Love and Marriage and Migrating to the U.S.

A Practical Guide to Immigration for Filipino Spouses and Fiancé(e)s of American Citizens

U.S. citizens have a number of options to bring their Filipino spouses or fiancé(e)s and their children to the United States to become lawful permanent residents. These options fall under the IR, CR and K visa categories, each having its own set of requirements and procedures.
 

Bringing the Filipino Spouse to the United States

Marriage to a U.S. citizen does not automatically grant U.S. residence or citizenship to the Filipino spouse. He or she must be petitioned by the American spouse and apply for a visa to enter the United States. The Filipino spouse may enter the United States on a K-3 nonimmigrant visa, CR1 immigrant visa or IR1 immigrant visa. These three spouse based petitions are issued to qualified beneficiaries of American citizens only. Individuals who are petitioned for by lawful permanent residents do not qualify for a K-3, CR or IR visa.

A spouse of a U.S. citizen is considered an immediate relative (IR) and is immediately eligible to apply for an immigrant visa under the IR category. The Filipino spouse must be the beneficiary of an I-130 approved by the U.S. Citizenship and Immigration Services (USCIS). This petition must be filed at the USCIS office that has jurisdiction over the petitioner's (American spouse) place of residence. NOTE: Active-duty U.S. military personnel and other U.S Government personnel are considered domiciled in the United States while serving overseas.

Children (below 21 years of age and unmarried) of the Filipino spouse are also eligible to apply for IR visas if individual petitions are filed on their behalf by the U.S. citizen spouse. Under U.S. immigration law, only children under the age of 18 at the time their natural parent married a U.S. citizen are considered “step-children” for immigration purpose. Children who were 18 years or older at the time of the marriage may not be petitioned as step-children. They may be petitioned by the Filipino parent after he/she becomes a lawful permanent resident (LPR) of the United States.

Once an I-130 petition is approved, the National Visa Center (NVC) in the United States notifies the petitioner and provides guidance on how the Filipino spouse and children can apply for IR1 and IR2 visas, respectively. The NVC schedules the the applicant(s) for an interview and forwards the approved petition to the Embassy in Manila. The NVC will likewise notify the applicant(s) when they are scheduled to report for the medical examination and visa interview .

Petitioners and beneficiaries are encouraged to submit complete documentation at the earliest possible time prior to the interview appointment. Submission of incomplete documentation could result in delays with processing of the immigrant visa. For more information regarding the IR1 visa, please click here.

The USCIS website offers more information on how to petition alien spouses to live in the United States.

If the basis for immigration is a marriage that was entered into less than two years prior to the date of the visa issuance and the petition that was filed is an I-130, the spouse of a U.S. citizen or the child of a U.S. citizen is classified as conditional immigrant at the time of visa issuance. The visa category for the spouse is CR1 while that of the child is CR2. For more information about CR1 visa, please click here.

The K visa is a nonimmigrant visa. It does not automatically grant U.S. citizenship or lawful permanent resident (LPR) status to the beneficiaries. Those who qualify for K visas will be able to join their partners in the United States as a nonimmigrant, without the potentially long period of separation during the petition process. They will need to adjust their immigration status in the United States to become lawful permanent residents.

K-3/K-4 Visa

The K visa for the spouse of a U.S. citizen is a “K-3”, and the visa for minor children (unmarried and below 21 years of age) of a K-3 applicant is a “K-4”.

U.S. citizens who wish to bring their Filipino spouse to the United States on a K-3 visa must file both the I-129F and I-130 petitions. These petitions are filed at the USCIS office that has jurisdiction over the petitioner's place of residence.

Effective February 1, 2010, when both the I-129F K-3 and I-30 visa petitions have been approved by USCIS and sent to NVC, the I-29F is administratively closed. NVC will send the I-130 petition to the Embassy in Manila as soon as it is documentarily complete and is scheduled for an immigrant visa interview.

If no I-130 petition is received with the I-129F K-3 petition, NVC will process the I-129F K3 petition and send to the Embassy for standard K visa processing, scheduling and adjudication. For more information regarding updated procedures for K-3 visa processing, please click this link:
http://travel.state.gov/visa/immigrants/types/types_2993.html.

K-3/K-4 visa applicants, who have been notified by the Embassy to prepare for their interview, must pay the visa application fee before they can schedule a visa appointment via the online appointment website or the Visa Information and Appointment Service.  There are three ways to pay the K visa application fee:

a)    Cash payment at any Bank of the Philippine Islands (BPI) branch;

b)    Online payment bill option provided by BPI to their clients

c)    Online payment through Bancnet.

For more information regarding payment of K visa application fees, please visit http://www.ustraveldocs.com/ph and select Bank and Payment Options. 

K-3/K-4 visa applicants may request a visa appointment by visiting the online appointment website: http://www.ustraveldocs.com/ph or by calling the new Visa Information and Appointment Service at (632) 982-5555 or (632) 902-8930.  The Visa Information and Appointment Service is available Monday to Friday, 8:00 a.m. to 8:00 p.m. (Manila time), except on Philippine and U.S. holidays. Applicants, agents, or petitioners in the U.S should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers may speak with an English, Tagalog, Ilocano or Cebuano-speaking operator.

On the day of the visa interview and at the discretion of the adjudicating consular officer, K-3/K-4 applicants may be asked to present secondary documents to support the claimed marital relationship. These documents may include letters, photographs, joint ownership of assets, bank accounts, and telephone bills. Otherwise, the documents for a K visa application are the same as those for immigrant visa applications.

