This is the transcript from the chat on the Fiancée Visa Process hosted by the Virtual Consulate Davao on February 8, 2006.

Due to the high level of participation during the chat, not all questions could be answered during the time allowed. However as a courtesy to our users, the questions that were not posted during the chat have been listed here with the answers.

LIVE CHAT TRANSCRIPT:

CONSUL: Good Morning and thank you for joining us for the fiancée visa chat. We will be happy to answer your questions but we will not be able to answer questions that are not of general interest. For your case specific questions you may email consivmanila@state.gov.

User Asked: - What is the timeline for the interview and receive of the packet after the petition has been approved?

CONSUL: The packet will be sent approximately 4-6 weeks before the scheduled interview date. US embassy Manila is scheduling the interviews for approximately 6 months after the date the petition is received from the National Visa Center.

User Asked: Jim - Hi, I’m a LPR in the Philippines. Can I get a K1 visa in the Philippines to take my fiancée to the states to be married there?

CONSUL: the petitioner must file a K-1 visa petition in the United States. The petitioner must be an American Citizen.

User Asked: mjpat - Is there a chance to be denied if the K visa applicant did not put his/her minor children in the application?

CONSUL: You can add your children to the K petition during the interview process. If you choose not to list or take your children on the K, you may be able to petition for them at a later time.

User Asked: kid - Much of the documentation my fiancée will present during her interview in March is from about 3 months ago because we completed everything early. Is there any problem with our paperwork being that old? Everything is still current, no changes of significance in that time.

CONSUL: Some of the documentation necessary for the K-1 visa application does expire, e.g. the local police clearance, the medical. None of the relevant documents expire within a three-month time period.

User Asked: stels - As the U.S. citizen, do I need a citizenship certification number for the entire process (from filing a petition to the issuance of my fiancée’s visa)?

CONSUL: I’m not sure what a citizenship certification number is. But you will need a valid form of U.S. citizenship either a valid U.S. passport, a certificate of naturalization, or a birth certificate.

User Asked: ilovegreg - is it possible to apply k-1 if you are already married here in the Philippines?

CONSUL: If you are already married you are not eligible for a K1. Your spouse must file a K3 or IR1 for you.

User Asked: jams - on my NOA#2 it says that it is valid for 4 months ... how does that effect the 6 month delay now in Manila? Will my notice run out of time?

CONSUL: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States.

User Asked: enigma - Where can we inquire regarding the status of a specific case?

CONSUL: For questions about specific cases, please call the Manila Call Center at 1-909-101-7878 or email consivmanila@state.gov

User Asked: enigma - If the beneficiary’s address for the delivery of the packet cannot be located by the courier, how do you notify the petitioner/beneficiary?

CONSUL: We send packets to the petitioner and the beneficiary. If the address is incorrect please tell us immediately. Applicant may also pick up the appointment packet at St. Lukes Medical Extension Clinic

User Asked: mikaela - IS IT 100 PERCENT POSSIBLE FOR A K1 APPLICANT CAN PASS THE INTERVIEW IF HER FIANCE WILL ACCOMPANY HER ON THE SCHEDULE DATE AT THE EMBASSY?

CONSUL: Mikaela;
The presence of the petitioner at the fiancée visa interview is optional. About 90% of our fiancée visa interviews take place without the petitioner being present. If there is information that the petitioner can present in the interview that will be useful, they are welcome to attend but again it’s not mandatory.

User Asked: jgapinoy - it seems from the USCIS site that no I-129Fs have been done since December, while other visa applications have been done. Why?

DHS: For information about processing times, visit www.uscis.gov.

User Asked: mr higgins - Can a petitioner participate in the interview via the telephone?

CONSUL: The petitioner cannot participate in the interview by telephone, but the consul may call the petitioner in the U.S. if there are issues that need to be addressed

User Asked: cherrytan - Hi! I’m an American citizen living in the Philippines and I’ve recently gotten married to a Filipino citizen. Does this automatically grant him a Green Card?

CONSUL: No you must file the petition and go thru the process. Please see www.travel.state.gov and check the visa section. Also www.uscis.gov

User Asked: Bing - can I do my interview in Davao?

CONSUL: No all interviews must be done in the Embassy in Manila

User Asked: Steve - what is the actual waiting time for the packet?

CONSUL: Our current waiting time for an interview is more or less 180 days the date we receive the K1 petition from the National Visa Center. Both the applicant and petitioner will be receiving an appointment letter about 30 days before the scheduled interview date. You may also check out our website philippines.usembassy.gov for the list of visa interview appointments, the list is updated every 15th day of the month.

User Asked: Philip - Does the marriage have to be held in the United States after approval? Can the petitioner come to the Philippines to get married and will that marriage be valid in the U.S. and satisfy the K-1 question of marriage? Or will there still have to be another marriage once they come into the United States?

CONSUL: Philip
If you have been issued a K-1 visa DO NOT get married before leaving for the U.S. You must get married within 90 days of arriving in the U.S. but if you marry before you leave then you are entering the U.S. as a spouse of an American Citizen. You have been issued a visa stating that you are a fiancée of an American Citizen. If you are the spouse, then you are entering the U.S. illegally

User Asked: pathdoc78 - I didn’t see an answer to my question I posed. Is age a factor in the visa being granted?... for instance, is there an age cutoff, since I heard it may be more difficult to get a visa if the applicant is under the age of 30...please advise

CONSUL: There are no restrictions on the age of K-1 visa applicants other than meeting the legal age of marriage, but all factors will be considered when determining if the relationship is genuine.

User Asked: karenbabao - should I get approved first before taking the medical exam?

CONSUL: No you must get the medical exam done before the interview

User Asked: barvroel - good morning, are personal photographs a strong evidence of a fiancée relationship?

