How to: Apply US K1 Fiance(e) Visa (I-129F)

Welcome to Travel+Experiment!

“Love as they say knows no distance”. This was said during the cordial meeting of my boyfriend for the first time with our family gathering in the Philippines. My then boyfriend from United States finally visited me after years of chatting online. He met my mother and was asking for her blessings in hand for marriage. To cut the long story short, my boyfriend filed a fiancée petition in order to join and marry him knowing that being married in the Philippines would take a lot more resources and time to complete.  

We started preparing the documents by August 2013 and got approved by May 2014. By then, when we were doing the process by ourselves due the prior experience in filing paperwork in the government from being employed in the United States Army. Most government processes are the same as filing in every branch of the government as long as you follow the directions and the requirements. The shortest process of applying a Fiancée visa must have a clear laid out plan in order to complete between six months to one year. I arrived here in US by May 2014 and we got married by July 2014.

Here is the process for filing a K1 Fiancée US Visa petition that I am going to share in this blog. Hope this will help in your new journey and this will provide some guidance. 

Fiancé (e) (K-1/K-2) Nonimmigrant Visas

The K visa is a visa for a fiancé (e) of a U.S. Citizen who will travel to the United States to marry and take up indefinite residence after marriage. To qualify for a fiancé(e) visa, the following criteria must be met:

• one party is a U.S. Citizen;
• both parties are legally free to marry; and
• the marriage will take place within 90 days of the fiancé(e) entering the United States on the fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé (e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé (e) entering the United States.
• You and your fiancé (e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

1. If the requirement to meet would violate strict and long-established customs of your or your fiancé (e)’s foreign culture or social practice.

2. If you prove that the requirement to meet would result in extreme hardship to you.

Application Process of the US Citizen Petitioner

I. Filing Petition

U.S. citizens who wish to bring their fiancé (e) to the United States on a K visa must first file a petition with USCIS in the United States.

1) U.S. Petitioner gathers various documents I-129F Packet List:

• File Form I-129F, Petition for Alien Fiancé (e). 
• Follow all the instructions and required documents in filing Form I-129F
• Form G-1145, Notification of Acceptance of Application/Petition (240 KB PDF)
• Fiancé (e) Letter of Intent. Make sure to sign and date it. (filled out by principal applicant from Philippines)
• Fiancé (e) Letter of Intent. Make sure to sign and date it. (filled out by from US Citizen petitioner)
• 2pcs  passport type photo of the  (principal applicant from Philippines)
• G-325A Form/ Biographic Information. Make sure to sign and date it. (filled out by principal applicant from Philippines)
• G-325A Form/ Biographic Information. Make sure to sign and date it. (filled out by from US Citizen petitioner)
• Form 1-134 Affidavit of Support Form
• Payment as required by USCIS
• Cover Letter (see sample in web). Should include a description of what you are petitioning for (I-129F), a table of contents (list everything in the packet). Make sure to sign and date it.
• Proof in having met in past two years
• 2pcs  passport type photo of the  (US Citizen petitioner)
• Copy of the birth certificate of the US Citizen petitioner
• Copy of final Divorce Decree or Certificate for the US Citizen and/or foreign fiancé (e) if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiancé (e) ended due to the death of their spouse then include a copy of Death Certificate documenting the fact.
• Proof of legal name change if either the US Citizen and/or foreign fiancé (e) is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as marriage certificate, adoption decree or court order.
• If applicable provide certified copies of all court and police records showing the charges and dispositions for any specified convictions.

Source Links: http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf  - Form I-129F
http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf - instructions Form I-129F
http://www.uscis.gov/sites/default/files/files/form/g-1145.pdf  - Form G-1145 

Purpose of Form

To petition to bring your fiancé(e) (K-1) and that person's children to the U.S. for marriage to you or to bring your spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status (under the LIFE Act and Amendments of 2000).

2) I-129F Package sent - U.S. Petitioner sends compiled I-129F package to the USCIS Dallas Lockbox which will forward the package for processing. Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package.

• File Form I-129F at the USCIS Dallas Lockbox facility:

For U.S. Postal Service (USPS):

USCIS

P.O. Box 660151

Dallas, TX 75266

For USPS Express Mail and courier deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067

•       We recommend reading our Lockbox Filing Tips before filing your petition.

•       We will send you an email or text when the Dallas Lockbox facility accepts your Form I-129F if you clip a completed Form G-1145, Notification of Acceptance of Application/Petition to the front of your petition.

•       Note: A Form I-129F Petition cannot be adjudicated at a USCIS Office abroad.

