How can I marry my Filipino fiancee in the United States?
If your Filipino 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 on behalf of your fiancee. After the petition is approved, your fiancee must obtain a K1 visa 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 fiancee marries someone other than you (the U.S. citizen who filed Form I-129F - Petition for Alien fiance(e)), your fiancee will be required to leave the United States. Until your marriage takes place, your fiancee is a non-immigrant. A non-immigrant 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 K1 fiancee visa. Legal permanent residents may not file petitions. They must marry abroad and then file an I-130 petition for the K3 visa for their 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 must leave the country within the 90-day 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 K-1 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.
What are the documents a visa applicant needs to submit?
A fiancee is considered an intending immigrant and consequently must present documents similar to those required for an immigrant visa applicant. These include: a official passport which is valid, a copy of your official birth certificate; any legal documents that prove the termination of a previous marriage; NBI clearance, police clearances 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 and visa photographs. Evidence must be presented that the couple met in person within the past two years before the petition was filed.
How long is a the visa valid?
A K1 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.
What are the main reasons a K1 visa is denied?
Fiancee visa 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. For instance, with a Philippines Fiancee Visa you must understand that 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.
What documents are required for the K1 fiancee visa interview?
1. Original Appointment Letter
2. DS-156, 2 Each (1 with proof of payment) (with two - 2 X 2 Passport photos)
3. DS-156K, 1 Each
4. DS-157, 2 Each
5. Birth Certificate from NSO
6. Cenmar (Certificate of No Marriage)
7. NBI Clearance
8. Certified copies of divorce or annulment documents (if any).
9. I-134 Affidavit of Support
10. U.S. Federal Tax Returns
12. Pay Statements
13. Bank Statements
14. Evidence of Genuine Engagement, Pictures , Plane Tickets, Receipts of Stay, Phone Bills.