Guide The Fiancée Visa Process from start to finish (2017) - based on my recent experience

in life •  7 years ago 

Dear Steemit Friends,

Today I am writing a guide for anyone from the US who has a Fiancée in the Philippines and plans on going through the Fiancée Visa process. This process should also be similar for most other countries with a few minor differences.

Before I begin, I want to make it clear that each experience may be different, but for the most part the same processes are observed. There are also several resources on the internet, however some of them are outdated. I wanted to post a more recent guide based on my recent experience going through the entire process with my fiancée.

The Visa process is typically the same for all foreign beneficiaries/spouses. Some fiancée Visa Process articles are written specifically for applicants from the Philippines, so please make sure you refer to your country's U.S. Consulate/Embassy website for country-specific instructions.


A Little Background about my Arrangement

Unlike most petitioners, who live in the US and have a fiancée in the Philippines whom they are trying to petition for, I myself have been an expat living in the Philippines for the past 11 years. If you read my Introductory Post from a while back, you will know that I have been working for the BPO industry for the past 16 years - almost 11 of those years based out of the Philippines. I have been with my fiancée for almost the entire 11 years I have been here. I finally proposed and as a result will also be moving back to the US. We decided to go with the fiancée visa approach since we were told that getting married and then petitioning as husband and wife would take longer.

We started the entire process in October of 2017 and got her fiancee visa approved in June of 2017. Delays were primarily our fault due to some laziness in submitting our documents. It typically takes about 6 months to complete the entire process.


What you need to know before you begin the process

  1. The entire process is not cheap - There are many expenses and fees you need to pay in order to process a Fiancée Visa application. If you fail any portion within the process, you do not get the money back and will need to pay the fee all over again (however if legitimate you shouldn't have to worry about not passing - the pass rate is typically in your favor)
  2. Passing is not a guarantee - Even though you have a good chance of passing, there is still that small chance you will not due to some technicality, so make sure you cover all your bases and are completely honest about everything.
  3. The process takes months to complete - There is a lot of waiting in between mailing your requirements, and completing the various tasks
  4. Plan Ahead - The process isn't about simply submitting documents and will require your fiancée to visit many different facilities and offices in order to gather required documents, complete medical exams, and submit paperwork. Traffic is not on your side in the Philippines and you will be required to re-schedule any appointments you are late for or miss. Expect your fiancée (and you if you are in-country) to be standing in lines and waiting outside for hours at a time before the scheduled appointments.
    5.Be honest - any mistake or inaccurate information can cause your application to be denied.

Process and Timeline

Step 1: Complete and Submit the I-129F Fiancé(e) Petition [6 months]

All the information you need are found on the USCIS.gov website, please make sure you pay attention to the following items when completing the I-129F Petition Forms and submitting the related evidence(s) that you, the petitioner, need to submit.

  • You, The U.S. Citizen, are the one who’s going to file for the petition.
  • You and your Alien Fiancé(e) must have met each other at least once within 2 years of filing the I-129F Fiancé(e) Petition and are intending to get married within 90 days of his/her arrival to the US.
  • It is not required but if you want to get notified right away through email and/or SMS when they accept your petition (and not wait for the acceptance hardcopies), don’t forget to send in a Form G-1145.
  • The PDF forms that you download from the USCIS website can be filled up directly on your computer using Adobe Reader, or any PDF Viewer.
  • Sign everything in BLACK ink. You will get a Request For Evidence (RFE) Notice if you don’t. It delays the process until you submit the required documents using the correct ink for signatures and information.
  • Make sure you’re using the latest I-129F Fiancé(e) Petition form. Check the upper right corner of the page for the expiration date.
  • Follow USCIS’s instruction on how to fill out your check for payment of filing fees.
  • The filing fee for the I-129F Fiancé(e) Petition is $340. For updated fees, please check Forms and Fees at USCIS.gov.
  • Letters of Intent from both parties declaring that you both intend to marry each other within 90 days of the Alien Fiancé(e)’s arrival to the US. This must be signed and dated.
  • If you were previously married, include a copy of your Final Divorce Decree, Annulment Record or Death Certificate of your previous spouse.
  • You and your Fiancé(e)’s 2″ x 2″ photos should have your names written at the back. Use a pencil or a felt pen. These photos must be taken within 30 days of filing the petition and must have a white background.
  • Whatever you’re sending to USCIS for this I-129F Fiancé(e) Petition, must be made in duplicate. Keep the copy of the entire I-129F package just in case of future RFE’s and for the K1 Visa Interview.
  • Keep all originals of official documents like Birth Certificates, etc. Just send in copies.
  • Letters and forms needing signatures should be originals though. Signed and dated.
  • Make sure your forms are completely filled out. Double-check. Triple-check. Have somebody check it for you. Incomplete and unsigned forms will be rejected seeing as it is deficient.
  • Follow USCIS Instructions on filling up your forms. This is usually on a separate PDF file on the USCIS Form Page. Forms change over time. Some forms require you to put “NONE”, “N/A”, or 0’s on blanks. Some say leave it blank. READ INSTRUCTIONS CAREFULLY.

