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Immigration By Marriage – How Can I Marry My Foreign Fiancee In The United States?
How can I marry my filipina fiancee in the United States?
If your Filipino fiancee is not a citizen of the United States and you plan to marry in the United States, then you must file a petition with the Citizenship and Immigration Services Bureau on behalf of your fiancee. After the petition is approved, your fiancee must obtain a K1 visa issued at a US embassy or consulate abroad. The marriage must take place within 90 days of your fiancee’s entry into the United States. If the marriage does not take place within 90 days or your fiancee marries someone other than you (US citizen who filed Form I-129F – Petition for Alien Fiance(s)), your fiancee will be required to leave the United States. Until your marriage takes place, your fiancee is a nonimmigrant. A nonimmigrant is a foreign national who seeks to enter the United States temporarily for a specific purpose. A fiancee cannot obtain an extension of the 90-day K1 fiancee visa. Legal permanent residents cannot submit claims. They must marry abroad and then file an I-130 petition for a K3 visa for their new spouse.
If your fiancee intends to live and work permanently in the United States, your fiancee must apply to become a permanent resident after your marriage. If your fiancee does not intend to become a permanent resident after your marriage, your fiancee must leave the country within 90 days of admission. Your fiancee will initially receive conditional permanent resident status for two years. Conditional permanent residence is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status. Your fiancee can enter the United States only once on a K-1 visa. If your fiancee leaves the country before you get married, your fiancee may not be allowed to return to the United States without a new visa.
What documents must a visa applicant submit?
A fiancee is considered an intended immigrant and therefore must submit documents similar to those required for an immigrant visa applicant. These include: an official passport which is valid, a copy of your official birth certificate; any legal document certifying the termination of a previous marriage; NBI declaration, police clearances from all foreign countries where the applicant has lived for at least six months starting at the age of 16; proof of relationship with the applicant; proof of financial support; a medical examination and visa photograph. Evidence must be provided that the couple met in person within the last two years before the application was filed.
How long is the visa valid?
A K1 visa is valid for four months from the date of its approval. But this can be reassessed by a consular officer provided both parties are still legally free to marry. It is recommended to collect all necessary documents for the visa interview appointment as soon as possible.
What are the main reasons why a K1 visa is rejected?
Fiancee visa applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lack of documentation; the need to review or verify evidence; lack of demand relations; misrepresentation of facts, medical and criminal grounds and possible public prosecution.
A common basis for refusal is a prior marriage to the beneficiary or applicant that has not been legally terminated. For example, with a fiance visa in the Philippines you must understand that there is no divorce in the Philippines. A consular officer will only accept a death certificate or a court order of annulment or presumed death as evidence that a Filipino marriage has been dissolved.
What documents are required for the K1 fiancee visa interview?
1. Original Letter of Appointment
2. DS-156, 2 Each (1 with proof of payment) (with two – 2 X 2 passport photos)
3. DS-156K, 1 Each
4. DS-157, 2 Each
5. Birth certificate from NSO
6. Cenmar (Certificate of Non-Marriage)
7. Clearance of NBI
8. Certified copies of divorce or annulment documents (if any).
9. I-134 Affidavit of Support
10. US Federal Tax Returns
12. Statements of payments
13. Bank statements
14. Proof of genuine commitment, photographs, plane tickets, accommodation bills, telephone bills.
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