CONSUL: photographs, letters, remittances etc can be helpful indicators of a good relationship.

User Asked: User asked - Do we need an NBI Clearance?

CONSUL: Mikaela;
You must have a valid NBI clearance at the time of the interview. In the Philippines the NBI and Police Clearance are the same thing. The NBI clearance is valid for all of the Philippines and local police jurisdiction clearances are not necessary. If the applicant has lived in another country for 6 months or longer, he/she will need a police clearance from that country as well.

User Asked: Jim - the question is as an American residing permanently here in the RP can I get a fiancée visa for my fiancée so we can be married in the U.S.? If not what would be the best and fastest route so we can go the states together on my next trip to the U.S., which will be in July 2006

CONSUL: You must be able to show that you have domicile and residency in the US to have the visa approved.

User Asked: lasprec - is there a limit on the number of visas that are approved in the Philippines?

CONSUL: There is no limit to the number of K-1 visas that may be issued in any country.

User Asked: Mac - Is it true that one of the requirements is having known each other for at least 2 years?

CONSUL: You must have met in person within the two years prior to the filing of the petition

User Asked: mjpat - When can know that we pass or failed medical, is it during the interview or prior the interview?

CONSUL: Mjpat
If they have a communicable disease they will be notified at the medical examination so they can seek treatment. If they have some other medical condition that prohibits entry into the U.S., they will be notified at the interview.

User Asked: Marcie - Sir, Good Morning, I have just receive information from a third party that I have an interview at the Embassy about my Visa Petition on February 16th, but due to the time restriction how can I get the appointment rescheduled as I have children in school until mid-March and want to bring them with me. Thank you

CONSUL: Please send an email request to Consivmanila@state.gov or fax to 632-338-4129 and we will reschedule your appointment

User Asked: barvroel - what are the necessary documents needed during the interview?

CONSUL:

1) A Form DS-156, Nonimmigrant Visa Application, in duplicate for each applicant;
(2) An original Form DS-156K, Nonimmigrant Fiancée Visa Application, (Supplement to Form DS-156);
(3) Valid passport (with at least 6 months validity) for each applicant;
(4) The principal applicant and derivatives must undergo the standard immigrant visa (IV) medical examination at St. Lukes Medical Extension Clinic in Manila;
(5) Each applicant must present NSO copy of their birth certificates;
(6) Each applicant over the age of 16 must present NBI clearances;
(7) The principal applicant must present proof of termination of previous marriages, if applicable;
(8) Each applicant must present police certificates of each of the country he/she stayed for more than 6 months outside the Philippines, since attaining the age of 16, if applicable;
(9) The principal applicant must present proof of relationship to the petitioner at the time of the interview;
(10) The petitioner must submit present income and asset information. You may utilize the I-134, Affidavit of Support form duly signed by the petitioner. Applicant must also demonstrate to the consular officer’s satisfaction that they will not become a public charge. Applicant may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.

User Asked: elly - can I petition my fiancée? I'm a U.S. immigrant, do I have to get a citizenship first to file a petition?

CONSUL: You need to be an American Citizen to file for a fiancée petition

User Asked: Adolf triebernig - is my question not being heard?? I’ve sent a couple and none have been answered. Just wondering if you’re receiving them. Thank you.

CONSUL: we have many questions to answer and are trying to answer as many possible.

User Asked: Dan oconnell - can my fiancée come to America on a nonimmigrant visa while we wait for her k1 visa appt?

CONSUL: If your fiancée has a nonimmigrant tourist visa, she can still travel to the U.S. while her petition is pending. If she is applying for a tourist visa she needs to show that she has significant ties to the Philippines and plans to return after her trip.

User Asked: Patrick - What form of Financial Documentation is/are required for my fiancée’s interview process???

CONSUL: You may use the I-134 affidavit of support form as well as the last three years of tax returns. You must show that she will not become a public charge.

In follow up to the financial question we need to see income and asset information to ensure that the person will not become a public charge

User Asked: springdays - What are the most common reason of Administrative Reviews and Denials of K1?

CONSUL: Springdays;
A common reason for administrative review for K visa applicants is the Marriage Index (MI) check. We generally run an MI check to determine whether or not the K visa applicant has an existing marriage to the petitioner or to someone else. You cannot enter the U.S. as a fiancée of an American Citizen if you have an existing marriage that has not been legally terminated.

User Asked: enigma - What are the other documents needed for the Affidavit of Support? Is it a mandatory requirement?

CONSUL: There is no specific Affidavit of Support form required for a K-1 visa. However, the applicant must present sufficient proof that s/he will not become a public charge in the U.S. reliant upon government or public financial support. The form I-134 is a convenient format and is often accompanied by the petitioner’s tax documents.

User Asked: Chris mcdermott - Are there any additional fees that will be needed before or during the interview process?

CONSUL: Each applicant is required to pay a US$100.00 non-refundable application fee. This fee is payable in US Dollars or its current Peso equivalent and is paid at an accredited branch of Citibank or the Bank of the Philippine Islands.

User Asked: eunice_austina - hello...I asked earlier what other proof of engagement can be presented aside from snail mails...because you see we are in computer age now and a lot of more sophisticated way of communication are available can we print emails and chat sessions and bring them during the interview?

CONSUL: Proof of relationship can take many forms and no specific form is required other than personally meeting during the last two years. However, the applicant must be able to demonstrate that the relationship is genuine.

User Asked: asrc_xu - Julie: can a fiancée visa be refused?

CONSUL: Even if the paperwork has been completed correctly there are some common problems with K1 visas that can prevent the issuance of the visa. These include: prior unterminated marriage, lack of domicile etc. If the consul determines that the applicant is not eligible the consul will either: explain in writing how the applicant can correct the problem by submission of lacking or additional documentation OR they will give the applicant a written explanation of the ineligibility and return the petition to CIS

User Asked: jannah - Good morning! Jannah here. Could I proceed with my fiancée visa application even if my friend in the U.S. still has a pending divorce case?

