Visas for Her and for You - The Facts
Most of the information on this page applies to
Americans wanting to bring their Filipina to America. We have no idea what the
requirements are for other countries. Updated in September, 2007.
Be informed: Don't think for a moment that you will just send her some money for a Visa and a plane ticket. Its not going to happen. Also realize that to get her to the U.S. on a K Visa you will have to demonstrate that you have actually been here and met with her. Keep your plane tickets, hotel receipts, and pictures. If you are going to marry her here and stay for sometime, you can apply for her IR-1 Visa in Manila. Do yourself a favor and maintain a US residence if this is your plan. If you plan on staying here with her make sure the two of you have the income to support yourselves as work for you is really not an option. We'll try to explain in simple terms what it will take to get your fiancée to America. Your Filipina will most likely get either a K-1, K-3, or IR-1 Visa for entry into the U.S. IR type Visas are for Immediate Relatives. If you are not married, your fiancée will most likely receive the K-1 or K-3 Visa. If you married your Filipina in the Philippines you also may want to consider a K type Visa due to the shorter processing times. You will then have her status changed once in the U.S.
Briefly: If you have just began your search for a Filipina keep these things in mind. You are not going to marry or become engaged to her her and bring her back home with you anytime soon, unless she already has a Visa which is highly unlikely. The following information is from the United States Citizenship and Immigration Services website (hereafter referred to as the USCIS) and goes directly to the FAQ section. There is so much misinformation out there and it causes people to get their hopes up. We deal in factual data and we back it up with the appropriate links. The brief list that follows will apply to almost everyone wanting to bring there Filipina to the US. Our best advice is this; go the site above and study it carefully. Download all the forms (they are pdfs) and study them carefully. Make sure you meet all requirements. If you do not, get those items corrected before submitting anything. There are very few exceptions to the statements we make below.
| • | It is probably going to take six months to a year to get her a fiancée Visa. | |
| • | If you marry her here and apply for an immigration Visa it could take up to two years. Even if you do marry her here most would suggest getting a fiancée Visa due to the shorter processing time. | |
| • | You most show that you have been here and met her within the last two years prior to filing the application for a fiancée Visa. Keep all proof. | |
| • | Good Advice - If you are going to come here and stay with her while the Visa application is being considered, keep your domicile in the US. You will also be required to show that you can support her, and the best way to do this is with tax returns or very substantial assets held in the US. Keep a US presence no matter what. Don't forget, you need to petition for her fiancée Visa from the US. You cannot file the petition from here. | |
| • | Do not even think about fudging information on the forms you submit. | |
| • | Forget coming here to work as you wait for her Visa. You cannot work here unless you are married to her. Do you really want to work here for $4-8 a day (if your lucky) anyway? It may be cheap to live here, but I couldn't live here on that kind of money and we own our home outright. If you are coming here and think you can live like the majority of Filipinos, you are nuts! I'd rather live on welfare in the US. | |
| • | Forget getting her a tourist Visa. It is almost impossible to get for the typical Filipina. Even if she did get a tourist Visa, good luck trying to change her status once she's here. If you bring her to the US under false pretenses its called immigration fraud and after she is deported you may never get her back in the US. Do things properly and you'll be fine. | |
| • | Plan on a long distance relationship for sometime. Do you know her that well? Do you trust her? We figure you will be supporting her as she awaits her Visa. | |
| • | There is a chart below that shows the petition form and affidavit of support you must file with the USCIS. We try to keep this page up to date but you should check the website links we list below for the latest updates. You can download the forms in pdf format. Many employ a Visa/Immigration attorney to help them. |
Bringing her to America: Don't think for a minute that it will be easy to bring your Filipina to the USA. It is a long process and you will need patience. Getting a Visa to bring your Filipina back to the states as a fiancée or as your wife takes a good deal of time. Getting her a tourist Visa is almost impossible. We talk to many who think they have found their new found partner for life and can now easily get her to America. Sorry guys, its not that easy. For her to qualify for a tourist, student, or work Visa to the USA its almost impossible. If she is a nurse she has a reasonable chance of gaining entry due to the nursing shortage in America. Otherwise she would need to own land and have a great deal of money, and even with that there is no guarantee. If she is older than 40 she also has a better chance of gaining entry. You file a petition for her to obtain a Spousal Visa or a Fiancée Visa though by filing the correct petitions. For a fiancée Visa you will have to show that you have met in person within two years. There are a few exceptions to this requirement, but most likely they will not apply to your Filipina. She will need to have medical and Embassy interviews. If you were married here you will still need to petition her for entry into the US, so don't plan on bringing her right home with you. In fact if you go home and petition her for a marriage Visa IR-1, you will find it takes longer than a K-1 or K-3 fiancée Visa. The very first thing your Filipina will need is a Passport, and just obtaining it can be a daunting experience for many Filipinas. Just to get a Passport she will need an authenticated birth certificate from the NSO (National Statistics Office) and NBI clearance (the equivalent of our FBI).
