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Immigration / Visa Information to the USA

If you have found your true love and wish to bring her to the USA, you have two choices. You can petition her as your fiancée (fiancée visa) or you can marry her in the Philippines and petition her as your wife (Spousal visa). By far the best of these choices is the fiancée visa. A fiancée visa will take 90 days to process. If you marry in the Philippines it will take 12-18 months for your visa process. 

MARRYING IN THE USA

A citizen of a foreign country who would like to come to the United States to marry an American citizen and reside in the U.S. will have to obtain a K-1 visa.

PETITION

In order to petition your chosen one with a fiancée visa (I-129F), you have to have met the lady in person and have some evidence of a relationship. You should have pictures of the two of you together and should exchange plenty of letters. You should also have proof that you visited the Philippines in the form of airline tickets, hotel bills and the entry stamp in your passport. 

To establish K-1 visa classification for an alien fiance(e), an American citizen must file a petition, Form I-129F, Petition for Alien Fiance(e), with the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by INS to the American consular office where the alien fiance(e) will apply for his or her visa. A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer.

For a list of INS Offices in your area click Here

VISA INELIGIBILITY/WAIVER

Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.

APPLYING FOR A FIANCE(E) VISA

When you file INS form I-129F for your fiancée, you should include copies of the proof mentioned above. Once you file, you should receive notice of acceptance from the INS in about 4 weeks. After approval, your paperwork is sent to the State Dept. and then the embassy in Manila that takes another 6 to 7 weeks. Your fiancée is then informed by mail to complete a checklist that includes obtaining a passport, getting a national police clearance from the Philippines, obtaining a copy of her birth certificate and getting an Affidavit of Support from you. This is an INS form, which you can get at any INS office (I-134). It requires you to provide proof that you are financially able to support your fiancée and also requires you to guarantee her support. Anyone who makes over $20,000 per year can usually qualify. Once your fiancée has all the items on the checklist, she sends a form provided to the embassy in Manila and they schedule an interview for about 4 weeks later.

The consular officer will notify the beneficiary when the approved petition is received and provide to the beneficiary the necessary forms and instructions to apply for a "K" visa. A fiance(e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant. The following documents are normally required:

-- Valid passport
-- Birth certificate
-- Divorce or death certificate of any previous spouse
-- Police certificate from all places lived since age 16
-- Medical examination
-- Evidence of support
-- Evidence of valid relationship with the petitioner
-- Photographs*

*Two photographs 1 and 1/2 inches square (37x37mm), showing full face, against a light background.

MEDICAL EXAM

Before the interview, your fiancée will be required to undergo a physical examination, chest x-ray and blood test. She should take all the evidence of a relationship between the two of you to the interview including pictures and letters. I warn you now; during the interview the interviewer will read your mail. Yes, your most intimate correspondence will be read by a US Government official so don't say anything you don't want them to read.

The most important question your fiancée will be asked is "Why do you want to marry this man?" There is only one correct answer and that is "Because I love him". Assuming your fiancée passes the interview, she will return the next week to get her visa. After that, she has to attend a seminar put on by the Philippine government after which she can get on a plane and fly to your waiting arms. 

For a list of INS Offices in your area click Here

OTHER INFORMATION

Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiance(e). If found eligible, a visa will be issued, valid for one entry during a period of six months. A non-refundable $45.00 application fee is collected.

AFTER ENTRY INTO THE U.S.

The alien fiance(e) must apply for work authorization with the INS. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the INS for removal of the conditional status.

Once in the USA, you must marry your fiancée within 90 days or put her on a plane back to the Philippines. Once married, you go to the INS and file a "Change of Status" form. The INS will then schedule an interview for the both of you. 

MARRYING IN THE PHILIPPINES

If you desire to be married in the Philippines, you must first obtain an "Affidavit of Legal Capacity to Marry", a legal document to satisfy government officials in the Philippines that you can legally marry your intended. To do this, you take your passport, birth certificate and copies of divorce papers to the embassy in Manila or the consulate in Cebu. You must also take your prospective bride, her birth certificate, photo ID and a lot of letters between you to prove that you have established a relationship. You will not receive this unless you have been writing for at least 6 months and have lots of letters to prove it. Anti-immigration sentiment in the USA has caused State Dept officials to be much tougher. 

