A Fiance Visa filing can be a long process, that causes a lot of stress for both fiances. The Visa requirements can be confusing and the process overall can be hard to understand. This post will tie together a lot of our related Manila Philippines Fiance Visa articles, as well as giving that overview to help make things more understandable.
Step 1 of the process essentially recognizes the relationship and confirms all eligibility has been met. Step 2, in many cases, tests the fiance on the relationship, re-confirms eligibility, and reviews the Filipina(o) criminal record, if any. Step 3 confirms the marriage after entry on the K1 Visa and verify that the marriage is for love and to start a life together. Once confirmed by USCIS, the K-1 changes or adjusts to Lawful Permanent Resident (aka Green Card).
The below blog post helps locate the USCIS Tool to see up-to-date processing times. If a filing is taking too long, it is best to see if it is processing at the same pace as others.
If the filing is processing slowly, the USCIS Website has an electronic request submission feature that would ask for a USCIS Officer to look into the matter and see what is the delay. The link to that submission feature should be used after checking the average processing time. It is not possible to submit a request early. Only requests outside of normal processing time are able to use the following Electronic Request Submission link: https://egov.uscis.gov/e-request/displayONPTForm.do?entryPoint=init&sroPageType=onpt
Our office has an Immigration Checklist here: https://www.fickeymartinezlaw.com/immigration-checklist/
Below is a template our office has created to assist:
There are generally 2 interviews.
The Manila Embassy provides the following instructions for consular interviews: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html
The I-134 is an Affidavit of Support. The I-134 and its financial supporting documents are required in the Fiancee Visa Process. The affidavit of Support allows the US Embassy to evaluate the financial stability of the US Citizen and their ability to support the foreign fiance. More information on the I-134 may be found here: /immigration/youtube-the-i-134-affidavit-of-support/
Many believe the baby or newborn would need a visa to enter the US. Although the K-2 Visa is available for children of a K-1, any children of US Citizens should determine whether the baby would acquire US Citizenship at birth. The CRBA Process (More info found here: /immigration/children-born-abroad-how-to-get-citizenship-from-parents/ ) registers the birth in Manila or in Cebu, whichever US Embassy or Consulate is available, and provides the US Citizen child a US Passport, a US Social Security Card, and a proof of US Citizenship in the form of a CRBA Certificate that will never expire.
The K-2 Visa can be more economical and allows to keep the parent and children together as they immigrated to the US. The catch, a child who is leaving the Philippines forever should have a court order by a Philippine Judge authorizing the parent to have the power to take the child out of the Philippines and to have the power to immigrate to the US, regardless of any protests from the other biological parent.
Alternatively, some may utilize a “Notarized Statement / Agreement” between Biological Parents regarding immigrating to the US. However, if the agreement ceases, one parent contests or withholds consent, the child may not be able to acquire or use a K-2 Visa to leave the Philippines with one Biological Parent.
If you require assistance with the Philippine Fiance Visa process, please consider contacting our office to set up a consultation with our Immigration Attorney.
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