Having trouble understanding how to get a US fiancée visa with your American boyfriend? This page brings information for US citizens who wish to bring a foreign national living abroad to the United States to marry. If you are a Filipina with a US boyfriend who wants to enter the United States under the fiancée visa then you must show that you are single and free to marry.
If you were previously married in the Philippines, the marriage must be legally terminated by divorce, death, or annulment. Applying for the US K1 fiancee visa without meeting in person and the woman still married in the Philippines may make the whole complex process more difficult than you can imagine it would be.
First, to qualify for the waiver of the in-person meeting requirement, you must be physically prevented from travel due to a serious and permanent medical condition. There is the possibility of having her visit you in the US as a visitor so you can meet and spend time together. However, when her visit comes to an end, she needs to return to the Philippines.
One of the immigration and travel agency advise couples not to let the Filipina apply for a visitor’s visa to the US because she may not obtain one and if denied, will make the work more difficult in obtaining a Fiancee Visa. For the visitor’s visa, she needs to prove that her life overseas is better than it would be in the US. The United States wants wealthy visitors who can spend their $$s in the state they visit.
This ultimately explains why you need to show a bank account with sufficient amount of money plus a good certificate of employment to show you can personally fund your travel to the US.
Second, being free and able to marry is kind of a problem for women who were separated and abandoned by their husbands in the Philippines. Bottom line, if you are a Filipina who was married in the Philippines and now wants to remarry, bear in mind that the previous marriage won’t go away. Do the right thing at the right time and plan everything legally.
The forms to be filed by the American boyfriend and petitioner are the Form I-129F and the Petition For Alien Fiancee. The eligibility requirements for the petitioner are
- US citizen
- Intention to marry within 90 days after your girlfriend enters the United States
- You are both free to marry legally
- You met each other in person, at least once within 2 years of filing your petition
Upon entering the US in a fiancée visa, your girlfriend can apply for permission to work by filing the Form I-765, Application for Employment Authorization with the USCIS Service Center. This would be valid for 90 days only.
Once married, your spouse can apply for the Permanent Residence Visa and Green Card. If you do not marry in 90 days, the Fiancee Visa cannot be extended and she should leave the United States. Not departing upon expiry can result in a deportation and may affect the future eligibility for future immigration benefits.
During the filing of the petition, the US Embassy in Manila will conduct an investigation and the USCIS Immigration Services will send you a notice about any update of your petition. It is better that you keep copies of all your chats, pictures, and any documents that will prove you have a relationship with her.
The US citizen sponsor must meet the Poverty Guidelines by showing the financial affidavit of support. As of this writing, the FilAm website states a $16,020 that you are able to sponsor, and that changes to $20,025 after your fiancée is married to you. You can see more updated information when you go to the USCIS and research about the I-864P. htm
Find the income requirement 2017 HHS Poverty Guidelines for Affidavit of Support here https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf
Or read the PDF belowi-864p
Here is the step by step process in obtaining a K1 Visa
This is a collaborative process that involves the US Citizenship and Immigration Services (USCIS), US Department of State (DOS), and the US Customs and Border Protection (CBP).
Step 1 USCIS
- File the For I-129 (US citizen petitioner)
- USCIS reviews and conduct a background check
- USCIS sends the approved petition to the DOS National Visa Center (NVC)
Step 2 DOS
- The petitioner is notified it is time for the fiancée to apply for visa
- The fiancée applies for K1 Visa at the US Embassy
- DOS conducts background check
- DOS issues a visa
Step 3 CBP
- K1 visa holder seeks entry to US
- Inspection by CBP at port of entry
- If admitted, has 90 days to marry
Step 4 USCIS
- After marriage, K1 nonimmigrant may apply and fill up Form I-485
- USCIS conducts background check
- A conditional Green Card cannot be renewed
- To remove conditions, Form I-751 must be submitted to USCIS within 90 days prior to the end of the two year conditional permanent resident period
Read more here https://www.uscis.gov/family/k-1-process-step-step
Fiance(e) Visas. USCIS. Gov