Filing Fee

$340. (There is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen.)

3) 1st Notice of Action (NOA) - U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened. Typical wait time is 2-3 weeks after the Service Center receives the I-129F

4) 2nd Notice of Action (NOA) - U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved. Start gathering documents needed by beneficiary (Fiancé (e)

5) Case Forwarded by your Service Center to the National Visa Center (NVC) - Case Forwarded by your Service Center to the National Visa Center. Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334 0700.

6) Case Forwarded by NVC to U.S. Embassy in your fiancé (e)'s country - Case Forwarded to U.S. Embassy as specified in the I-129F. NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days.

7) Case received by Embassy from NVC - Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiancé (e). 5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it.

8) Completed Forms sent to Consulate - Beneficiary sends completed Forms to Manila U.S. Embassy.

II. Once USCIS received your petition; they will send an approved Form I-129F form and all the copies you sent to USCIS for petition. USCIS will send also the Form I-797C, Notice of Action stating that "The I-129F, Petition for Alien Fiancé (e) has been received by our office for the following beneficiaries and is in the process.” 

Every immigrant visa case is different, so it is difficult to estimate how long the process will take for a specific individual. In general, there are three factors that contribute to the processing time required:

Time Required to Process a Petition = Two months or more. The time it takes for USCIS to approve a petition varies according to the type of petition and the specific USCIS office involved.

Time Required to Process through NVC and the Embassy = One month or more. 

Once a petition is approved, if it is in an immediate relative category or has a current priority date, it is largely up to you how long it takes to get an interview appointment. The more quickly you follow the instructions provided by the National Visa Center (NVC) and submit all requested documents, the sooner an appointment can be scheduled. Appointments are usually scheduled for the month after all documents are submitted. Visas are normally available within a few days of the interview.

III. The USCIS will process fiancé (e) petitions. Once they complete their processing, your approved petition is then forwarded to the National Visa Center (NVC). The National Visa Center will then send the petition to the Manila U.S. Embassy or consulate, which will need time to process your fiancé(e) for a visa.

IV. Both the petitioner and the principal applicant (fiancé (e) can received an approved notice via mail.

Required Documentation for Fiancé (e) in the Philippines

Application Process

Step 1: Payment of Application Fee

a. Go online and check the required amount fee. Example below the amount when you searched in

Exchange Rate
Current Consular Exchange Rate	45.00 PHP = 1 USD
Current Rate Valid Through:	28/02/2015

Visa Type		Description	Fee Amount (USD)			Fee Amount (PHP)
K	Fiancé(e) or Spouse of U.S. Citizen			$265	11925.00

Select the deposit slip that matches your visa application fee from the list below. Values are shown in U.S. dollars and native currency. This page has more information about the different visa application fees.

• Deposit Slip - $160 MRV Fee
• Deposit Slip - $190 MRV Fee
• Deposit Slip - $265 MRV Fee - K1
• Deposit Slip - $205 MRV Fee

b. Click Deposit Slip - $265 MRV Fee, and print the required amount of the payment of application fee. Please click below the link for the sample document to print.

Source Link: deposit slip

http://ustraveldocs.com/ph/pmisdepositslip.htm?amount=265&country=philippines  

 

Take note: DO NOT print multiple copies of the same deposit slip. You must have a unique deposit slip for each transaction.

c. Go to the branch bank itself and pay the amount based on the printed receipt. There is an expiration date on the payment slip.  Bank agents will NOT accept payments based on expired slips. After you have paid the visa application fee, keep the BANK receipt for your records. It cannot be replaced if it is lost. You will not be able to schedule an appointment without your receipt number

Step 2: Scheduling your Interview/Appointment

Whether you schedule your appointment online or contact our call center, you will need the receipt number printed on your receipt.

You can schedule your interview within four hours of paying your visa application fee.

The table below shows the different fee payment processing times and when you can schedule your interview after paying your application fee.

Visa Application       Fee Payment Processing Timelines - Cash at Bank
Time of Payment	Bank	Receipt Purchase Date	Interview Booking
Midnight - 3:00 PM	BPI	Same day	4 hours after payment

Book an appointment by calling (02) 976-8500 to 02 for calls within the Philippines and other countries aside from mainland United States or (703) 520-2235 for calls from mainland United States. The call center is open from 8:00 a.m. to 8:00 p.m., Monday through Friday, Manila time, except on U.S. and Philippine holidays. Appointments can also be booked online through http://www.ustraveldocs.com/ph

Nonimmigrant visa applicants are required to present a U.S. visa application payment slip to pay the machine-readable visa (MRV) application fee. Before going to the bank, applicants must print the applicable U.S. visa application payment slip and take it to the bank to pay the fee. 

