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Archive for 5. July 2009

K-1 Fiancee Visa Interview at the Philippines: Documents to Bring (extensive checklist)

You must bring the following documentation when you come to the Embassy for your interview:  

                        1. PROOF OF PAYMENT. The application fee for a K1 or K2 nonimmigrant visa is US$131, payable only in Philippine pesos at the prevailing exchange rate. The fee should be paid by each applicant at designated branches of Banco de Oro (BDO) within Metro Manila and other key cities in the Philippines. Citibank’s corporate center branch at Paseo de Roxas,

Makati

City will continue to accept payment. The bank will validate your payment on the DS-156 Nonimmigrant Visa Application Form or on the DS-157 Supplemental Nonimmigrant Visa Application Form. The payment is valid for one (1) year.

                         2. REQUIRED DOCUMENTS. It is important that you submit ALL of the following documentation to facilitate the processing of your application. You may be asked to return for another appointment if you fail to bring any of these documents:  

a. PASSPORT. You must have a passport valid for at least six (6) months. If you do not have one, you should apply in person at the Passport Division of the Department of Foreign Affairs (DFA), Roxas Boulevard, Pasay City, Metro Manila. For passport renewal, you can call the DFA Information

Center at 02-737-1000.

b. DS-156 NONIMMIGRANT VISA APPLICATION. Each applicant must submit two (2) completed copies of this form.                        

c. DS-157 SUPPLEMENTAL NONIMMIGRANT VISA APPLICATION. Each applicant must submit two (2) completed copies of this form.

 

d. DS-156K NONIMMIGRANT FIANCE(E) VISA APPLICATION. Each K1 applicant must submit one (1) completed copy of this form.                       

 

e. BIRTH CERTIFICATE. Your birth certificate should be a copy issued by the National Statistics Office (NSO) and printed on NSO security paper. If applicable, you should also submit NSO birth certificates for all your children, even for those who are not applying for a visa. You may call the NSO Information Center at 02-737-1111 to inquire on securing a birth certificate. If the NSO does not have a copy of the birth certificate, you must obtain a statement about its unavailability from the NSO and obtain a certified original copy (not an extract) of the birth certificate from the local registrar in the town where you were born.

 f. NBI CLEARANCE. Applicants aged 16 years and older must have a valid Record Clearance for Travel Abroad Purposes from the National Bureau of Investigation (NBI). Clearances should be in the applicant’s current name, birth certificate name, maiden name and any aliases or nicknames used, including different spellings you have used of those names. For immigration purposes, an NBI clearance is valid for one (1) year from the date it was issued.  

g. OTHER COUNTRY POLICE CERTIFICATES. Applicants aged 16 years and older must also present police certificates from other countries where they have lived for six (6) months or more after reaching the age of 16. As with NBI clearances, foreign police certificates should be obtained in any maiden names, aliases or nicknames used while in the country in question, including different spellings you have used of those names.

 

h. COURT AND PRISON RECORDS: Applicants who have been arrested, charged or convicted of a crime must present copies or transcripts of court or prison records relating to the crime or offense.

 

i. MILITARY OR POLICE SERVICE RECORDS: Applicants who served in the military or police should present certified copies of their military or police service records.

 

j. EVIDENCE OF A MEETING PRIOR TO THE PETITION. You and your petitioner must have physically been together at some point within two years before the petition was filed. Proof of this meeting should be submitted unless the U.S. Citizenship and Immigration Services (USCIS) waives this requirement. A few photographs of the applicant and petitioner together during the specified time may serve as evidence of this requirement.

 

k. EVIDENCE OF A GENUINE ENGAGEMENT. You must be prepared to show documents that you have a genuine relationship with your petitioner and a clear intention to marry.  Letters, e-mails, phone records, bank records, photographs, or other evidence of a genuine fiancé(e) relationship should be submitted.

 

l. PROOF OF TERMINATION OF A PRIOR MARRIAGE. If applicable, official documents (divorce decree, annulment decree or death certificate, etc.) that prove all prior marriages contracted by you and the petitioner have been legally terminated prior to the filing of the petition must be submitted.

