ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresWhat the US considers "having met"

Thanks for all of the replies, guys. I talked it over with her, and she agrees the most realistic thing to do would be to go get married there and then apply for a visa here. I told her it can take 6-12 months. It looks like I have some homework to do, so far CR-1 looks like the best way to go.


Our CR-1 & CR-2 only took 7 months in the Philippines last year. Compile everything you can before you go.

Once there:

Here is a link to the US Embassy

You'll need the Affidavit in Lieu of Legal Capacity to Marry. If you're divorced bring a certified copy of the final divorce decree (the actual order signed by the judge).

There is a 10 day waiting period for a civil wedding so you probably want to go to the USEM the day after you land, book it back to her hometown and get the application for marriage license filled-out and use the waiting period to meet her family & plan the wedding.

After the marriage ceremony use a few bucks to expedite getting a "Certified True Copy" of your Marriage Contract even before it is registered with the NSO. This will work for filing the I-130 Petition. If you've already compiled the rest of the I-130 Package then this will complete it and you can either send it from the Philippines or as soon as you return home.

Edited by Bob 4 Anna, 09 August 2010 - 09:05 AM.

Bob 4 AnnaMalePhilippines2010-08-09 09:04:00
K-1 Fiance(e) Visa Process & ProceduresNo Money, NO PETITION?! OH NO?!!!

Wouldn't you qualify for Direct Consular filing? Check it out in the visa Guide GL


As long as her presence there is all legal she should be able to but September is almost upon them. Maybe if she can stay there a few more months to see the process through then they can return together.
Bob 4 AnnaMalePhilippines2010-08-09 16:10:00
K-1 Fiance(e) Visa Process & ProceduresNo Money, NO PETITION?! OH NO?!!!
Manila Embassy is really picky on Co-Sponsors. Since you are young and have recently completed "higher education" they are generally accepting of that as it means you have a higher future earning potential.

Just remember the co-sponsor will need to have enough income to support your spouse in addition to all of the members of their household at 125% of the current poverty guidelines.

I assume you reported your son's birth to the Embassy in Manila already (CRBA) so he has a US Passport.
Bob 4 AnnaMalePhilippines2010-08-05 08:37:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 Stolen
I agree with "Gary & Alla", it is our responsibility to ensure we have everything backed-up.

Get a gmail account, scan every important document and send yourself a copy. Use what ever level of encryption you feel safe with but never have only one copy of anything that your future could depend on.
Bob 4 AnnaMalePhilippines2010-08-12 11:55:00
K-1 Fiance(e) Visa Process & Proceduresis consent needed?
If you're not from the Philippines or haven't gone through this process (in the Philippines) then please have the respect to read what people who have "Been there, done that" are saying and stop piling guesses on top of a thread that has already been answered as completely as it can be.

There is no need to worry, Philippine Law has been given and she is fine...
Bob 4 AnnaMalePhilippines2010-09-08 16:39:00
K-1 Fiance(e) Visa Process & Proceduresis consent needed?

when you step son travel there is there any issue that they incounter inthe immigration?


We had no problems at all. If the USEM asks tell them you were never married and remind them that your CENOMAR supports that fact. You can print the info from the link in my signature and have it in hand just incase on your interview day but the IO/CO at USEM should know the local laws regarding this.

You will not need travel clearance from DSWD.
Bob 4 AnnaMalePhilippines2010-09-08 07:31:00
K-1 Fiance(e) Visa Process & Proceduresis consent needed?
In the Philippines all that matters is if the parents where married when the child was born, just listing him on the birth certificate doesn't give the father any legal rights.

My step-son has his father listed on the BC and it did not matter.

Also Hague Convention doesn't apply to Philippines.

Edited by Bob 4 Anna, 07 September 2010 - 03:37 PM.

Bob 4 AnnaMalePhilippines2010-09-07 15:36:00
K-1 Fiance(e) Visa Process & Proceduresis consent needed?
The real question is: Were you married to his father or not?

Look at the links in my signature...

Per Philippine Family Code unless the parents were married at the time of birth the bio-logical father has no parental rights unless he sought and was given specific rights in court.
Bob 4 AnnaMalePhilippines2010-09-07 10:43:00
K-1 Fiance(e) Visa Process & ProceduresTo Co-Sponsor or Not to Co-Sponsor?
They don't care about your credit rating. If the Federal Gov't has Tax Liens or such against you then it would be an issue, private debt is of no concern to the US Gov't.
Bob 4 AnnaMalePhilippines2010-09-10 08:04:00
K-1 Fiance(e) Visa Process & ProceduresExpidite/ caregiver needed?
While the Manila Embassy isn't really a difficult one the Philippines is a country that has a reputation for things such as High Fraud, USC looking to import cheap Nanny/Nurse, Pinay looking for gullible Kano to get US Greencard. These images are based on things that have happened in the past and I'm not trying to imply anything of the OP here but he needs to be aware of them.