This will start the process for scheduling your appointment. You will need:

• Your passport number
• The receipt number from your Bank of Philippine Islands (BPI) or BancNet receipt
• The ten (10) digit bar code number from your DS-160 confirmation page

As you go through the process you will be able to select your visa type, enter personal data, add dependents, select your document delivery location, confirm visa payment and finally, schedule your appointment.

Step 3: Required Documents

All basic documentary requirements must be ready BEFORE an appointment can be made. Additional documents may be required, so please read the information below carefully.

1.  DS-160 ONLINE NON IMMIGRANT VISA ELECTRONIC APPLICATION – All applicants must complete the DS-160 Online Nonimmigrant Visa Electronic Application. Applicants can access the DS-160 from the Consular Electronic Application Center website. https://ceac.state.gov/genniv/

It is important to take note of the CEAC Bar code number of the DS-160 confirmation page.  Applicants can track their case status after the interview using their bar code number. 

Guidelines for Completing the DS-160 Form

Complete and submit your DS-160 after reviewing the nonimmigrant visa application process. You must submit your DS-160 application online prior to making an appointment for an interview at the U.S. Embassy/Consulate.

• The interview post you select at the beginning of the DS-160 form must be the same post where you schedule your interview appointment.
• All questions must be answered in English using English-language characters only, except when you are asked to provide your full name in your native alphabet.
• The DS-160 "times out" after 20 minutes without user activity, and your data will be lost. To safeguard against data loss, click the "Save" button frequently and download the file to your local computer. Select a place on your computer to save the DS-160 file, browse to that location, and click the "Save" button in the "Save As" window.
• You are required to upload a photograph as a part of the DS-160 process. Detailed guidelines for taking and submitting a quality photograph are on the U.S. Department of State website here.
• The completed DS-160 application form will generate an alpha-numeric bar code confirmation page. The printed confirmation page is required for the interview at the Embassy/Consulate.
• Once you have printed the bar code confirmation page, hit the "Back" button on your web browser and then email yourself a backup copy of the DS-160. The emailed file will be in PDF format, which requires Adobe Acrobat to view or print.
• A new DS-160, Online Nonimmigrant Visa Application form and associated bar code must be submitted with each and every new visa application. A DS-160 and bar code from a prior visa interview or drop-off service will be rejected and result in a delay of your visa application.

2. CASE STATUS CHECK - Immigrant and K Visa applicants/petitioners can check the status of their cases by visiting the U.S. Department of State’s Consular Electronic Application Center website at https://ceac.state.gov/CEAC/

In order to view the case, please click on “Check My Visa Application Status” and enter your case number (e.g., MNL2000123456). If your case is under administrative processing, please see the letter you received at your interview.

3. PASSPORT – Signed passports must be valid for at least six months from the date of intended departure from the United States. The passport must be in good condition, i.e., photo lamination is undamaged, and all passport pages are intact.

Applicants must also present all previously issued passports or notarized affidavits of loss, if applicable.

Taiwanese passport holders who do not have Taiwan personal identification numbers listed above the date of birth on the biographic data page in their passports must present their original Philippine residency permit.

4.  PHOTO - All professional photographers know all the standard size of the passport picture.

One 2" x 2" standard photo.  The photo must be:  

• In color
• 2" x 2" in size
• Taken within the last 6 months to reflect your current appearance
• The ears should be exposed, if local or religious custom does not prohibit
• Taken in front of a plain white background
• Taken in full-face view directly facing the camera
• With a neutral facial expression and both eyes open

Please ensure that your photo meets the requirements stated above.  Failure to provide the correct photo will delay your visa processing.

5.  BIRTHCERTIFICATE – Your birth certificate should be a copy issued by the National Statistics Office on security paper. 

6.  NBI CLEARANCE (GREEN FORM) – Applicants aged 16 years and older must have a valid Record Clearance (for travel abroad purposes) from the National Bureau of Investigation. Clearances should be the applicant current name, birth certificate name, maiden name and any aliases or nicknames used, including different spellings you have used of those names. An official letter of explanation from the NBI is required for any notation of "No criminal record" or "No pending case". For immigration purposes, an NBI clearance is valid for 1 year from the date it was issued. The NBI website is http://www.nbi.gov.ph

7.  COURT AND PRISON RECORDS – Applicants who have been arrested, charged or convicted of a crime must present copies or transcripts of court or prison records relating to the crime or offense.