 

m. CERTIFICATE OF NO MARRIAGE RECORD (CENOMAR). If you have never contracted marriage, a CENOMAR (Singleness) issued by the National Statistics Office (NSO) and printed on NSO security paper should be submitted. You may call the NSO Information

Center at 02-737-1111 to inquire on securing a CENOMAR.

n. EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed Affidavit of Support Form will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the affidavit of support.

o. VISA PHOTOGRAPHS. You must bring two (2) colored photographs printed according to given specifications. The specifications for visa photos should be strictly observed.

 

p. MEDICAL EXAMINATION. All K1 and K2 visa applicants must complete a medical examination at St. Luke’s Extension Clinic. Refer to the instructions (see separate page) regarding the medical examination.

 

For legal assistance with your K-1 fiance visa petition and interview in the Philippines, call T.S. Huang, immigration attorney, at 626-771-1078 or visit www.myfianceevisa.com


K-1 Fiancee Visa or K-3 Spousal Visa?

We often get questions regarding which visa to apply for. Is it better to bring a fiancee over on the K-1 fiancee visa or marry him/her abroad and apply for a K-3 spousal visa. The chart below provides some helpful information which should help you determine which option is better for you and your spouse.

K-1 Visa

K-3 Visa

IR-1 Visa

 

Visa type

 

Non-immigrant

 

Non-immigrant

 

Immigrant

Approximate total processing time

9-12 months

9-12 months

12-24 months

Where do I file the petition?

Only in U.S.

Only in U.S.

May file abroad

What petition form do I file?

I-129F only

I-129F and I-130

I-130 only

Are there any major restrictions I should know about?

Single entry. Valid for 6 months; to marry petitioner within 90 days of entry to the United States and must adjust status.

Multiple entry. Valid for two years, but must adjust status within 2 years.

LPR status. Processing for green card begins on entry.

Can my fiancée/fiancé or spouse take her/his children?

Yes. Only unmarried children under 21 but must be issued K-2 visa within one year of the K-1 issuance.

Yes. Only unmarried children under 21.

Yes, but separate IR-2 petitions must be filed for each child. Stepchild must be younger than 18 years old at time of parent’s marriage.

Is an interview required?

Yes

Yes

Yes

Which Affidavit of Support do I use?

I-134

I-134

I-864

Does the Embassy need the original petition & documents from USCIS?

Yes.

Yes.

Yes.

For a personalized review of your available visa options, please call our law firm at 626-771-1078 or visit us at www.myfianceevisa.com


K-1 Fiancee Visa Denied in Philippines: Why?

K-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa denials are:

  • lacking documentation;
  • need to review or verify evidence;
  • lack of a petitionable relationship;
  • misrepresentation of the facts;
  • medical concerns;
  • 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.

If you were denied a K-1 fiancee visa at the U.S. embassy in Manila, and wish to have an attorney review your options, please contact us at 626-771-1078 or visit us at www.myfianceevisa.com


Fiance Visa Interview at the Philippines: What Documents Should I Bring?

A fiancé(e) is considered an intending immigrant and therefore must present documents similar to those required for an immigrant visa applicant. These include:

  • a valid Philippine passport;
  • a copy of the applicant’s birth certificate issued by the National Statistics Office (NSO) and printed on NSO security paper;
  • legal documents proving the termination of a previous marriage;
  • NBI clearance;
  • Police certificates 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 completed by St. Luke’s Medical Center Extension Clinic;
  • Visa photographs;
  • Evidence must be presented that the couple met in person within the past two years before the petition was filed.

Attorney T. S. Huang has been preparing K-1 fiance petitions for U.S./Filipino couples since 1997. Read more about the fiancee visa for Filipinos at www.fianceevisa.ws


Fiancee Visa in the Philippines: the K-1 Interview

After getting an approval for the K-1 petition at the USCIS, the approval notice is sent to the U.S. Embassy in Manila via the National Visa Center.

The Filipino 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. The consular officer 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 a visa ineligibility under U.S. immigration law and if a waiver of ineligibility is available.

If you are interested in applying for a fiance visa for your Filipino or Filipina fiancee, please contact us at 626-771-1078. We’ve been preparing these types of applications since 1997, and have a high success rate. Visit us at www.fianceevisa.ws.


