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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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