Please go to:
http://manila.usembassy.gov/wwwh3204.html
,
http://www.unitedstatesVisas.gov/Visapolicy/faq.html
http://philippines.usembassy.gov
for all official information regarding obtaining a Visa.
|
This chart compares the main features of the K-1, K-3 and IR-1 Visas. |
|||
| Last Update: 01/05/2007 | K-1 Visa | K-3 Visa | IR-1 Visa |
| Visa Type | Non-immigrant | Non-immigrant | Immigrant |
| Approximate total processing time | 9-12 months | 9-12 months | 12-24 months |
|
Where do I file the petition? |
Only in U.S | Only in U.S | May file abroad |
| What petition form do I file? | I-129F only | I-129F and I-130 | I-130 only |
| Are there any major restrictions I should know about? |
Single entry. Valid for 6 months; to marry petitioner within 90 days of entry to the United States and must adjust status |
Multiple entry. Valid for two years, but must adjust status within 2 years |
LPR status. Processing for green card begins on entry |
|
Can my fiancée or spouse take her children? |
Yes. Only unmarried children under 21 but must be issued K-2 Visa within one year of the K-1 issuance | Yes. Only unmarried children under 21. | Yes. But separate IR-2 petitions must be filed for each child. Stepchild must be younger than 18 years old at time of parent's marriage |
|
Is an interview required? |
Yes | Yes | Yes |
| Which Affidavit of Support do I use? | I-134 | I-134 | I-864 |
|
Does the Embassy need the original petition & documents from USCIS? |
Yes | Yes | Yes |
It is a long process. This is why we encourage you to take your time and get to really know her. The people here are patient as so many have no real hope. They are not used to things happening quickly. If you want to be with her in the very near future, plan on moving here temporarily but do keep your US residence. If you do move here, make sure you have the resources to support yourself. You are not going to go out and get a job and you wouldn't want to anyway for the pay. Most Filipinas want you to take them to your country. They really don't want to continue to live here where there is not much hope. Once your petition is and affidavit of support is reviewed by the USCIS it will be forwarded to the U.S. Embassy in Manila and they will arrange to have your Filipina come in for an interview.
We are not Visa Consultants but we spend a good deal of time studying the US requirements. There are many Visa/Immigration attorneys. If you hire one, I still suggest you study the information yourself. Should you hire an attorney, get one that is experienced with getting Filipinas Visas. We are talking to a client right now that waited all this time hoping that the day his wife will be with him is soon. He tells me the law firm he used made errors and therefore his wife's Visa was denied. Now they get to start all over.
Personal Advice to All: Make sure you really know her and would trust her with everything you have before you start down this long road. If you want to form a quick relationship stay in your own country. This is going to be a long journey for you. Take your time. If you have doubts, don't do it!
Traveling to the Philippines: It is easy for you to visit here if you are from Austraila, Canada, New Zealand, the U.S. or the UK. Citizens of these countries may enter the Philippines without a Visa upon presentation of their passport, valid for at least six months after the date of entry into the Philippines, and a return ticket to their country or an onward ticket to another country. On arrival immigration authorities will stamp your passport with an entry Visa valid for 21 days.
Entry/exit requirements for your visit to the Philippines:
Australian. Canada. New Zealand. U.S and UK citizens may enter the
Philippines without a Visa upon presentation of their passport, valid for at
least six months after the date of entry into the Philippines, and a return
ticket to their country or an onward ticket to another country. On arrival
immigration authorities will stamp your passport with an entry Visa valid for 21
days. If you plan to stay longer than 21 days you must apply for an extension.
After the first 60 days of your stay, you will be given extensions of two months
each time you apply for an extension. Very easy to do. You typically have to
leave the country once a year if you are here on a tourist Visa. If you have
been here over six months you will need to receive an exit clearance. Again,
easy to obtain. You can use a travel agency to get your extensions and exit
clearance.
Most of us
do not carry a passport unless we are traveling out of the province. Do yourself
a favor and don't carry a wallet either. Put a few cards and cash in your front
pocket. I have not carried a wallet since the day I arrived here.
Try to keep your Visa
current as there are penalties to pay when you exceed your stay and you cannot
leave the country until these are paid. They are not too expensive but why pay
them.
Live Here? Many do, but most who do are retired. I consult for an American firm as my main source of income. Earning an income in this country is not something you want to try. Sure you can start a business, it won't be in your name, and what type of business? This is not America. Have some real assets before you even consider a life here because you will quickly find that this is not the country to try to build assets. Also keep in mind that many end up returning to the US after a year or two. Ask yourself why after considering that so many other websites call this paradise. We see younger foreigners coming and going all the time. They come here will all their great business wisdom and figure they'll kick butt while here. They don't end up staying long.