Assuming you pass this hurdle, you apply for a marriage license and can get married 10 days after it is issued. You can apply for the marriage license at the municipal hall of the town where intended lives. Once you get back home, you file INS form I-130 and wait and wait and wait. The procedure is much the same as for the fiancée visa but seems to take a lot longer. I guess the fiancée visa goes faster because it is just a visitors' visa and not an immigrant visa. Your bride will have to make a special trip to Manila to get fingerprinted before they schedule an interview. These fingerprints are sent to the FBI fingerprint center in Washington and adds 6 to 8 weeks to the whole process.

In total, getting married in the Philippines takes about 9 to 15 months longer than petitioning her as your fiancée. Some of these girls want to be married in the Philippines in front of their family and friends. This can be accomplished at some future date after your bride has permanent residence by both of you returning to the Philippines to get married again or just get married in the Philippines and wait. 

ADDITIONAL INFORMATION

FAMILY MEMBERS

The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required.

EMPLOYMENT

  The alien fiance(e) must apply for work authorization with the INS.

FORMS

http://www.ins.usdoj.gov/graphics/index.htm

You can, on your own, fill out all of the papers, as I did, and have a successful application. However, in case you need it, for all your immigration needs, whether it's fiancée or spousal, look at the EZ-DO-IT Fiancée Kit. It includes: 

  • Your guide "Bringing Your Foreign Fiancée Home." 
  • All necessary INS forms for the visa process necessary to get your new bride (or groom) to the United States. 
  • Complete reference list of addresses and phone numbers to INS centers and American Consulates and Embassies abroad.
  • Your Package Gives You These Fantastic Advantages…
    What the INS doesn't tell you that they want. Your guide outlines all of the nuances, no matter what your situation is, to ensure that the package you submit is complete and processed without requests for additional information. 
  • Gives you great advice on such matters as to where to get married and where not to, children and other family members, what information she should have, how long it should take and how long it might take, and much, much more! 
  • This guide is an outstanding reference throughout the entire process and is a must-read, even if you are just considering embarking on the process. 
  • Tells you how to monitor the progress of your application and what to do if you find the INS is ignoring you. 
  • How to expedite the final steps of getting her visa once you have approval.   

Just revised in June, 2000 to include newly enacted laws and policies. It is absolutely the most current and complete package available today.   

Immigration – Australia & New Zealand

Here's a quick run down:

First you must have met your fiancée. She can get a 3-month visitors visa to Australia or you can visit her country. You get automatic 21-day visa when you enter. For a longer period go to a Philippines consulate in Australia before you go.. (Otherwise you will pay large bribes if you try to extend in the Philippines)

Then she must apply at the Australian embassy nearest to her. It will cost $1,000 AU (unless it's gone up again) to apply. You also have to pay a small amount to get the required documents first. She must apply in her own country.

Fill out all the forms very carefully and supply A LOT of evidence to support the fact that your relationship is genuine. Photo's, letters (envelopes) etc. You should get a list with the application papers. Everything she needs is in the papers. Includes birth certificate, NBI - this must be less than 6 months old. NSO – etc.

It usually takes 4 - 8 months to go through. The better your paperwork, the quicker. After 3 months you can ring up and ask the receptionist to look on her computer by quoting your application number.

Immigration – The United Kingdom (England)

All Philippine citizens must have a visa before they can enter the United Kingdom, or indeed before they can board a flight to the UK. Applications are made to the British Embassy and the address is as follows:

The British Embassy
Floors 15-17
L V Locsin Building
6752 Ayala Avenue
Corner Makati Avenue
1226 Makati City
Metro Manila
Philippines

Telephone: 00 63 2 816 7271 or 00 63 2 816 7272 or 00 63 2 816 7348
Fax: 00 63 2 810 2745

Please note the different types of visa available (see below).

Note especially that fiancée visas are not available if the couple has not met.
The only possibility then is a visitor's visa - and the lady must return to the Philippines when her visit has finished.

All applicants are interviewed by the British Embassy in Manila.