8.  MILITARY OR POLICE SERVICE RECORDS – Applicants who served in the military or police should present certified copies of their military or police service records.

9.  EVIDENCE OF A GENUINE ENGAGEMENT – You must be prepared to prove to the consular officer that you have a genuine relationship with your petitioner and a clear intention to marry within 90 days of admission to the US. In the past, successful applicants have submitted photographs, letters, emails, phone records, bank records and remittance records as evidence supporting their relationship and intent to marry.

10.  EXTENSION OF STAY/CHANGE OF STATUS – Please bring copies of U.S. Citizenship and Immigration Services (USCIS) approvals of extension of stay or change of status, if applicable. (Usually this doesn't apply to the principal applicant for K1 Visa)

11.  PROOF OF TERMINATION OF PRIOR MARRIAGE – If applicable, official documents (divorce decree, annulment decree or death certificate, etc.) that all prior marriages contracted by you and the petitioner have been legally terminated prior to the filing of the petition must be submitted.

12.  CERTIFICATE OF NO MARRIAGE RECORD (CENOMAR) – If you have never contracted marriage< a CENOMAR (Singleness) issued by the National Statistics Office (NSO) and printed on security paper should be submitted. You may call the NSO Information Center at 02-737-1111 to inquire on securing a CENOMAR or visit their website at http://www.census.gov.ph.

13.  EVIDENCE OF SUPPORT - This is required for the US Citizen Petitioner. You should be able to demonstrate that you will not become a public charge or be a burden on the US Taxpayers for financial support. A completed I-134 Affidavit of Support Form with original signature will be useful to the consular officer to evaluate your petitioner's ability to be financially responsible for you. You should also submit your petitioner's most recent US Federal income tax returns (Form 1040) and wage statements (Form W-2). Employment letters starting salaries and bank statements may be included to substantiate the I-134 at http://www.uscis.gov/portal/site/uscis

14.  VISA PHOTOGRAPHS - You must bring three (3) color photographs two for the visa and one is for the medical report. Size and format specifications must be strictly observed: Photos should measure 2 by 2 inches (roughly 50mm square) with a white background and the head centered in the frame. The head (measured from the top of the hair to the bottom of the chin) should measure between 1 inch and 1 3/8 inches (25mm to 35mm) with the eye level between 1 1/8 inch (28mm and 35mm) from the bottom of the photo. See http://travel.state.gov/visa/visaphotoreq_5334.html for detailed instructions.

15.  MEDICAL EXAMINATION - All immigrant visa applicants, regardless of age, need to complete a medical examination at the St. Luke’s Medical Center Extension Clinic (SLMCEC) before the visa interview. Applicants are advised to have their medical examinations done 5-7 working days prior their interview appointment at the U.S. Embassy in Manila; failure to complete the exam within the prescribed time frame may result in significant visa processing delays. Applicants are also strongly encouraged to register online with SLMCEC at their website: www.slec.ph

SLMCEC is located at 1177 J. Bocobo Street, Ermita Manila. They can be reached by telephone at (632) 521-0020 and (632) 521-8647. SLMCEC is open from 6:00 a.m. to 4:00 p.m. It is best to arrive for your medical examination between 6:00 a.m. to 8:00 a.m. Applicants are served on a first come first served basis, but the order of release of the medical reports will depend on the complexity of the results of the medical examination.

What is the cost of the medical examination at SLMCEC?

• The medical exam fee is US$245 for adults (15 years and older) andUS$185 for children (under 15 years of age).
• SLMCEC does not accept credit card or dollar payments. The fees must be paid in Philippine pesos at the prevailing exchange rate.

What is the validity of the medical examination?

• Medical examinations are generally valid for 6 months.

Will chest x-rays be required?

• Children younger than 15 years old will not need a chest X-ray or serological test unless required by the doctor, but will instead undergo a Tuberculin Skin Test.
• According to the U.S. Public Health Service (USPHS), chest X-rays for pregnant women are not dangerous if taken with the proper shielding.
• If you have had previous X-rays, please bring them along for a comparative study.

What should I bring to my medical examination?

• DS-260 Confirmation Form (strongly recommended).
• Appointment letter sent by the National Visa Center or an e-mail confirmation from the Visa Information and Appointment Service.
• Appropriate medical examination fee.
• Passport (valid for at least 6 months)
• Three color pictures (2 inches x 2 inches) with a white background (two are for the visa and one is for the medical report).  

What happens after I have my medical examination?