CONSUL: Jannah, Both the petitioner and the applicant must be eligible for marriage at the time the petition is filed.

User Asked: pathdoc78 - how much time prior to the interview, is the medical exam usually scheduled?...I was told by some petitioners that their fiancée had the med exam a day or two before the interview...please advise

CONSUL: The medical exams are usually scheduled at least one week prior to the scheduled interview date.

User Asked: gildomlazaro - I’m now living here in the Philippines for the last 6 yrs, can I apply to petition my fiancée even if I’m not in the U.S.?

CONSUL: Gildomlazaro; The petitioner can live anywhere when the petition is filed in the U.S., but at the time of visa issuance, the petitioner and applicant must demonstrate that they will be domiciled in the U.S..

User Asked: enigma - How do you send the packet of instructions? Via postal mail or via courier?

CONSUL: via postal mail so please tell us if your address has changed

User Asked: eunice_austina - what is the set up of the interview? is it in a room and one on one with the consul? how long does it take for the interview to last?

CONSUL: Eunice_austina
The interview is one on one. Most interviews last less than 10 minutes.

User Asked: asrc_xu - joy: what is the process to have the conditional resident status for my spouse removed?

DHS: To get the CR removed, file an I-751 within 90 days of the second anniversary of the immigrant visa issuance anniversary. Please see www.uscis.gov

User Asked: Dorothy - why is the fiancée visa process faster than a spousal visa?

CONSUL: Dorothy
The K1/K3 process was designed to be faster than the IR process because of the delays in the IR process. The IR process is getting faster. There might eventually be a time when the K3 process will not be necessary.

User Asked: ed fields - can I phone via globe lines now ? thank you

CONSUL: Ed Fields; The Manila Call Center currently accepts only PLDT and Smart landlines

User Asked: mikaela - IS IT POSSIBLE THAT THE K1 APPLICANT WHEN SHE IS ALREADY IN THE US CAN WORK THERE

DHS: A k1 can apply for work authorization but it is not automatic

User Asked: eunice_austina - what if my fiancée who applied for the petition was married here in the Philippines but both of them are now U.S. citizens and the wife applied for a divorce there which was granted and now they are divorced? can that be a point of denial for the applicant?

CONSUL: Valid divorces in a U.S. court are accepted as proof that a marriage has been terminated. Both the petitioner and the applicant must be single and otherwise eligible to marry at the time the petition is filed.

User Asked: Patrick - Will three years of Income Tax Return be sufficient enough plus the I-134 form???

CONSUL: IF your income on your tax returns and the W2s indicates that you meet the Federal poverty guidelines, it normally is sufficient

User Asked: asrc_xu - lily: I will not marry within 90 days of my fiancée’s arrival in the U.S. Can we still apply for a fiancée visa?

CONSUL: Asrc_xu2
No. If you are issued a K visa you must get married within 90 days of your fiancée’s arrival in the U.S. If you do not marry your fiancée he/she must return to the Philippines and another petition must be filed. A K visa holder cannot adjust status or extend the stay in the U.S.

User Asked: jams - What if a fire took tax returns but you still have W-2’s...will they be sufficient enough?

CONSUL: You can contact the IRS for copies of your tax returns

User Asked: ilovegurney - will the k1 visa will be much faster if the applicant got pregnant by her fiancée?

CONSUL: In general no, but in cases of documented medical emergencies we will consider early appointment requests

User Asked: lasprec - I filed my tax returns electronically, how can I receive copies of my tax returns?

CONSUL: You should check the IRS website for more information or contact your accountant

User Asked: kansas_city_usc - if my Philippines fiancée worked in a foreign country for over 6 months, but cannot get a police certificate from there because it is on the list of places where a person must be physically present to receive police certificate then will the manila embassy still require that police certificate, even thought it is impossible for her to get?

CONSUL: Kansas City; Police clearances are not required from countries from which they are not available. Information on individual countries is available from travel.state.gov/visa/reciprocity/index.htm

User Asked: lasprec - are transcripts of my tax returns acceptable?

CONSUL: yes as long as they show the complete income information

User Asked: mikaela - DOES THE EMBASSY WILL ALLOW AND HOLD MARRIAGES IN YOUR PREMISES?

CONSUL: No we don’t hold marriages at the Embassy

User Asked: mattp - hi, can my fiancée wait in manila and pick up visa there directly?

CONSUL: Mattp; Under some circumstances the consul will consider personal pick-up of a visa, but most visas are not approved at the time of the interview, so the applicant should not assume this will be possible.

CONSUL: Here are some helpful websites.

http.uscis.gov/graphics/howdoi/fiancee.htm

www.travel.state.gov

www.unitedstatesvisas.gov

www.chanrobles.com/executiveorderno209.htm for Philippine family code

immigration forms: http.uscis.gov/graphics/formsfee/forms/I-129f.htm

User Asked: psyche26 - Will it help to bring my US citizen fiancée at the interview?

CONSUL: Psyche26
Attendance of the American Citizen fiancé is not mandatory and will not necessarily help your case. About 90% of our fiancée interviews take place without the Amcit petitioner present. If the American Citizen fiancé has information that needs to be presented at the interview, then their participation is welcome. But again, American Citizen fiancé presence is optional.

User Asked: mjpat - Do you inform at once if the applicant is pass or failed the interview?

CONSUL: Mjpat; At the conclusion of the interview the applicant is informed whether all the documentation is in order or what additional documentation or processing may be necessary.