After about 2 weeks after you mail your requirements off, you should receive your I-129F Fiancé(e) Petition Acceptance Notice (NOA 1) via E-mail and postal mail. You can use the information on this notice to track the status of your petition on the USCIS website.

After about 3-5 months you should receive your I-129F Fiancé(e) Petition Approval Notice (NOA 2) via postal mail.

At this point, the remaining K-1 Fiancé Visa timeline will be:
Approval Notice: 2-3 months after mailing.
National Visa Center Letter: 2-3 weeks after Approval Notice.
Medical Exam: Must be done at least 5 business days before interview.
Embassy Interview: 1-2 months after NVC letter.
Visa Available: 2-5 business days after interview.

We mailed our I-129F Fiancé(e) Petition and requirements off in December and the approval Notice in March (3 months). The next item we needed to wait for in order to proceed was the NVC letter (expected to arrive in 2-3 weeks). While waiting it was time to prepare the affidavit of support and gather the necessary financial support documents below:

1. For Employed

  1. 2015, 2014 and 2013 tax returns with their corresponding W-2’s
  2. 4-5 most recent paystubs
  3. Certificate of Work Employment. It must show as to when he started with the company. Is he employed as a regular or temporary basis and what is his gross annual salary.
  4. 6 months Bank statement, if there be any

2. People who are Self-Employed/Independent Contractors tend to make a "lot of money" (current income) but do a lot of deduct on their taxes and it brings their income to negatives or just below income requirements.
Obtain a photocopy of one of the following:
Your business license.
A signed letter on business letterhead that was written within in the last three months.
A contract between you as an independent contractor and a company.
A letter of self-employment (we can provide a template for this)
6 months bank statement showing entries of income
Tax return (1099/1040)

Since I was working in the Philippines and my income was Philippine based, I had to provide my past 2 years US Income tax returns and filings as proof as well as my Philippines payslips and proof of employment documentation. I also provided my local Philippine tax documents.

Financial Sponsor for K-1
The Manila embassy does not normally accept a joint financial sponsor for a K-1 Fiancee visa. If you are filing a fiancee visa you will be required to meet the financial requirements using only your income. Assets are technically allowed as part of your income for the K-1 but our experience is that the Manila embassy doesn't always accept assets for a K-1. If you are married and filing a CR-1 Spousal visa you will be allowed to use a joint sponsor. If you can't meet the income requirements for K-1 you may want to consider getting married in the Philippines so you can use a joint-sponsor.

Step 2: Preparing and completing the Medical Exam and Embassy Interview [1-2 months]

Once we received the NVC Letter (2 weeks later via postal mail) we were instructed to schedule the Medical Exam and the Embassy Interview. It is very important that you bring a copy (or the originals) of everything you submitted with your I-129F Fiancé(e) Petition. They will randomly ask you for items during the Embassy interview.

