How to Get a Fiancé Visa for USA From Philippines
The journey to unite with your loved one in the United States can be an exciting yet complex process. If you are a Filipino citizen engaged to a U.S. citizen, you may be eligible to obtain a fiancé visa, officially known as the K-1 visa. This visa allows you to enter the United States to marry your American partner within 90 days of arrival. To help you navigate through the application process smoothly, here is a step-by-step guide on how to get a fiancé visa for USA from the Philippines.
Step 1: Petition
The U.S. citizen must file a petition on behalf of their Filipino fiancé with the United States Citizenship and Immigration Services (USCIS). This petition, known as Form I-129F, is specifically designed for the K-1 visa application. The petitioner must provide evidence of their intention to marry within 90 days of the foreign fiancé’s arrival.
Step 2: Approval
Once the petition is approved by the USCIS, it will be forwarded to the U.S. Embassy or Consulate in the Philippines. The petitioner will receive a Notice of Action confirming the approval, and the case will be assigned a unique case number.
Step 3: Visa Application
The foreign fiancé must then complete the nonimmigrant visa application (Form DS-160) online. The application requires personal information, background details, and a recent photograph. Upon completion, the applicant must print the confirmation page for the interview.
Step 4: Medical Examination
Next, the foreign fiancé must undergo a medical examination approved by the U.S. Embassy or Consulate. The designated physicians will conduct a thorough examination, including vaccinations, to ensure compliance with U.S. health requirements.
Step 5: Interview
The U.S. Embassy or Consulate will schedule an interview for the foreign fiancé. During the interview, the applicant will be asked questions about their relationship, background, and intentions in the United States. It is important to provide honest and consistent answers to the consular officer.
Step 6: Visa Issuance
If the interview is successful, the foreign fiancé will be issued the K-1 visa. The visa will be affixed to the applicant’s passport, allowing them to travel to the United States.
Step 7: Travel and Marriage
Once the visa is received, the foreign fiancé can travel to the United States. Remember, the marriage must take place within 90 days of arrival. After getting married, the foreign spouse can begin the adjustment of status process to become a lawful permanent resident.
FAQs:
Q1. How long does the K-1 visa process take?
The average processing time for a K-1 visa application can vary. It usually takes around 6 to 9 months from the time of filing the petition to the visa issuance. However, processing times can be affected by various factors, including the USCIS workload and the embassy’s schedule.
Q2. Can I visit my fiancé while waiting for the visa?
While the K-1 visa is in process, it is possible to visit your fiancé in the United States using a visitor visa. However, it is vital to demonstrate your intention to return to the Philippines and not overstay your visit.
Q3. Can my children accompany me on a K-1 visa?
Yes, your unmarried children under the age of 21 may be eligible to accompany you to the United States on K-2 visas. The U.S. citizen petitioner must include their names in the original I-129F petition.
Q4. Can I work in the United States on a K-1 visa?
After entering the United States on a K-1 visa, you must apply for a work permit to legally work. This requires filing an Application for Employment Authorization (Form I-765) along with supporting documents.
Q5. What happens if we do not get married within 90 days?
If you fail to get married within the stipulated 90 days, your K-1 visa will expire, and you will be required to leave the United States. Failure to comply with visa regulations may negatively impact future visa applications.
Q6. Can the K-1 visa be extended?
In general, the K-1 visa cannot be extended. However, in exceptional circumstances such as unforeseen medical emergencies or other significant reasons, you may request an extension by filing a Form I-129F with the USCIS.
Q7. Can I apply for a K-1 visa if I have been previously married?
Yes, previous marriages are not a barrier to obtaining a K-1 visa. However, you must provide proof of the termination of any previous marriages, such as divorce certificates or death certificates.
In conclusion, obtaining a fiancé visa for the USA from the Philippines requires careful planning, thorough documentation, and patience. Following the step-by-step guide and understanding the FAQs will help you navigate the process successfully. Remember, seeking professional guidance from an immigration attorney can also be beneficial to ensure a smooth and hassle-free journey to your new life together in the United States.