CONSUL:

To contact the National Visa Center from the US the telephone number is 603-334-0700

Or you may email them at nvcinquiry@state.gov

TO contact the CIS National Center please call 800-375-5283 from the US and 785-330-1048 from outside the US

User Asked: jams - Is it true that you are trying to get rid of back log by opening up more days of the week besides Friday for interviews?

CONSUL: James; We conduct K-1 visa interviews every business day.

User Asked: elly - hi I’m a U.S immigrant and I have a month old kid now to my fiancee. Im presently in the Philippines because I got my student re-entry and I’m going back to US after two years, will it be possible to bring my kid with me in the U.S.? what application I need to apply?

CONSUL: Elly;
We need to know more about your case to help you. Please email us at consivmanila@state.gov with the detailed particulars of your case. Are you an American Citizen or an LPR? Where was your child born? Is your fiancée an American Citizen or from the Philippines? What kind of visa are you on now in the RP?

CONSUL:

Thank you for your participation. We apologize if we didn’t answer all of the questions but you can use the contact information that we have provided throughout this chat to contact the appropriate offices. Thank you the chat is now closed. A transcript will be posted on this website within a week.

QUESTIONS NOT POSTED DURING THE LIVE CHAT

K1 vs another visa

USER Asked : asrc_xu: Which is quicker to process, an immigrant or a fiancé visa?

CONSUL: That depends on your personal preference. If you wish to get married in the Philippines, you will need to apply for an IR-1 visa (or a K-3 visa) AFTER you are married. However, if you would like to marry in the United States, your fiancée/fiancé needs a K-1 fiancée/fiancé visa. Both K-1 and K-3 visas offer certain advantages, such as:

• Generally shorter waiting period for K-1 or K-3 than IR-1 (average total processing time of

6-12 months for a K-1 or K-3 visa and more than 12 months for an IR-1 visa);

• Unmarried minor children may be included without a separate visa petition for K-1 and

K-3 visas.

IR-1 visas, on the other hand, offer the advantage of relieving the applicant of further processing with the Citizen and Immigration Services in the U.S. after arrival.

USER Asked: dmac3: Why does it take more time to process a fiancée visa than other visas?

CONSUL: Generally K visas are quicker than Immediate relative petitions. The U.S. Embassy in Manila generally has a longer wait time for the interview due to the large volume of K visa applications. The visa staff is making great strides in reducing the wait time.

USER Asked: If the petitioner comes here before the applicant is scheduled for interview and we decide to get married here, does it affect our papers at the Embassy?

CONSUL: If the petitioner and applicant are married before the applicant enters the U.S., the applicant is no longer eligible for a K-1 visa. The petitioner must file an I-130, petition for his spouse as the spouse of a U.S. citizen.

USER Asked: adingslv: I was a green card holder for 16 years, living and working in the U.S. and married to an American citizen until I moved back to the Philippines and overstayed. I was informed by an Embassy staff to surrender my green card and apply for a tourist visa as my only way of entering the U.S., which I did. Is there an easier way of getting my green card status other than re-applying for a fiancé visa again?

CONSUL: If you are already married to a U.S. citizen and plan to reside in the United States, you are not eligible for a fiancé visa. Your U.S. citizen spouse must file an I-130 visa petition. If you already entered the U.S. on a visitor’s visa, you may be able to apply for adjustment of status at the same time the I-130 is filed. For more information, you can inquire at your local DHS/CIS office or online at http://uscis.gov.

USER Asked : jim: As an American residing permanently here in the RP can I get a fiancée visa for my fiancée so we can be married in the U.S.? If not what would be the best and fastest route so we can go the states together on my next trip to the U.S., which will be in July.

CONSUL: If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States.

USER asked: michael p: What are the timeline difference between applying for a tourist visa vs a K1?

CONSUL: K1 visa = average total processing time of 6-12 months; Tourist visas = average waiting time of 60-90 days.

USER Asked: adolf triebernig: When filing a k-3 visa, how long is it taking to get an interview?

CONSUL: Our current waiting time for an interview is more or less 180 days from the date we receive the K3 petition from the National Visa Center.

USER Asked: jim: Can a USC marry his fiancée and then she apply for a non-immigrant visa if they do not apply for a spouse visa yet?

CONSUL: Yes. Your fiancé(e) may do so but you may have to convince the consular officer that your fiancé have compelling reasons to return to the Philippines after a short visit to the United States.

Where and How to Apply

USER Asked: cpu prince: I have a girlfriend in the states from Texas whom I want to marry, how can I get a fiancée visa?

CONSUL: Your girlfriend in Texas should file a petition with the office of the Citizen and Immigration Services (CIS) that covers her permanent place of residence in the United States.

Petition forms for K-1 fiancée visas (Form I-129F) are available from any CIS office in the United States or the CIS office at the U.S. Embassy in Manila, located at Window 44 in the Immigrant Visa waiting area.

USER Asked: asrc_xu: Can we apply for K1 visa while my fiancée is in the US?

CONSUL: The purpose of a K1 visa is to allow the alien to be admitted to the United States as non-immigrants for the purpose of concluding a marriage to the petitioner within a 90-day period. You cannot change status to a K1 in the U.S.

USER Asked: mac: I am currently here in the RP after my retirement from the military. Where can I get the forms to start processing K1 visa here?

CONSUL: Forms are available electronically at http://uscis.gov/graphics/howdoi/fianceapp.htm, you may also get the relevant forms at Window 44 of the USCIS Manila Sub Office in US Embassy Manila. They are open from Mondays to Fridays from 8AM to 12PM only.

USER Asked: cpu prince: How can I get a fiancée visa if I want to marry a United States citizen?

USER Asked: elly: Will it be possible for me to apply while I’m here in the Philippines or should I apply in the U.S.?

