S. legal residency immediately, future immigration work is substantially reduced. There is no need to file for the Adjustment of Status Application and wait for months during which time your wife cannot travel freely without obtaining travel parole every time she travels outside of the U.S.
There can be a lot of "red tape". Extensive supporting documentation is usually necessary of a U.S. Citizen trying to get married in a foreign country like the Philippines.
Philippine law prescribes a ten-day waiting period from the filing of the Application to the issuance of the marriage license.
If the contracting parties are between the ages of 18 and 21, they must present written consent to the marriage from their father, mother or legal guardian. While any contracting party between the age of 22 and 25 must present written parental advice, i.e., a written indication that the parents are aware of the couple's intent to marry.
Philippine law requires a Certificate of Attendance in a pre-marital counseling and family planning seminar conducted by the Division of Maternal and Child Health at the Municipal/City Hall in the same municipality or city where the contracting parties applied for the marriage license.
It is a two-step process, instead on one. First, you are required to submit a package for the Form I-130. And, second, upon USCIS Notice of Action, you would need to send I-129F Package. It takes time and a lot of patience from both of you.
This process is very document-sensitive which means that if you are missing a document, you may have to fly back to the U.S. in order to obtain a necessary document before process can be completed.
You might end up paying more for the expenses, for the marriage ceremony, and Embassy visa processing charges and other fees than you would with a K1 visa.

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