We first scheduled the Embassy Interview and then scheduled the Medical Exam 1-2 weeks before the interview. you will need to pay $265 for the embassy interview prior to scheduling the interview (paid at BPI Bank) and a separate payment for medical examination (Php 16,042.50 - payable by credit card when scheduling your exam on the website) which must be completed at the St. Lukes extension clinic in Manila. You can schedule your medical exam online Here.

On the day of the Medical Exam, it is recommended that you get their very early. We arrived at the clinic at 3AM and there were already 3 people lined up at the door. By 6AM when they started to let people in, the line had reached half a block. There was a separate line for people who had previously failed the medical exam who had to return with extra requirements which was just as long.

The US citizen will not be allowed to accompany the fiancee during this portion of the process. We were also told this was the most complicated portion of the entire process and that was no lie. The medical examiners scrutinized everything. They asked about every little scar, scratch, and bump. Some applicants were even questioned about acne. Expect that you will need to provide your medical history including any illnesses. They will do blood work, fecal analysis, urinalysis, and the entire gambit of exams done during a physical as well as examine your body from head to toe. If at anytime you wanted to feel like a lab rat - this would be it. I would highly recommend you take time off of work, eat healthy the weeks prior, and get plenty of rest in order to be in the best condition of your life.

You should bring with you the following materials:

  • Valid passport
  • 1 photocopy of Passport Biographic/Data Page, the page in the passport that contains the
    applicant's photo and information. Photocopy on short bond paper. Passport photocopy should be
    the same size as the original, not enlarged or reduced.
  • 4 pieces recent 2"x2" visa photos (see visa photo guide), 3 for submission to the U.S. Embassy, 1
    for clinic file. ALL PHOTOS MUST BE IDENTICAL. Write the applicant's complete name at the
    back of each photo.
  • NVC Letter with Case Number
    ■ Principal Applicant ­ original & 1 photocopy
    ■ Derivatives ­ 1 photocopy each
    If Letter of Case Number was received via email, print 2 copies for the principal applicant
    and 1 copies for each derivative.
  • Visa Interview Appointment Confirmation from the U.S. Embassy , if available
    ■ Principal Applicant ­ original & 2 photocopies
    ■ Derivatives ­ 1 photocopy each
  • If Visa Interview Appointment Confirmation was received via email, print 2 copies for the
    principal applicant and 1 copies for each derivative.
  • For applicants who registered online, 1 copy of the online registration confirmation form
  • You will also need to bring an official document stating that you are currently able to get married and not already married.
    Regardless of current marital status, applicants who have had previous marriages that were nullified through annulment or terminated through divorce are required to present the annulment or divorce papers (court decision) before their medical report can be completed.
  • I would recommend you bring all documentation you submitted during the entire petitioning process

Once complete, you will need to return the next day to receive your results and find out if you passed. If you passed, you will then be directed to complete the various immunizations. You will also be given a sealed packet with your medical results along with a CD with your details. DO NOT OPEN THE PACKET - you will need to bring this sealed packet to your Embassy Interview.

If you do not pass, you will need to schedule a follow up exam and again pay the fee and go through the entire process again. You will probably also be required to undergo additional medical examinations as well as provide additional medical certifications and documentation.

Embassy Interview
Although not required by the Embassy, we strongly recommend that the U.S. Citizen also attend the interview. This is especially important if your relationship is less than 2 years old. Note that the interviewing consular officer, at his or her discretion, can decide to not allow you in the interview. However, this rarely happens.

On the day of the interview itself, make sure you bring all materials you have submitted as well as the medical packet that was given to you. I would recommend you print out and neatly bind your proof of relationship photos in an album. They will ask you for the pictures. You will also be asked for all of the approval documents that were sent to you via postal mail. They will also ask for your CENOMAR

CENOMAR
The alien must bring a copy of his/her Certificate of No Marriage (CENOMAR) to the interview. It must be issued by the National Statistics Office (NSO) and be printed on NSO security paper. You can call the NSO at 632-737-1111 for more information, or visit their website at http://www.census.gov.ph

It is recommended that you arrive early since lines can again form outside of the embassy prior to your scheduled appointment. You are not the only one scheduled for your timeframe. Once inside you will go to 3 different windows.