CONSUL: You do not need a fiancé visa if the marriage will take place outside the United States. However, if you want to marry in the United States, the American citizen, your petitioner, must file a petition with USCIS on your behalf. After the petition is approved, you, the fiancé(e) must appear for an interview in the Immigrant Visa Branch of the US Embassy, Manila to obtain a fiancé visa for travel to the United States.

USER Asked: mikaela: Aside from medical and interview fee, what are the other payments to be made?

CONSUL: You need to pay the courier fee for the delivery of the issued visa. It ranges from P165.00 to P500.00, depending on the delivery location.

USER Asked: barvi: Aside from proving a relationship with the petitioner, what are your considerations for issuance of a visa?

CONSUL: The consular officer needs to check the identity of the applicant; needs to determine if applicant is legally free to marry; check for medical or other ineligibilities; and see to it that applicant would not likely become a public charge in the United States.

USER Asked: adolf triebernig: What exactly should you bring to the interview, please?

CONSUL:

• A Form DS-156, Nonimmigrant Visa Application, in duplicate for each applicant;
• An original Form DS-156K, Nonimmigrant Fiancé Visa Application, (Supplement to Form DS-156);
• Valid passport (with at least 6 months validity) for each applicant;
• The principal applicant and derivatives must undergo the standard immigrant visa (IV) medical examination at St. Luke’s Medical Extension Clinic in Manila;
• Each applicant must present NSO copy birth certificates;
• Each applicant over the age of 17 must present NBI clearances;
• The principal applicant must present proof of termination of previous marriages, if applicable;
• Each applicant must present police certificates of each of the country he/she stayed for more than 6 months outside the Philippines, since attaining the age of 16, if applicable;
• The principal applicant must present proof of relationship to the petitioner at the time of the interview;

The principal applicant must present Form I-134, Affidavit of Support duly signed by the petitioner. Applicant must also demonstrate to the consular officer's satisfaction that they will not become a public charge. Applicant may submit a letter from the petitioner's employer or evidence that they will be self-supporting.

USER Asked: slimjim: I had asked earlier but did not understand the answer. What happens if for some reason the marriage is not accomplished within the 90 days? Can another application be done again at a later date?

CONSUL: If the applicant and petitioner fail to marry within 90 days of the applicant’s entry to the U.S., the applicant MUST leave the country. The petitioner must then file a new K-1 petition if he/she still wishes to marry the applicant in the U.S.

Transferring Cases:

USER Asked: Can my K1 visa be transferred to another embassy, ex: Singapore? My fiancé wanted to visit friends there?

USER Asked: I’m a Filipino working in Saudi Arabia. My fiancée will apply for a fiancé visa for me in the U.S. Is it possible that the interview be done at the U.S. Consulate in Saudi Arabia?

CONSUL: If the applicant is residing in, not visiting, a different country, the applicant may request that the file be transferred and the interview by conducted in that country.

Document Questions

GENERAL:

USER Asked: barvroel: Should I pass original supporting documents?

USER Asked: mjpat: Do you allow photocopies of the phone billing statement? We usually submit the original billing to my present company?

CONSUL: You may submit copies of the original supporting documents. But you should be ready to present the original copies at the time of the interview with a consular officer.

USER Asked : enigma: How can we notify you regarding the change in address for the delivery of the packet? Is it possible to have it delivered to the office address instead of the beneficiary?

CONSUL: You may send us a signed letter thru fax, e-mail or postal mail informing of the beneficiary’s new mailing address, be sure to include the case number and the beneficiary’s

name.

USER Asked: brian clasen: How long does it for the packet to be sent from embassy to the fiancé.

CONSUL: Both the applicant and petitioner will be receiving an appointment letter about 30 days before the scheduled interview date.

USER Asked: bing: I have certificate of baptism that dated issued; 2002 do I have to get a new?

CONSUL: Normally the answer is no, but It shall depend on your interview with a consular officer.

USER Asked: sarjie_2002: The discrepancy of the old passport with the new passport is that a big problem?

CONSUL: It depends on the said discrepancy and any accompanying proof of the said discrepancy, if available.

USER Asked: kansas_city_usc: If my Philippina fiancée lost her passport but has since replaced it, will she be required to show “evidence” that it was just lost during the interview (i.e. affidavit stating she lost it)?

CONSUL: She needs to submit a copy of the Affidavit of Loss she submitted to the Philippines’ Dept of Foreign Affairs when she applied for her new passport. If she made a police report, she has to submit a copy of that as well.

USER Asked: dan oconnell: If my fiancée’s paperwork is in error and has to return, how long is the wait time to return?

CONSUL: Your fiancée can correct the problem by submitting lacking and/or additional documentation at the Embassy any workday from Monday to Thursday - Windows 17-20 from 1:00 PM to 2:00PM.

USER Asked: mikaela: If the applicant is denied on her first interview, how long before she can be interviewed again? The petitioner will apply for her to be interviewed again?

CONSUL: It depends on the reason of the denial. If the applicant was denied for lack of documentation, she/he can correct the problem by submitting the missing and/or additional paperwork at the Embassy any workday, except Friday, from 1:00pm-2:00pm. If the applicant was denied for something that renders her/him inadmissible to the U.S. and for which there is no waiver (example: a cocaine conviction), the applicant will be denied no matter how many times she/he applies. If the consular officer determines that the relationship is not genuine, the petitioner will be returned to USCIS for revocation. The petitioner will be contacted by USCIS and given the opportunity to respond to the specific reasons for denial.

USER Asked: asrc_xu: maricel: If I decide not to marry my fiancé(e), can I cancel the petition?

CONSUL: At any time prior to the applicant entering the U.S., the petitioner may contact the Embassy or USCIS and request that the petition be withdrawn. The applicant can also contact the Embassy, either in person or in writing, and advise us that she does not wish to continue with her/his K1 visa application.