Even if the expedite request is approved at USCIS all it does is get the interview date sooner, there will still be application & interview process at the USEM. So the OP needs to think "How might this affect her interview at the Embassy given the whole "Philippines as a cheap source of domestic labor" thing? You'd be surprised at some of the things they look at when you're file is with the Embassy. My wife was given undue grief by the Filipino Pre-screener because he son's birth certificate had his biological father's name on it but they we never married. This is a common occurrence in the Philippines but it is also perceived to be common for a married Pinay to use false documents to appear never married prior to a "Kano" (American) boyfriend or husband.

I had called USCIS regarding her son (my stepson) to see if there was anything that could be done because we knew he was deaf & needed Cochlear Implants. I didn't think it was worth an expedite request, was just looking to see if there was another option, the USCIS operator said let's request expedite (even though I told them I know USCIS wouldn't care since he's not a USC). Of course the expedite was denied but our petitions were still approved in 4 months (in 2009) although his was 2 weeks after hers so maybe the expedite request delayed his case by 2 weeks.

But again, if I was the OP my bigger concern would be how might this reason for the expedite request affect the embassy stage?

Seriously, there are a lot of college kids who just need a cheap place to live so giving one room & board in exchange for them being in the house while you work and maybe getting the kids off to school before you get home might just be a lot easier and less stressful than adding this worry to your case.
Bob 4 AnnaMalePhilippines2010-09-27 09:29:00
K-1 Fiance(e) Visa Process & Proceduresim in another country not my home country
There is a place on the I-130 petition to list which embassy the alien relative will have their interview.

No you will not have to return to Egypt for the interview.
Bob 4 AnnaMalePhilippines2010-09-14 20:44:00
K-1 Fiance(e) Visa Process & ProceduresHit a major snag... it may be over

If he is paying your child support of $1600 a month and you arent claiming it, then you should. It doesnt matter if he is paying you directly or if he pays your mortgage. As long as the mortgage is in your name you should be fine. you just need to alter two things, right him a reciept dated for when he made your mortgage payments, and claim in on your next years taxes or amend your previous years taxes. i would go with amending your previous years taxes depending on when you filed your visa.


Child Support isn't taxable income as the Payer has already paid income taxes on it (it doesn't count as a deduction for them).

Edited by Bob 4 Anna, 11 October 2010 - 03:05 PM.

Bob 4 AnnaMalePhilippines2010-10-11 15:04:00
K-1 Fiance(e) Visa Process & ProceduresSunk before I have even started?
He can prove that he left the US before the hearing by showing either used boarding pass from the flight or proof that he was living or working in his home country at that time.
Bob 4 AnnaMalePhilippines2010-10-16 08:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa--My responsibility

I"m willing to say what got me to this point-- I can always use more input and opinions. However, just a warning--it's kind of a long-winded story.


I have to say I can understand your hesitation after reading that. My wife made every effort to contact me as often as possible. Early on she told me that she'd "Miss Call" me, call but hang-up before I had a chance to answer, just to let me know that she was thinking of me. A few times she was out after hours looking for an open internet shop just to spend 15 minutes online with me.

When I flew to the Philippines my wife made her first ever trip to the airport and was there at least 2 hrs before my plane was scheduled to land. I married Anna 3 1/2 months after first e-mailing her, she landed in the US 13 months after that first e-mail. During that time we rarely when a single day without contact, even when it hurt more to see her face or hear her voice (because I was missing her so much).

Even today, 11 months after she landed in Chicago, we still chat, e-mail & talk on the phone while I'm at work (even though the distance is reduced from several thousand miles to about 6 miles we still miss each other during the day).

Sounds like the first girl was a better match for you, too bad she was rash in her decisions at the time.
Bob 4 AnnaMalePhilippines2010-10-20 09:01:00
K-1 Fiance(e) Visa Process & Proceduresillegal family

Its called FAMILY! Where I come from, you protect your family! Not hard to understand.

Would you protect your family?


Yeah but where do you draw the line?

For me it's simple, if they're not doing something illegal then I'm there to protect them but if/when they venture outside of the law then they're on their own.

