Fiancee Visa (K1 Visa) Former CSC (INS) Adjudicator

Fiance(e) Visa Processing in Manila, Philippines

 
 
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American citizens who plan to marry their Filipino fiance(e) in the United States must file an I-129F petition with the USCIS office that has jurisdiction over the petitioner's place of residence.

Once approved, the I-129F petition is sent to NVC which forwards it to the Embassy in Manila. The Embassy will send the Filipino fiance(e) information on how to apply for the K1 visa including the medical examination and visa interview dates.

Generally, it takes 8-12 months from the date the petition is approved for the K1 visa to be issued. If a field investigation is required and if the applicant does not satisfy all the application requirements, visa issuance may take even longer. The presence of the U.S. citizen is not required during the fiance(e)’s visa interview.

Because of the time involved in processing the application for a K-1 visa, it is recommended that the petitioner and beneficiary gather the required documentation for the visa application at the earliest possible time.

Children (unmarried and below 21 years of age) of a K1 applicant may derive immigration benefits from the same I-129 petition and are issued “K2” visas. Children identified in the approved I-129F petition are called “derivatives”. Derivatives may apply at the same time as the principal applicant parent or may apply later but must be issued K2 visas within one year from the date the K1 visa was issued to the principal applicant parent. Derivatives who are following to join the principal applicant parent must apply for their K2 visas in a timely manner to allow visa issuance within the required period.

The I-129F Fiance(e) petition is valid for four months from the date of its approval. If the petition expires, a consular officer may revalidate it for another four months provided that both parties remain legally free to marry.

Application Procedures for the K Visa

STEP 1: File the Petition. File the I-129F petition with the U.S. Citizenship and Immigration Services (USCIS) office that covers your permanent place of residence. The Form I-129F is available at the Department of Homeland Security public queries window or Window 44 at Embassy Manila. The petition must be filed in the United States.

STEP 2: USCIS approves the petition. Once the petition is approved, USCIS sends it to the National Visa Center (NVC). NVC forwards the petition to the Embassy in Manila. This process generally takes 4-6 months.

NOTE: Approval of a visa petition does not necessarily mean a visa will be issued. Only a consular officer at the Embassy may determine a person’s eligibility to receive a visa.

STEP 3: The applicant is notified. When the Embassy receives the approved petition, it schedules the applicant for medical examination and visa interview. The applicant will be notified of the appointments and will be provided instructions on how to apply for the visa. NOTE: It is important that the petition has the beneficiary’s correct address and contact number, otherwise the Embassy will not be able to send the K packet, the medical and visa interview appointments to the beneficiary. The NVC and the Embassy must be informed of any change in the beneficiary’s address.

STEP 4: Apply for the visa. After the 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. Interviews of K applicants are scheduled only on Fridays.

The consular officer adjudicates the application based on the visa interview, documents submitted by the applicant and any relevant information available to the Embassy, and 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 visa ineligibility under U.S. immigration law and if a waiver of ineligibility is available.

©2005 Law Office of George M. Sabga Jr. All rights reserved.