AFFIDAVIT OF SUPPORT

User Asked: stels: I work as a scientist/ researcher (currently a postdoc on a 2-year contract) and renewal of contracts for positions like mine are subject to availability of funding. I plan on submitting my petition form (I-129F) soon. Will the apparent short term of my work affect my petition/affidavit of support (I-134)?

CONSUL: It depends on the consular officer during the course of the interview. If the consular officer concludes that the applicant will not likely to become a public charge then the short-term nature of your work would not prove detrimental.

USER Asked: asrc_xu: If I cannot sponsor my fiancé how can my fiancé reside with me in the U.S.?

CONSUL: The consular officer looks at the totality of the circumstances. If the consular officer concludes that your fiancé will not become a public charge then your inability to sponsor your fiancé will not be an absolute negative factor.

USER Asked: stels: What if I had no need to file income in the last three years because I was a full-time student?

USER Asked: Dorothy: Does the petitioner need to be employed for him to petition his fiancée or can he just show other docs to show he supports his fiancée and she will not be a liability to the U.S.?

USER Asked: scotlaughs: What if we only have 2 years of tax records?

USER Asked: patluv: What type of financial documentation does my fiancée need during her interview?

USER Asked: ms_dkasper: What are the procedures for getting an affidavit of support or Form I-134? Where to file?

USER Asked: What are the requirements in getting an Affidavit of Support?

CONSUL: The petitioner must provide sufficient evidence to convince the consular officer that the applicant will not become a public charge-reliant upon the government or public for financial support. Many petitioners find the I-134 and their most recent year’s income tax return the most convenient format, but the officer will consider other documents (bank accounts, real state, other assets) and the totality of the petitioner’s and the applicant’s situation. The Affidavit of Support is filed together with the I-129F (K1 visa petition).

USER Asked: gene82: What if you have a job currently, but do not have tax returns for the prior 3 years due to unemployment? Can that be grounds for denial at the Manila Embassy?

USER Asked: Kansas_city_usc: If the oldest one is under the poverty guidelines but the 2 most recent are well above it, will that be sufficient evidence?

CONSUL: The consular officer normally checks on the current and latest tax return only. If the consular officer concludes that your fiancé will not become a public charge then your inability to present the tax returns for the prior 3 years will not be grounds for denial.

USER Asked: james: So W2s only are not sufficient?

USER Asked: philip: Does financial documentation have to be the tax returns themselves, or can they be the W-2 forms from the employer showing your annual income?

CONSUL: It really depends on the interview. Sometimes, during the interview, the consular officer may require the latest income tax returns to verify the wages declared in the W2s or the I-134.

USER Asked: rjonko: Is money in the bank necessary? Or is income enough?

USER Asked: dan: The Affidavit of Support lists one of the items needed is a statement from the savings bank signed by the bank administrator listing deposits made in the last year. If there were no deposits, is it necessary to include that documentation?

CONSUL: We do not normally look on the bank account. We are more concerned on the income backed up by the latest income tax return.

USER Asked: mikaela: Does a K1 applicant need to show she has a bank account here on her schedule date?

CONSUL: The applicant need not usually demonstrate any independent financial capacity.

USER Asked: mjpat: What if the applicant did not meet the monetary docs, is there a chance to be denied?

CONSUL: It depends on the consular officer during the course of the interview. If the consular officer concludes that the applicant will not likely to become a public charge then the lack of monetary documents may not become an issue.

USER Asked: rjonko: Is $30,000 yearly income enough to support a fiancé?

CONSUL: It depends on how many you are supporting aside from your fiancé.

USER Asked: jogie: Good Day My fiancé’s income did not meet the required income, so is it ok if we will use a co-sponsor? It will be his parents though.

CONSUL: We normally do not require co-sponsors. But it really depends on the interview, if the consular officer concludes that your fiancé will not become a public charge then your petitioner’s inability to present sufficient income will not be grounds for refusals.

K1 RELATIONSHIP

USER Asked: colleen: Does age matter in the interview?

USER Asked: psyche: Is a 32-years gap considered a detrimental factor for K1 applicants?

CONSUL: There are no restrictions on age, provided that both the petitioner and the applicant are of legal age to marry. Whether there is an age gap or not, you must demonstrate to the satisfaction of the consular officer that your relationship is genuine and not just for the purpose of obtaining an immigration benefit.

USER Asked: mikaela: You mentioned that the relationship had to exist for 2 years. What if they have had a relationship for only 1 year, and the guy applied a few months after they met because they love each other?

CONSUL : The requirement is that they have personally met at some point WITHIN two years. So, if the petitioner files the I-129F within months of personally meeting you, it is ok. Regardless of how long the petitioner and the applicant have been in their relationship, the applicant still has to demonstrate to the satisfaction of the consular officer that the relationship is genuine.

PRIOR MARRIAGES

User Asked: eunice_austina: What if my fiancé/petitioner was married here in the Philippines but both of them are now U.S. citizens and the wife applied for a divorce there which was granted and now they are divorced? Can that be a point of denial for the applicant?

CONSUL: If both parties are legally free to marry and the divorce decree is in order, it won’t be a hindrance to the visa application.

USER Asked: barvroel: Is a certificate of non-marriage required to prove that the fiancé is eligible to marry?

CONSUL: The Certificate of No Marriage is not a requirement as a proof that the fiancé is eligible to marry.

User Asked: ms_dkasper: Do my fiancé need send his original divorce papers or photocopy is enough?

CONSUL: You may submit certified copies of the divorce papers, but you should be prepared to present the original copies, if requested by a consular officer during the interview.

USER Asked: gene82: Can a Philippine citizen who is currently married, file for a divorce in a US court and get a decree of divorce and have it be considered legit for the purposes of the K1 interview at the Embassy?