Under the guise of protecting his family would you suggest they lie about where he has been living & their address on the I-129f Petition and his Visa applications in Mexico?
Bob 4 AnnaMalePhilippines2010-10-27 09:46:00
K-1 Fiance(e) Visa Process & Proceduresillegal family

I am actually surprised that the lawyer did not suggest to marry him and then file an I-130 instead of filing for the K1


Sounds like the lawyer knew that in order to be able to adjust Status from within the US he must have entered legally (which he didn't) so the advice was spot-on.
Bob 4 AnnaMalePhilippines2010-10-27 08:39:00
K-1 Fiance(e) Visa Process & Proceduresillegal family
He is currently accruing unlawful presence as he turned 18 in July.

@Op, just because you've file a I-129f Petition that doesn't stop him from adding days of unlawful presence. Also there is no such thing as an "illegal citizen" he is currently an Illegal Alien/Immigrant...
Bob 4 AnnaMalePhilippines2010-10-26 17:49:00
K-1 Fiance(e) Visa Process & Proceduresillegal family
If he lived with his Mom in the US was his presence lawful or all before his 18th birthday?
Bob 4 AnnaMalePhilippines2010-10-26 16:43:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa though we're already married in Peru?

Ahh ok well I didnt intend to lie, I was just under the impression that our peruvian marriage was not recognized in America, which is why I will have to petition the government (petition to agknowledge marriage or something). Ah well, just an idea. Thanks for the hasty responses though.


The petition has nothing to do with recognizing your marriage, it's to allow you to sponsor her application for immigration to the US.
Bob 4 AnnaMalePhilippines2010-11-04 09:31:00
K-1 Fiance(e) Visa Process & ProceduresK1 visa though we're already married in Peru?
Married in Peru is married in the US also. Filing for K-1 would require you both to lie on official documents during the process which would result in her being banned from entry for her lifetime without the possibility of a waiver.

The processing time difference is just NVC which can be completed in 4 to 6 weeks and the benefits of the immediate LPR Status outweigh the small time difference.
Bob 4 AnnaMalePhilippines2010-11-03 22:39:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa
First of all, they are not Co-signers they are Co-Sponsors...

Second, acceptance of Co-Sponsors is something that is very Embassy specific, check the MENA regional subform and see how UEA handles them.
Bob 4 AnnaMalePhilippines2010-11-08 17:47:00
K-1 Fiance(e) Visa Process & ProceduresAny gotchas with bringing US born child.....
The child needs a US Passport.
Bob 4 AnnaMalePhilippines2010-11-09 12:22:00
K-1 Fiance(e) Visa Process & ProceduresI cant`t provide a 1040 form
Does your income meet the 125% poverty requirement?

If not then you'll need a co-Sponsor anyway.
Bob 4 AnnaMalePhilippines2010-11-09 13:29:00
K-1 Fiance(e) Visa Process & ProceduresUSCIS said he CANNOT visit
Having an Immigrant Visa Petition in the works isn't an automatic denial of entry. Her should bring plenty of evidence of strong ties to return and also the NOA-1 from the I-129f so show he is doing it the proper way.
Bob 4 AnnaMalePhilippines2010-11-09 14:33:00
K-1 Fiance(e) Visa Process & ProceduresWhat evidence is sufficient

How is a photograph not evidence of being in the same place at the same time with a person? You can be in the same country and receive a passport stamp and never meet someone.


Photographs are easily faked and it's nearly impossible to be sure of the date.
Bob 4 AnnaMalePhilippines2010-11-22 12:23:00
K-1 Fiance(e) Visa Process & ProceduresKorean Deportation issue with complications
Let's see...

Using someone else's Identity Documents for personal gain is Identity Theft. Does that crime fall into one of the groups that excludes her from immigration benefits?
Bob 4 AnnaMalePhilippines2010-12-01 10:10:00
K-1 Fiance(e) Visa Process & ProceduresKorean Deportation issue with complications
For Citizenship they ask the question "Have you ever committed a crime for which you weren't caught or punished?", is it asked earlier in the process?

How would she answer this?
Bob 4 AnnaMalePhilippines2010-11-29 14:25:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa, K4 Child - S. Korea

Thanks for your response, it is perfectly understood we need consent and a passport. The question is: does the window to gain a K2 stay open (within the year) and granted once consent and passport are in hand?

Yes, within 1 year from the issuance of Mom's K-1.
Bob 4 AnnaMalePhilippines2010-12-23 15:32:00
K-1 Fiance(e) Visa Process & ProceduresK1 Visa, K4 Child - S. Korea
As long as the child is listed on the forms she can "Follow to join" at any time within 1 year of her mother's Visa approval. After that you would need to sponsor her as your step-daughter (CR-2 Visa).