When visa applications are submitted the applicant is given a date to attend for interview. This date could be a matter of 8 - 10 weeks later. There is also a British Consulate in Cebu:

British Consulate
35 Paseo Eulalia
Maria Luisa Estate Park
Banilad
6401 Cebu City
Philippines

Telephone: 00 63 32 460525
Fax: 00 63 32 460269

MARRIAGE IN THE PHILIPPINES

Deciding to Marry

When you decide that you intend to get married in the Philippines you must approach the Registrar for Marriages for the area in which you live in the United Kingdom. This will cost £21. On weekdays only, go to the Marriage Registrar's Office and inform the Registrar that you intend to marry overseas. Bring with you your Birth Certificate or Passport and, if divorced, your Divorce Decree Absolute.
You will be asked a number of questions about yourself and the intended bride -
her name, age, address and occupation. You will be asked where you intend to get married - just state the name of the town/city where the lady is living and state City Hall or church for the actual location of the marriage. It will not matter if, in fact, you decide to marry somewhere else in the Philippines.

Issue of Certificate

After 21 days the Marriage Registrar will issue you with a certificate that declares that you are free to marry - the certificate is valid for six months. This certificate must be brought with you to the Philippines and has to be submitted to the British Embassy in Manila.

Certificate from the British Embassy

When you arrive in the Philippines you bring the Certificate that was given to you by the Marriage Registrar and your Passport to the British Embassy in Manila.
You request a Certificate of No Impediment to Marriage and this will be issued in a few minutes for a fee of about £21. The Philippine Authorities will call this certificate the Certificate of Legal Capacity to Contract Marriage. When visiting the British Embassy you go to the uncrowded Consular Section and not to the Visa Section that is very crowded.

Philippine Marriage Registrar

In order to get married the couple has to visit the Philippine Marriage Registrar for the area they intend to get married in. The man must produce his passport and the Certificate of No Impediment to Marriage issued by the British Embassy.
The lady will have to present her Birth Certificate, Resident's Certificate and a
pre-printed letter of consent from her parents if she is less than 25 years of age.

Length of Time After the couple has applied to be married they have to wait 10 days for the Marriage License to be issued. Once the Marriage License has been issued the couple can marry straight away or whenever they wish. While waiting for the Marriage License the couple could be arranging who will marry them and where they will marry - and of course, the marriage can take place as soon
as they have the Marriage License.

Who will perform the Marriage?

A judge, mayor, priest or minister of any religion or sect can perform the marriage. It would be a good idea to enquire what fee a judge or mayor might be expecting. Ministers of religion are not concerned about fees since their church may well have a set fee for a wedding that is likely to be low.

Church Marriages

If you are intending to be married in a church then you approach the minister of religion directly and make the necessary arrangements. Experience shows that marrying in Protestant Churches is quite easy.

Marriage in the Catholic Church

If marrying in the Catholic Church certain requirements need to be met. It should be noted that the Catholic Church is not at all keen on quick marriages and a lot will depend on the priest concerned. Catholics should bring their Baptismal Certificate and First Holy Communion and Confirmation certificates would be useful. The Baptismal Certificate is essential even if the other certificates cannot be found. Non-Catholics could bring along their baptismal certificates also. Catholics could bring a letter from their parish priest that could help their case if the Catholic Church is unwilling to marry the couple. Men who are divorced may not marry in the Catholic Church.

The best Policy would be for the lady to see her Parish Priest well in advance of your arrival in the Philippines in order that she can find out what the policy of the church is. It is unlikely that genuine couples will have problems marrying in the Catholic Church. The lady may be expected to attend some instruction sessions on marriage which she can attend before you arrive.

ESSENTIAL

Make absolutely sure you have all the documents from the Philippine Marriage Registrar that will be required by the British Embassy when application is made for the visa. The lady could check out these details on marriage before you arrive - this saves valuable time during the limited duration of your stay.

VISA REQUIREMENTS (PHILIPPINE WIVES)

Once marriage has taken place in the Philippines it will be necessary for the bride to apply for a visa in order that she can settle in the United Kingdom with her husband. All applicants are interviewed (not their husbands) and there can be a wait of several weeks for the interview. The interview is not a formality and there are refusals.