CONSUL: We need to know the citizenship of the other party in the divorce proceedings of the Philippine citizen. If the Philippine citizen former spouse is a US citizen, they we may consider the divorce decree, however if the former spouse is also a Philippine citizen then we may not accept the divorce decree as valid as the Philippines law does not recognize divorce. Furthermore, a divorce decree initiated by a Philippine citizen cannot be recognized in the Philippines.

USER Asked: del_asrcmsu: My previous marriage was just legally terminated, what if upon checking into the MI list, they will find out that the marriage annulment is not filed at MI?

CONSUL: Documentation on the termination of marriage needs to be submitted. The Embassy often requests a National Statistics Office (NSO) marriage index check. NSO accepts requests to amend original documents with appropriate supporting documentation.

User Asked: del_asrcmsu: I was interviewed last June 3, 2005 but was denied due to unterminated marriage, at this time that said marriage was legally terminated and my fiancé filed another petition for me and was already approved. Now I’m just waiting for the packet... do I have a 100% assurance of the approval of K1 visa?

CONSUL: We cannot give any assurances until after the interview and the required documents are seen.

MEDICAL

USER Asked: chris mcdermott: Is it possible to schedule the interview closer to the medical examination if the fiancée is to make a father travel from one of the southern islands?

CONSUL: St. Luke’s medical extension clinic accepts applicants on a walk-in basis. Your fiancé may have her medical examinations any day prior to the interview. However, a lot of times, the medical examinations takes about 2-3 days before everything is completed, so we strongly suggest applicants have their medical examinations at least one week prior to the interview date.

USER Asked: jpapinoy: When my fiancée has a medical exam, are they only looking for contagious diseases, or would something like an ulcer be a problem?

USER Asked: Philip: What are examples of other medical conditions that would prohibit entry into the U.S.?

CONSUL: The Immigrant Visa medical exam is comprehensive, covering communicable diseases and other health issues such as vaccinations, mental disorders, and substance abuse. Infectious tuberculosis is the most common medical refusal, but a visa can be issued once the applicant has been fully treated and cleared as being non-infectious.

POLICE CLEARANCES:

USER Asked: mikaela: Does a K1 applicant submit a police clearance if she already has an NBI clearance?

CONSUL: The only Philippines police clearance applicants are required to submit is from the NBI. The clearance is valid from 12 months from the date of issuance. A valid clearance already in the applicant’s possession may be submitted.

USER Asked : msdinah: Do I need to get all police clearances from provinces that I stayed over 6 months or NBI clearance is enough?

USER Asked: steve: Is it necessary to get a police clearance form all the town the beneficiary resided or will an NBI clearance will an NBI clearance suffice?

CONSUL: If you have only lived within the Philippines, all you need to do is get a clearance from the NBI in Manila.

USER Asked: bing: I was in Korea from June 18 04 to June 14 05, do I need to get a police clearance from Korea? I have been here now for almost 8 months.

CONSUL: If an applicant has resided outside the Philippines for more than 6 months in any other country, a police clearance from that country must be submitted, if one is available. The Embassy will provide information on what clearances are available at time of interview.

USER Asked: sarjie_2002: How about police clearances from other countries? Hong Kong police told me they will send it to the embassy after 3 weeks; Can I call the embassy if they received the record or not?

CONSUL: You may call the embassy’s immigrant visa information call center at 1-909-101-7878, for callers within the Philippines using a PLDT or Smart Phone line with NDD access. There is a fee assessed to callers by the call center for its services. The call center is open from Monday through Friday, 8:00 AM to 6:00 PM.

Travel

USER Asked: enigma: My fiancé is based in Guam and we’re planning to get married in Hawaii. Will there be any bearing regarding my K-1 visa? Can I travel anywhere in the U.S. with that visa within 90 days?

CONSUL : Where you are getting married has no bearing on the K-1 visa. You can travel anywhere within U.S. territory, that includes Guam and Hawaii. Once you entered the U.S. on a K-1 visa, however, you cannot leave U.S. territory and return on that same K-1.

USER Asked: scottlaughs: Once my fiancé and I are married, will we ever be allowed to move to the Philippines together at a later date?

CONSUL: After your marriage, your fiancé (e) must adjust status to become a permanent resident in the US. She will then get a conditional green card. She may then leave the United States for a short period of time.

USER Asked : scottlaughs: Once approved, can my fiancé return home at any time subsequent to marriage?

CONSUL: If your fiancé (e) does not intend to become a permanent resident after your marriage, your fiancé (e)/new spouse must leave the country within the 90-day original nonimmigrant admission. Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.

USER Asked: mikaela: After a K1 marries a U.S. citizen in the States, how long before she can return to the Philippines?

CONSUL: After the marriage is consummated in the United States within 90 days, the applicant must file for an adjustment of status to become a permanent resident at the USCIS office. And once she gets her conditional green card, she may go back to the Philippines for a short period of time.

USER Asked: asrc_xu: We only wish to travel to the US to marry and will return to our home country after the marriage. Do we still need a fiancé visa?

CONSUL: If you are just going to the U.S. for the wedding ceremony and plan to return and reside in the Philippines afterwards, your fiancée could travel on a B2 tourist visa. She would have to provide evidence to the consular officer of her ties to the Philippines to qualify for a nonimmigrant tourist visa.

If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States. If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within the 90-day original nonimmigrant admission.

Your fiancé(e) may enter the United States only one time with a fiancé(e) visa. If your fiancé(e) leaves the country before you are married, your fiancé(e) may not be allowed back into the United States without a new visa.

USER Asked: asru_xu: maricel: Can I enter the US on a fiancé visa, marry and then leave the US for my honeymoon. Is that possible?

USER Asked: asru_xu: elias: After my fiancée and I marry, what do I have to do to take her out of the country on our honeymoon? How long after we are married can we leave and return to the U.S.?