• SLMCEC will release the medical exam results directly to you unless instructed otherwise by the Panel Physician. The chest x-ray film and immunization form will also be given at the releasing section.
• You are required to bring the sealed medical report to your scheduled interview at the U.S. Embassy Manila. Tampered pouches will not be accepted in the interview and applicants will be instructed to return the pouch to SLMCEC for reseal.
• The medical examination usually takes two to three working days to process, but can extend up to a few months if there are required tests that need to be completed.

What do I do if I miss my interview appointment at the U.S. Embassy in Manila because of prolonged and/or additional tests conducted by SLMCEC?

After determining that you are clear to travel, SLMCEC will advise you regarding interview scheduling.

Step 3: Go for the Interview - Visit the U.S. Embassy on the date and time of your visa interview. Be sure to check the Schedule My Appointment page for the necessary documentation needed for your appointment. You must bring a printed copy of your appointment letter, your DS-160 confirmation page, and one photograph taken within the last six months, your current and all old passports. All the required documents you gather. Applications without all of these items will not be accepted.

Electronic Devices Not Permitted on Embassy Grounds

For the safety and security of all applicants and employees, visa applicants are NOT PERMITTED to bring the following into the Embassy:

• any kind of electronic and battery-operated devices (mobile phone, digital camera, laptop, music player, portable game consoles such as PSP, USB thumb drive, mobile tablet, etc.)
• lighter and any flame-generating device
• sharp objects
• any device with an On/Off switch

Applicants who bring such devices will be denied entry and will be requested to book a new interview appointment. Please make arrangements to leave your electronic equipment in a safe location off Embassy grounds BEFORE your interview appointment. We regret any inconvenience this may cause and appreciate your cooperation.

Embassy personnel are available to provide assistance at each stage.  Applicants who require interpreters must inform the interviewing officer on the day of their interview.  There is no need to bring a relative or a friend to act as an interpreter as the Embassy can provide language assistance when an applicant requests for it.

Step 4: If issued a visa - A consular officer will inform the applicant at the conclusion of the interview whether he/she qualifies for a U.S. visa.  If a visa is approved, the passport with U.S. visa will be delivered by the courier service at the address provided or the courier branch chosen when the appointment was made.  Please note that the courier will deliver to Philippine addresses only.  If the applicant is not present at the time of the delivery of the passport, the applicant must leave an authorization letter to a representative and a government-recognized photo ID for both representative and applicant.  Both the applicant and the representative must sign the authorization letter.

To track the status of a nonimmigrant visa case, applicants can access the Consular Electronic Application Center (CEAC) website, http://ceac.state.gov. Applicants will need to choose from the drop down menu their interview location (Philippines, Manila), and enter the CEAC Barcode (from the CEAC confirmation page submitted on the day of the interview) to view the current status of case.

After the Fiancé (e) Visa is issued

Once issued, the fiancé (e) visa (or K-1 nonimmigrant visa) allows your fiancé (e) to enter the United States for 90 days so that your marriage ceremony can take place. Once you marry, your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.

Step 5: Required to attend a Guidance and Counseling - You need to attend this seminar to have a certificate. The seminar fee is 400 pesos. You need to be at the office as early as possible as it may take half day to finish the seminar. This is required upon departure and checking of flight information leaving the country.

Commission on Filipinos Overseas (CFO)

Citigold Center

1345 Pres. Quirino Avenue corner Osmeña Highway (South Superhighway)

Manila, Philippines 1007

Activities

The Commission on Filipinos Overseas is an agency under the Department of Foreign Affairs and is mandated to promote the interest and well-being of Filipinos overseas, particularly those of Filipino permanent residents abroad including those in intermarriages.

ANTI-TRAFFICKING ACTIVITIES:

• CFO provides mandatory guidance and counseling services to departing Filipino spouses and partners of foreign nationals. These services intend to assist Filipino spouses and other partners of foreign nationals in making informed decisions on intermarriage and settlement overseas. Topics covered during the counseling program include migration laws, welfare and support services abroad, issues and concerns in intercultural marriages, among others. In 2004, CFO extended counseling services to 18,933 Filipino spouses and other partners of foreign nationals.
• During the counseling sessions, would-be trafficking victims are detected through the CFO watch list, a database that enables CFO counselors to identify foreigners who are involved in trafficking activities under the pretext of intermarriage. More than 2,000 suspected trafficking and/or prospective domestic violence victims are provided with intensive counseling sessions every year.
• CFO provides assistance to Filipino nationals in distress through referrals to relevant government agencies and crisis counseling for victims of domestic violence and trafficking.

Then..time to travel to United States..

 

* Hope you'll learn from these valuable insights.

 

 

Happy Travels!

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