01-19-1

Filipinos who wish to travel to the U.S. with the purpose of marrying their U.S. citizen fiancé must secure a K-1 visa from the U.S. Embassy.  This is otherwise known as a Fiance Visa.

Here is a summary of the application process as well as the list of documents needed to file the petition:

Step 1:File the Petition

  1. The U.S. citizen sponsor shall file a Petition for Alien Fiance at the USCIS office of the area where the sponsor resides.  File Form I-129F.  Take note that this cannot be filed at a U.S. Embassy, a Consulate, or at a USCIS office abroad.
  2. Wait for the USCIS’ approval of the petition which will then be forwarded to the National Visa Center.  Upon reaching the NVC, the sponsor will be given a case number; the NVC will forward the petition to the U.S. Embassy in the Philippines.

Step 2:Apply for a Visa

  1. The petitioner will receive a letter from the NVC when the case has been forwarded to the U.S. Embassy in the Philippines.
  2. Petitioner may now advise the Filipino fiancé to apply for a K-1 visa and appointment for interview.
  3. If the fiance has children as dependents and he or she plans to take her children with her to the U.S., they need to apply for K-2 visas for them.  Applications and fees are unique for each dependent.

List of Required Documents:

All the applicants (fiance and eligible children) are required to submit the following forms and documents during their interview at the U.S. Embassy:

  1. Duly accomplished Form DS-160, online Nonimmigrant Visa Application.
    • 1 copy of the completed Form DS-160
    • 2 copies of the DS-160 confirmation page
  2. Valid passport
    • Passport must be valid for at least six months beyond the fiance’s intended period of stay in the U.S.
    • Keep in mind that a Fiance visa holder must be married to the U.S. citizen petitioner within 90 days from the time he or she landed in the U.S.
    • Read this previous article for the complete process of renewing your passport.
  3. Divorce or Death Certificates
    • Both parties, the U.S. citizen petitioner and the Filipino fiance, must present applicable divorce, annulment, and death certificates should they have had previous marriages.
  4. Police Certificates
    • The Filipino fiance must be able to present Police Clearances not just from the Philippines but from all other countries where he or she lived for at least six months, since he or she was 16 years old.
    • Accompanying children aged 16 years or older are likewise required to present Police Clearances.
  5. Medical Examinations
    • Medical exams for the Filipino fiance and accompanying children (if any) must be done before an appointment for interview is set.
    • The U.S. Embassy in the Philippines will provide all the information on authorized physicians and other instructions regarding the Medical Examination.
    • Fiance visa applicants need to get vaccinated as required by U.S. Immigration Laws; best to have these taken during your medical examination.
  6. Evidence of Financial Support
    • This is needed to prove that the Filipino fiance will not eventually come under the public charge of the United States.
    • Either the Filipino fiance provide proof that he or she has enough savings or passive income, sufficient enough to cover his expenses abroad or
    • The U.S. Citizen fiance provide proof that he or she is capable of supporting the needs of the Filipino fiance.
    • Accomplish a Form I-134 (Affidavit of Support) as this will be requested by the Consular Officer.
  7. Two copies of a 2×2 photograph of the Filipino fiance.
  8. Evidence of relationship.
    • This may vary from letters, emails, and text message exchanges between the U.S Citizen petitioner and the Filipino fiance.
    • Photographs of them together, if any.
    • Other proofs that the Consul may require.
  9. Payment of fees.
    • Filing an Alien Fiance Petition – Form I-129F.
    • Nonimmigrant visa application processing fee – Form DS-160 (required of each K visa applicant).
    • Medical Examination (of each K visa applicant).
    • Other incidental expenses such as translation and photocopying fees.
    • Application to Register Permanent Residence or to Adjust Status – Form I-485.

Source: https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html#1

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