Petitioners and beneficiaries are encouraged to gather complete documentation prior the interview appointment. Submission of incomplete documentation could result in delays with processing of the K-3 visa.

Minor children of a K-3 applicant may derive immigration benefits from the same approved I-129F petition and are issued “K-4” visas. The children may apply for visas at the same time as the principal applicant parent or may be following-to-join derivatives of a K-3 applicant, even after the principal alien has acquired lawful permanent resident (LPR) status. However, the cutoff date for issuance of a K-4 visa is one year from the date of the issuance of the K-3 visa to the principal alien.

If an immigrant visa based on the I-130 petition for the spouse has already been denied, then the spouse and the spouse’s children will not qualify for a K-3 or K-4 visa, respectively.

(Note: Filipino spouses married to their petitioners for less than two years are given a conditional LPR status upon entry to the U.S. To remove the conditional status, the couple must establish the bona fides of their marital relationship).

K-1 Fiancé(e) Visa

American citizens who plan to marry their Filipino fiancé(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 fiancé(e) information on how to apply for the K-1 visa, including the medical examination and the visa interview.

K-1/K-2 visa applicants, who have been notified by the Embassy to prepare for their interview, must pay the visa application fee before they can schedule a visa appointment via the online appointment website or the Visa Information and Appointment Service.  There are three ways to pay the K visa application fee:

a)    Cash payment at any Bank of the Philippine Islands (BPI) branch;

b)    Online payment bill option provided by BPI to their clients

c)    Online payment through Bancnet.

For more information regarding payment of K visa application fees, please visit http://www.ustraveldocs.com/ph and select Bank and Payment Options. 

K-1/K-2 visa applicants may request a visa appointment by visiting the online appointment website: http://www.ustraveldocs.com/ph or by calling the new Visa Information and Appointment Service at (632) 982-5555 or (632) 902-8930.  The Visa Information and Appointment Service is available Monday to Friday, 8:00 a.m. to 8:00 p.m. (Manila time), except on Philippine and U.S. holidays. Applicants, agents, or petitioners in the U.S should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers may speak with an English, Tagalog, Ilocano or Cebuano-speaking operator.

Petitioners and beneficiaries are encouraged to gather complete documentation prior the interview appointment. Submission of incomplete documentation could result in delays with processing of the K-1 visa.

Children (unmarried and below 21 years of age) of a K-1 applicant may derive immigration benefits from the same I-129F petition and are issued “K-2” 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 K-2 visas within one year from the date the K-1 visa was issued to the principal applicant parent. Derivatives who are following-to-join the principal applicant parent must apply for their K-2 visas in a timely manner to allow visa issuance within the required period.

The I-129F fiancé(e) petition is a single entry visa that is valid for six 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's public queries window or Window 35 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.

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:  K visa applicants, who have been notified by the Embassy to prepare for their interview, must pay the visa application fee before they can schedule a visa appointment via the online appointment website or the Visa Information and Appointment Service.  There are three ways to pay the K visa application fee:

a)    Cash payment at any Bank of the Philippine Islands (BPI) branch;

b)    Online payment bill option provided by BPI to their clients

c)    Online payment through Bancnet.

For more information regarding payment of K visa application fees, please visit http://www.ustraveldocs.com/ph and select Bank and Payment Options.

K visa applicants may request a visa appointment by visiting the online appointment website: http://www.ustraveldocs.com/ph or by calling the new Visa Information and Appointment Service at (632) 982-5555 or (632) 902-8930.  The Visa Information and Appointment Service is available Monday to Friday, 8:00 a.m. to 8:00 p.m. (Manila time), except on Philippine and U.S. holidays. Applicants, agents, or petitioners in the U.S should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers may speak with an English, Tagalog, Ilocano or Cebuano-speaking operator.

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.

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

What fees are involved in obtaining a K visa?
There is a US$350 non-refundable application/processing fee for each K visa applicant. This fee is payable in U.S. dollars or its current peso equivalent. There are three ways to pay the K visa application fee: cash payment at any Bank of the Philippine Island (BPI) branch; online payment bill option provided by BPI to their clients; or online payment through Bancnet. For more details regarding K visa payment options, please visit http://www.ustraveldocs.com/ph and click Bank and Payment Options.

The required medical examination costs are US $213.35 for adults (15 years and older) and US $185.35 for children (under 15 years of age).

What if the fiancé(e) must delay their arrival in the U.S.?
The K-1 visa is valid for a maximum of six months. If the visa bearer is unable to leave for the United States immediately and the visa expires, a new one may be issued upon written request to the Embassy and the payment of another application fee of U.S. $350.

Where can I find additional information?
For general visa information about K-1, K-2, K-3, K-4 or IR-1 visas visit or call:

• The U.S. State Department’s Bureau of Consular Affairs website.  
• The Embassy’s Visa Information and Appointment Service online at http://www.ustraveldocs.com/ph or call (632) 982-5555 or (632) 902-8930.   Callers in the U.S. should call  (214) 571-1600.
• The State Department’s National Visa Center in New Hampshire can be reached at (603) 334-0700. The NVC handles petitions before they are sent to the Embassy in Manila.

Information about immigrant visa petitions is available at:

• The U.S. Citizenship and Immigration Services (USCIS) website and the Department of Homeland Security/USCIS office at the Embassy in Manila, Window 35 (open Monday to Friday, from 8:00 a.m. to 12:00 noon, Tel. no: (632) 301-2000, Ext. 2224).

Information regarding the “Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage” is available from the Embassy’s American Citizen Services Unit at (632) 301-2000, Ext. 4106.