I Married My Fiancee in the Philippines: How Do I Bring My Spouse to the U.S.?

U.S. citizens who wish to bring their Filipino spouse to the United States on a K-3 visa must file both the I-129F and I-130 petitions. These petitions are filed at the USCIS office that has jurisdiction over the petitioner’s place of residence.

The approved I-129F petition is sent to NVC for processing, which then forwards it to the Embassy in Manila.

Starting March 19, 2008, those applying for K-3 and K-4 visas who have been notified by the Embassy to prepare for their interview can call 1-909-101-7878 (within the Philippines) to schedule an interview appointment at the U.S. Embassy. The cost of the 909 service is U.S. $0.98 per minute; this amount will be charged to your telephone bill. Applicants, Agents or Petitioners calling from within the United States will also be able to use this service by calling 1-888-877-9888. The cost of the 888 service from the United States is a U.S. $18 PIN payable using a Visa or MasterCard once you have called into the service.

Applicants or their representatives must have the applicant’s Immigrant Case Number as given in the Embassy notification letter available when they call to schedule an appointment. Callers can speak with an English or Tagalog speaking operator.  The service is available to the public from 8:00 a.m. to 6:00 p.m., Monday to Friday, Manila local time.

On the day of the visa interview and at the discretion of the adjudicating consular officer, K-3/K-4 applicants may be asked to present secondary documents to support the claimed marital relationship. These documents may include letters, photographs, joint ownership of assets, bank accounts, and telephone bills. Otherwise, the documents for a K visa application are the same as those for immigrant visa applications.

It takes 6 to 12 months from the date the petition is approved for the K visa to be issued. If an investigation is required and if the applicant does not satisfy all the application requirements, visa issuance may take even longer. A U.S. citizen should not arrange to take the Filipino spouse back to the United States immediately following the marriage. No final travel plans should be made until a visa has been issued.

If approved, the K-3 visa can be used to enter and leave the United States for 24 months while the I-130 petition is being processed. Once the I-130 petition is approved, the Filipino spouse may adjust status to a lawful permanent resident.

Minor children of a K-3 applicant may derive immigration benefits from the same approved I-129F petition and are issued K-4 visas. The children may apply for visas at the same time as the principal applicant parent or may be following-to-join derivatives of a K-3 applicant, in which case they must apply for their K-4 visas before the principal applicant parent adjusts status in the United States.

The K petition is generally processed quicker than the IR petition. However, if the I-130 petition for the spouse is already at the Embassy, then it is advisable to pursue the IR application instead of the K-3. With an IR-1 visa, the beneficiary generally has no further processing requirements with the USCIS after arrival in the United States*.

For more information about the K-3 spousal visa for Filipino spouses of U.S. citizens, visit our law firm’s website at www.fianceevisa.ws We have been providing legal representation for U.S./Filipino couples since 1997.


Fiance Visa Medical Exam in Philippines

St. Luke’s Medical Center Extension Clinic (SLMCEC) in Manila, the Embassy’s accredited medical facility, charges U.S. $213.35 for adults (15 years and older) and U.S. $185.35 for children (under 15 years of age) for the medical examination fees. SLMCEC does not accept credit card or dollar payments. The fees must be paid in Philippine pesos at the prevailing exchange rate. 

If you missed your visa interview appointment at the U.S. Embassy in Manila because of additional medical tests, SLMCEC will schedule your embassy interview appointment within the next two working days. SLMCEC will give you an appointment slip. You should bring the appointment slip together with your original appointment letter to facilitate entry into the U.S. Embassy in Manila.

For more information about the fiance visa for citizens of the Philippines, visit www.fianceevisa.ws


Fiancee Visa for Filipinos: Paying for Your K-1 Visa Application at BDO

BDO accepts payments for U.S. K-1 visas well as other nonimmigrant visa applications. For a list of locations, click on the link below:

http://www.bdo.com.ph/pdf/USEmbassy_visapayment.pdf

For more information about the fiance visa for citizens of the Philippines, visit www.fianceevisa.ws


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