How can I marry my Filipino fiancee in the United States?
If your Filipino fiancée is not a United States citizen and you plan to get married in the United States, you must file a petition with the Bureau of Citizenship and Immigration Services on behalf of your fiancée. After the petition is approved, your fiancée must obtain a K1 visa issued at a US embassy or consulate abroad. The marriage must take place within 90 days after her fiancée’s entry into the United States. If the marriage does not take place within 90 days, or if your fiancée marries someone other than you (the U.S. citizen who filed Form I-129F – Petition for Alien Fiancé(e)), your fiancée must leave the United States. Until your marriage takes place, your fiancée is a non-immigrant. A nonimmigrant is a foreign citizen seeking temporary entry into the United States for a specific purpose. A fiancée cannot get a 90-day K1 fiancée visa extension. Lawful permanent residents cannot file petitions. They must marry abroad and then file an I-130 petition for the K3 visa for their new spouse.
Permanent resident
If your fiancée intends to live and work permanently in the United States, your fiancée must apply to become a permanent resident after your marriage. If your fiancée does not intend to become a permanent resident after her marriage, her fiancée must leave the country within 90 days of admission. Her fiancée will initially receive conditional permanent resident status for two years. Conditional permanent residence is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status. Your fiancée can enter the United States only once on a K-1 visa. If your fiancée leaves the country before you are married, she may not be allowed to return to the United States without a new visa.
What are the documents that a visa applicant must present?
A fiancée is considered a potential immigrant and therefore must submit documents similar to those required for an immigrant visa applicant. These include: a valid official passport, a copy of her official birth certificate; any legal documents proving the termination of a previous marriage; NBI clearance, police clearances from all foreign countries where the applicant lived for at least six months from the age of 16; proof of relationship with the petitioner; evidence of financial support; a medical examination and visa photographs. Evidence must be submitted that the couple met in person within the last two years before the petition was filed.
How long is a visa valid?
A K1 visa is valid for four months from the date of its approval. But this can be revalidated by a consular officer as long as both parties are still legally free to marry. It is recommended to gather all the necessary documents for the visa interview appointment as soon as possible.
What are the main reasons why 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: lack of documentation; need to review or verify evidence; lack of petitioner relationship; misrepresentation of facts, medical and criminal reasons, and possible public charge.
A common basis for denial is a prior marriage for the beneficiary or petitioner that has not been legally terminated. For example, with a Philippine fiancee visa, you need to understand that there is no such thing as divorce in the Philippines. A consular officer will only accept a death certificate or court order of annulment or presumed death as proof that a Filipino marriage has been dissolved.
What documents are required for the K1 fiancée visa interview?
1. Original appointment letter
2. DS-156, 2 of each (1 with proof of payment) (with two 2 X 2 passport photos)
3. DS-156K, 1 each
4. DS-157, 2 each
5. NSO birth certificate
6. Cenmar (Certificate of Non-Marriage)
7. NBI settlement
8. Certified copies of divorce or annulment documents (if any).
9. I-134 Affidavit of Support
10. US Federal Tax Returns.
11.W-2
12. Payment account statements
13. Bank statements
14. Evidence of genuine commitment, photographs, plane tickets, receipts for lodging, telephone bills.