Requirements

The bride must complete and sign Visa Application Forms IM2A, IM2B and an index card that are obtained from the British Embassy in Manila. The bride must submit her passport and two passport size photographs. A substantial visa processing fee is payable in Philippine currency. The husband of the bride must provide evidence that he is a British citizen. Such evidence would be his passport if he happens to be in the Philippines when the visa application is being submitted. Alternatively, photocopies of the pages of his passport showing his personal details, photograph and Philippine Immigration entry stamps.

Details of the Philippine marriage documents must be provided as follows:

  • Original Marriage Contract plus one photocopy of this contract. 
  • Certified true copy of the Marriage License plus one photocopy of this license ('Certified' means that the Philippine Marriage Registrar or an attorney declares that the document is a true copy). 
  • Photocopy of the Certificate of No Impediment issued to the husband by the British Embassy in Manila. 
  • All of the documents listed in 5(a). 5(b). 5(c) must be submitted exactly as stated.

If they are not, the visa application will not be accepted until they are handed in. The man must provide evidence that he can maintain both himself and his wife in the United Kingdom. Such evidence would be the following:

  • Bank statements for the past six months.
  • Photocopies of building society savings books or Post Office Savings books or other evidence of savings. 
  • Additional evidence would be monthly/weekly wage slips going back six months or the yearly statement of pay/tax provided by the Inland Revenue each April
  • Self-employed men should provide a statement from their accountant.

The man must provide evidence that he has adequate accommodation for himself and his wife in the United Kingdom. Such evidence would be the following:

  • A letter from the building society or other mortgage lender stating that the mortgage is being paid for a property or the annual statement of account from the mortgage lender. 
  • If the accommodation has been paid for then a copy of the title deeds to the property should be submitted. 
  • If the accommodation is being rented a photocopy of the rent book or some other
    evidence to show that rent is being regularly paid. 
  • If the man is in the process of purchasing a property it would be a good idea to provide evidence of this also. 
  • If the lady has any children then their birth certificates and photocopies should be submitted.
  • The British Embassy must be satisfied that the couple intend to live permanently together as husband and wife, and that the lady has not married just to gain admittance to the United Kingdom. 
  • Correspondence between the couple prior to the marriage might be useful to include.

Submission of Visa Application

All the items mentioned are handed to the British Embassy in the morning and one returns the next day to be told the interview date or of requests for further details. The interview date may be several weeks beyond the date when the application is submitted.

VISA REQUIREMENTS (PHILIPPINE FIANCÉES)

Once a man and a Philippine lady decide that they will marry in the United Kingdom it will be necessary for the lady to apply for a visa in order that she can enter the United Kingdom. All applicants are interviewed (not their fiancés) and there is a waiting list. The interview is not a formality and there are refusals.

Requirements

  • The lady must complete and sign Visa Application Forms IM2A, IM2B and an index card that are obtained from the British Embassy in Manila. 
  • The lady must submit her passport and two passport size photographs. A substantial visa processing fee is payable in Philippine currency.
  • The man (fiancé) must provide evidence that he is a British citizen. Such evidence would be his passport if he happens to be in the Philippines when the visa application is being submitted. 
  • Alternatively, photocopies of the pages of his passport showing his personal details, photograph and Philippine Immigration entry stamps. 
  • Evidence must be provided that the couple has actually met each other. Such evidence would be a photograph of the couple together. 
  • Letters written over a period of time should be submitted - this would be an indication that the couple has been corresponding for a lengthy time. 
  • Evidence must be provided that both man and lady are free to marry. If either has been married before the Divorce Decree Absolute or death certificate of the former spouse must be submitted. 
  • The man must obtain a certificate that he is free to marry from the British Marriage Registrar for the area he is living in.
  • Evidence must be provided that the couple intends to marry within six months of the lady's arrival in the United Kingdom. 
  • A letter from the man stating that marriage will take place within six months is sufficient - an indication of the likely date and location would be useful.

The man must provide evidence that he can maintain both himself and his wife in the United Kingdom. Such evidence would be the following:

  • Bank statements for the past six months.
  • Photocopies of building society savings books or Post Office Savings books or other evidence of savings. 
  • Additional evidence would be monthly/weekly wage slips going back six months or the yearly statement of pay/tax provided by the Inland Revenue each April. 
  • Self-employed men should provide a statement from their accountant.