CONSUL: You can travel out of the country after your marriage, but before leaving the United States, you need to file for adjustment of status to permanent resident and also file for advance parole for you to be able to travel outside the United States and get back to the United States without documentation problems.

User Asked: mikaela: Can a K1 applicant still travel to the States if she has a pending K1 interview?

CONSUL: Yes as long she has a valid tourist visa to travel to the United States.

USER Asked: mtn: We want to have a marriage in the RP for her family and then one in the U.S. for my family. What visa do I need then?

CONSUL: I f you wish to get married in the Philippines, you will need to apply for an IR-1 visa (or a K-3 visa) AFTER you get married. The K-3 visa is a way to expedite your spouse’s arrival in the United States. For your spouse to apply for this visa, you must file two petitions; one for the IR-1 visa, and another for the K-3 visa. The K-3 visa permits your spouse to travel to the U.S. as a non-immigrant. If approved, your spouse can use the K-3 visa to enter and leave the United States for up to 24 months during the approval process for the IR-1 petition.

Children

USER Asked: mac: Can the child be included on the application for K1?

USER Asked: asrc_xu: Should I include all of my fiancée’s children in the K visa petition?

CONSUL: Yes. K-1 visas allow unmarried minor (under 21 years old) children to travel to the U.S., either at the same time as your fiancé(e) or within one year of the K1s issuance. All of the children may be included in the petition of your fiancé(e). A separate petition is not required for each minor child.

USER Asked: roy mc naughton 111: My fiancée and I are considering having her daughter follow to join with a k-2 visa. Would she have to be present at the daughter’s interview or could it be a guardian? If they both apply at same time while my fiancée still in Philippines, can the K-2 visa for the daughter be extended beyond six months?

CONSUL: The K1 or K2 visa cannot be extended beyond 6 months from date of issuance. If the K2 will follow to join some other time, he/she should be issued for a K2 visa within one year of K1’s date of issuance. If the one-year window had lapsed a new petition should be filed for the child of the K1. If the daughter will apply as following to join, the mother is not required to be present during the interview; the guardian with proper identification could assist the minor child.

USER Asked: rapt: I have a sister who is planning on marrying a retired military personnel. She has a son in the Philippines and would like to know how long and how to go about with the processing to get her son from the Philippines. She is currently living here in the US.

CONSUL: We need to know the status of your sister in the United States. Is she a permanent resident? We also need to know the age and marital status of her son in the Philippines to be able to advise her on which visa category she could petition her son.

USER Asked: cherrytan; How can I register my baby as an American citizen if she was born here in the Philippines?

CONSUL: If any fiancé or their derivative child believes they may already have a claim to U.S. citizenship, they should contact the American Citizen Services Office through the Manila Call Center at 1-909-101-7878.

Making inquiries:

User Asked: enigma: Can we just go to the embassy and inquire at Window 44 regarding the status of our specific visa case?

User Asked: karenbabao: Can I e-mail you for further inquiries?

CONSUL: You may call the embassy’s immigrant visa information call center; the call center number is 1-909-101-7878 for callers within the Philippines using a PLDT or Smart Phone line with NDD access. For callers in the USA, the number is 1-888-877-9888. There is a fee assessed to callers by the call center for its services. The call center is open from Monday through Friday, 8:00 AM to 6:00 PM). You can also e-mail us at consivmanila@state.gov

Miscellaneous questions

User Asked: archangel: Can an interview be done here in Cebu?

CONSUL: All interviews are conducted at the American Embassy in Manila.

User Asked: pathdoc78: How does the consular official decide if a petition can be extended past its 4 month expiration date?

CONSUL: The consular officer will revalidate the petition as long as the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

User Asked: margaret: Are there special cases being exempted on k1?

CONSUL: If we understood your questions correctly, there are no exemptions. All applicants are interviewed and requested to submit all the required documentation.

User Asked: patman: I have heard from several sources that if an individual brings a $10,000 bribe in US cash to give an examiner that the petitioner is immediately given a visa – Is this true?

CONSUL: This is not true. The consular officers have stringent laws to follow. Consular officers based on the actual interview, the documentation, accompanying proof and evidences to determine if an applicant is eligible for a visa or not.

USER Asked: dan oconnell: I’m reading on the visa blogs that K1s from November receipt dates are currently receiving appointments for March. Is this correct?

CONSUL: Yes. The receipt dates on the early part of November are scheduled in March 2006.

USER Asked: pathdoc78: With the embassy not getting the interviews scheduled within the 4 month period, is the extension granted automatically?

CONSUL: Yes. We automatically revalidate the petitions if we do not schedule the applicants within the 4-month validity period.

USER Asked: silverbay: I just want to ask about the visa payment thing . . .is it sure that the visa will be delivered? Because my friend, who is approved for a K1 visa, does not have her visa yet and we both have the same date of interview . . .

CONSUL: The visa will be delivered once the visa has been approved for issuance. The Embassy’s designated courier – DELBROS courier, delivers issued visas.

USER Asked: mattyormatch: Can my fiancée pick up her visa at the Embassy instead of using the courier service?

CONSUL: In some circumstances, the visa may be available on the following day for pick-up, but standard security checks usually require that it be sent by courier to an address provided by the applicant.

USER Asked: rjonko: The application asks for both petitioner’s phone number and the fiancé(e)”s phone number. Will they be called?

CONSUL: We do not normally call the applicants or the petitioners. We only call the applicants and/or petitioner on special circumstances, such as expedited cases, expiring documents, etc.

USER Asked: lasprec: How long after the interview will it take before the visa is approved?

CONSUL: At the conclusion of the interview the applicant will be informed whether the process has been completed or if additional documentation is necessary. If everything is in order, the applicant should receive her/his visa within 7-10 working days.

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