  1. Pre-screening - This will be done with a Filipino consulate to ensure you have all of the proper documents.
  2. Biometrics - to register your fingerprint and identity into the system
  3. Embassy Interview -This will be the final Interview with a US consulate. Here only the person being petitioned will be allowed to speak (unless the US citizen is asked a question). Expect to be asked questions such as Why are you getting married, What does your US counterpart do for a living, How long have you been together, When was the last time you were in the US, What do you plan to do in the US, etc.

If all goes well, the US consulate will tell you if you passed or not. If you pass, you will be asked to repeat an Oath and then given instructions and information on the next steps as well as the date when you can expect to receive your US Fiancee Visa. They will keep your passport and documents and return them along with the your visa packet.

You will need to log onto the website on the slip of paper they give you and select whether you want the packet mailed to your home or picked up at the Megamall 2GO shipping office. We chose to pick it up given the local post offices unreliability. You should be able to pick it up after 1 week. AGAIN - DO NOT OPEN THIS PACKET. You will need to carry it with you and hand it over to the Immigration Officer when you arrive in the US - It must be sealed.

Step 3: Final Steps before departing for the US

All individuals applying for a fiancee visa MUST attend the CFO seminar.

CFO Seminar
Any Philippine citizen who wishes to leave the Philippines on a Fiancée or Spousal visa must first attend the CFO seminar. This is a Philippine government requirement and has nothing to do with the U.S. government or the U.S. visa process.

This seminar can only be completed in Cebu or Manila. The CFO certificate is necessary to exit the Philippines. While it may be possible to attend the seminar before the visa is issued, the CFO certificate will not be issued until your fiancée or spouse has the visa in-hand to show the CFO office.

The CFO office may request photocopies of the U.S. citizen's birth certificate, passport, divorce decrees and Affidavit in Lieu of Legal Capacity to Marry (obtained from the U.S. Embassy in Manila if getting married in the Philippines). While they probably don't actually have authorization to ask for these things, it is better to provide them than argue.

The Manila CFO office does not take walk-ins...you must make an appointment online. For more information about the CFO seminar, see the official Philippine government website Here.

Don't Purchase Plane Tickets to the US Until You Have Both the Visa and the CFO Certificate!

Please note that The K1 Fiance Visa is valid for 6 Months only. The petitioned applicant should travel to U.S. before it expires.
And, marriage must take place within 90 days from the date of the applicants arrival in the U.S.

After marriage, your fiance (fiancee) should file I-485, Application to Register Permanent Residence or to Adjust Status. The USCIS doesn’t set a time limit for her to file her Adjustment of Status (AOS). However, there are many good reasons to file her AOS as soon as possible. She will not be able to work until she have her green card or Employment Authorization Document (EAD). Additionally, the medical exam she had for her K visa will expire in 12 months. If she doesn’t file her AOS before the medical expires she will need to have another medical exam. Since she arrived on a K-1 visa, she will not be able to get back into the U.S. / should leave the country for some reason until she have either her green card or the Advance Parole document.

We will be moving back to the US in September and our wedding date is scheduled for the 2nd week after we arrive.


Below is a Summary of the dates for our process - It took us a year because we slacked off during the filing process.


Thank You for taking the time to read about our Fiancee Visa Journey. I hope this also helps serve as a guide for other couples. Good Luck and Best Wishes to all of those going or planning to go through the same process!

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This post received a 2.6% upvote from @randowhale thanks to @cloh76! For more information, click here!

@cloh76
Great writeup!
Keep sharing great content.
THanks!!

Thanks for the support!

This post has received a 6.48 % upvote from @booster thanks to: @cloh76.

Good luck to your journey to married life!

  ·  7 years ago (edited)

Less than a year. Some do take longer right? Maybe being together 11 years helped(more photos or proof)

It's good that we are meeting you on Aug5 since you are moving after that. 👍

  ·  7 years ago (edited)

Thanks @luvabi !

Yup, but I'll be visiting Manila frequently still after I move for work and vacations. I still have properties here as well.

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