  • The man must provide evidence that he has adequate accommodation for himself and his wife in the United Kingdom. Such evidence would be the following:

  • A letter from the building society or other mortgage lender stating that the mortgage is being paid for a property or the annual statement of account from the mortgage lender. If the accommodation has been paid for then a copy of the title deeds to the property should be submitted. 
  • If the accommodation is being rented a photocopy of the rent book or some other evidence to show that rent is being regularly paid.
  • If the man is in the process of purchasing a property it would be a good idea to provide evidence of this also. 
  • Evidence showing where the lady will be staying before the marriage - for example, if staying with relatives a letter from the relative stating this. Of course, it might be the case that the couple will be living in the same accommodation before the marriage is to take place. 
  • If the lady applicant has any children their birth certificates (plus photocopies) must be submitted. 
  • Submission of Visa Application

All the items mentioned are handed to the British Embassy in the morning and one returns the next day to be told the interview date or of requests for further details. The interview date may be several weeks beyond the date when the application is submitted.

If granted, the visa is valid for six months. The lady must return to the Philippines if she doesn't get married before the six months have expired.

VISA REQUIREMENTS (PHILIPPINE VISITORS)

If a Philippine lady wishes to visit the United Kingdom it will be necessary for her to apply for a visa in order that she can travel to the UK. Visitors from the Philippines are likely to be relatives of families living in the UK or friends of pen pals. Most applicants are interviewed and there is a long waiting list for people intending to visit pen pals. The waiting list (if any) for relatives is much shorter. It is, of course, the applicants who are interviewed - not those they are visiting.  

Requirements

  •  The applicant must complete and sign Visa Application Form IM2A and an index card that are obtained from the British Embassy in Manila.
  • The applicant must submit a passport and two passport-size photographs.
  • A visa processing fee is payable in Philippine currency
  • The applicant must provide evidence of sufficient funds for the visit. Such evidence would be a Philippine Bank savings book, Philippine income tax return etc.
  • If the applicant is employed a letter from the employer granting leave of absence for the visit.
    Letter of invitation from the person being visited in the United Kingdom. This person should state that he/she intends to maintain the applicant while she is in the UK.

 It is unlikely that the applicant would have sufficient funds for the visit to the UK.
Therefore the British Embassy will require evidence that the person who is inviting the applicant to the UK has sufficient money and accommodation to maintain the visitor in the UK. Such evidence would be the following:

  • Bank statements for the past six months.
  • Photocopies of building society savings books or Post Office Savings books or other evidence of savings.
  •  Additional evidence would be monthly/weekly wage slips going back six months or the yearly statement of pay/tax provided by the Inland Revenue each April. Self-employed men should provide a statement from their accountant.
  •  A photocopy of the rent book or mortgage account would provide evidence that the person issue the invitation has sufficient accommodation for the visitor.
  • Submission of Visa Application

All the items mentioned are handed to the British Embassy in the morning and one returns the next day to he told the interview date or of requests for further details.

The visa is valid for six months.

Once the visitor is in the UK she cannot extend her stay and MUST RETURN TO THE PHILIPPINES. If the visitor marries, for example, she will still have to return to the Philippines and apply for a visa for permanent settlement in the UK.

LONG TERM RESIDENCE IN THE UK

On arrival in the UK a foreign lady with a wife visa has an immigration stamp made in her passport entitling her to reside in the UK for up to one year from the date of her arrival.

She may work during this time if she wishes.

Towards the end of this 12 month period she must apply to the Immigration and Nationality Directorate (IND) for leave to remain in the United Kingdom indefinitely.

The IND is a branch of the Home Office. Application forms can be obtained from its headquarters in Croydon. The address is as follows:

Immigration & Nationality Directorate
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

Telephone: 0181 686 0688

It is best to make the application by post, since the office itself is always crowded with a queue of people waiting for several hours.

A lot of documents have to be submitted with the application; a similar checklist to those for a visa application.

The IND can also advise on the requirements that have to be met for the eventual acquisition of British Citizenship.  

 

 

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