Filipina and the K-1 Visa

K-1 Visa - Requires Man to file a USCIS Form I-129F - Petition for Alien Fiancée

If you you want to marry your Filipina fiancée in the United States, then you must file a petition with USCIS on behalf of your fiancée. When your petition is approved, your fiancée will need a visa issued at a U.S. Embassy or consulate abroad. The marriage
must take place within 90 days of your fiancée entering the United States. If the marriage does not take place within 90 days or your fiancée marries someone other than you, she is required to leave the United States. Until the marriage takes place, your fiancée is considered a nonimmigrant. You and your fiancée 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. If at anytime it is discovered that you or your fiancée is married to someone else, then your I-129F petition will be denied. You must also have met with your fiancée in person within the last two years before filing for the fiancée visa. This requirement can be waived only if meeting your fiancée in person would violate long-established customs, or if meeting your fiancée would create an extreme hardship for you (It is very rare to have the in person requirement waived). You will have 90 days to marry your fiancée after she enters the United States.

Steps for obtaining a K-1 visa as explained by the U.S. Embassy in Manila

STEP 1: File the Petition. File the I-129F petition with the U.S. Citizenship and Immigration Services (USCIS) office that covers your permanent place of residence. The Form I-129F is available at the Department of Homeland Security public queries window or Window 44 at Embassy Manila. The petition must be filed in the United States.

STEP 2: USCIS approves the petition. Once the petition is approved, USCIS sends it to the National Visa Center (NVC). NVC forwards the petition to the Embassy in Manila. This process generally takes 4-6 months.

NOTE: Approval of a visa petition does not necessarily mean a visa will be issued. Only a consular officer at the Embassy may determine a person’s eligibility to receive a visa.

STEP 3: The applicant is notified. When the Embassy receives the approved petition, it schedules the applicant for medical examination and visa interview. The applicant will be notified of the appointments and will be provided instructions on how to apply for the visa. NOTE: It is important that the petition has the beneficiary’s correct address and contact number, otherwise the Embassy will not be able to send the K packet, the medical and visa interview appointments to the beneficiary. The NVC and the Embassy must be informed of any change in the beneficiary’s address.

STEP 4: Apply for the visa. After the applicant pays the non-refundable application/processing fee and completes the required medical examination at St. Luke's Medical Center Extension Clinic, he/she appears at the Embassy for the scheduled visa interview with all the required documents.

The consular officer adjudicates the application based on the visa interview, documents submitted by the applicant and any relevant information available to the Embassy, and determines the applicant’s eligibility to be issued the K visa. If the application is approved, the visa will be delivered to the applicant's residence by a guaranteed courier service in 7 to 10 days. If the consular officer determines that the applicant is not eligible for visa issuance, this will be explained to the applicant who will be provided a written refusal sheet that informs her/him:

1) how the visa refusal may be overcome with additional documentation or information;

2) to await notification from the Embassy if the case will require further review; or

3) the basis for the determination of visa ineligibility under U.S. immigration law and if a waiver of ineligibility is available.

What are the main reasons K-1 Visas are denied according to the embassy?

K1 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. 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. An American may terminate a Filipino marriage through a U.S. divorce.

My Personal thoughts on why K-1 Visas are denied.

To me it is all about common sense. You need to have documentation to establish your relationship. You need to have a relationship that spans many months and not weeks. You should be very honest and careful filling out your petition. Being a 55 year old man and petitioning a 18 year old lady puts you at greater risk of being denied. Try to be low key and do not say or do things that brings attention to your petition. Be patient and respectful when dealing with embassy employees, even if you do not get the same treatment.

How long does it usually take for an approval of a K-1 Visa?

From what I have seen it usually takes 6-12 months from the date the petition is approved for the K1 visa to be issued. Of course if an investigation takes place, or the applicant does not satisfy all the application requirements, visa issuance may take even longer. You do not have to be with your fiancee during the interview process. Some people even thinks it irritates the Embassy when the men tag along to keep an eye on things.

Because of the time involved in processing the application for a K-1 visa, both parties should gather as much documentation as soon as possible. Usually the Filipina lady has the most trouble getting her documents due to the Philippines government which takes forever to do most anything. While you can offer to help your Flipina lady with her documents, make sure you do not try and throw your weight around in the Philippines. Remember, you are the foreigner in the Philippines and you should be careful not to piss off the wrong person.