Either way the child will require the father's consent and a South Korean passport.
Bob 4 AnnaMalePhilippines2010-12-23 15:12:00
K-1 Fiance(e) Visa Process & ProceduresFiance's son living in another country...
This situation is quite common in the Philippines.

If she does't plan to return to the Philippines for her Visa interview then just make sure that the NVC understands they will interview at different Embassies.
Bob 4 AnnaMalePhilippines2011-01-06 10:57:00
K-1 Fiance(e) Visa Process & ProceduresCan graduate school funding satisfy for K-1 sponsorship?
Will it be claimed as income on your tax returns? Affidavits of Support use income from your tax returns.
Bob 4 AnnaMalePhilippines2011-01-06 15:16:00
K-1 Fiance(e) Visa Process & ProceduresJuarez- How long is the VISA good for?
6 months or the validity of her medical exam (which is usually 6 months) so don't to the medical until the week before her interview.
Bob 4 AnnaMalePhilippines2011-01-18 13:26:00
K-1 Fiance(e) Visa Process & ProceduresMinimum income requirements if in college?
Debt isn't considered unless there is an IRS Tax lien against you.

It sounds like between your property and savings you probably won't have any issue exceeding the Sponsorship requirements on assets.
Bob 4 AnnaMalePhilippines2011-01-18 08:33:00
K-1 Fiance(e) Visa Process & ProceduresFiancee's children

thanks. :thumbs: this very helpful for me.. :luv:

in addition to my question: are they going to get medical exam too?like my son is only 6 years old.?

Yep, Gabby was only 2 years old and had to have the medical exam. The young kids get the TB Skin test first and it's like 3 days than you come back so don't go on Wednesday for your first day.
Bob 4 AnnaMalePhilippines2011-01-20 14:16:00
K-1 Fiance(e) Visa Process & ProceduresFiancee's children
Yes, the children will be required to physically attend the interview at the Embassy. For younger children is more just to confirm the kid is the one in the passport (not a niece or cousin etc). For older children they may ask them a few basic questions just to confirm that they are aware of you & your relationship to their parent.
Bob 4 AnnaMalePhilippines2011-01-18 11:57:00
K-1 Fiance(e) Visa Process & ProceduresWe filed for K1. Can I visit him AGAIN using my VWP?

I don't know how you jumped on this tangent re: aosing from vwp. That was never mentioned...in fact, OP has said that she is going back in April to finish the fiance process.

I didn't jump to any tangent. I simply explained how it could be viewed by CBP officer, as I explained in my second reply (3 hrs before you replied).
Bob 4 AnnaMalePhilippines2011-01-24 18:08:00
K-1 Fiance(e) Visa Process & ProceduresWe filed for K1. Can I visit him AGAIN using my VWP?

Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

I didn't mean to come off as if to say that you would be denied. Just to point out that what makes sense to those of us "in the process" doesn't always make sense to everyone else, even CBP.
Bob 4 AnnaMalePhilippines2011-01-24 14:24:00
K-1 Fiance(e) Visa Process & ProceduresWe filed for K1. Can I visit him AGAIN using my VWP?

I´d think the best proof I have is that by April (the month i´ll have my ticket back) The NVC will b sending the American embassy in Spain the packet i need to fill in, besides that, we´re paying a lawyer to help us do this, not that we aren´t clean because we´re clean, we just wanted someone to do it for us since we´re very busy.

Does this make sense?

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?
Bob 4 AnnaMalePhilippines2011-01-24 13:09:00
K-1 Fiance(e) Visa Process & ProceduresDomodedovo Terror Attack: Expedite for Russia?

If it were not for this misguided TPS business, I would have had my NOA2 in early November, and Elena and I would now be looking at dates for her airplane flight. Instead, and because of this TPS business, we are not even past the first step and completion of that step is a distant dream, with not even the slightest and remotest clue as to when it might happen. Am I not allowed to be angry? Adjudicator time that I paid for and that I need to get Elena here was forcibly taken from me in the name of charity. Why doesn't the government raid my refrigerator too and donate my food to the poor?

Where do you get the expectation of 2 months for petition approval? Sure there have been exceptions but you really shouldn't be counting on anything shorted that 5 months for petition approval. By your timeline you should expect NOA2 within the next month or 2 at the most.

Maybe your expectations are a little unreasonable and that is multiplying your frustration.
Bob 4 AnnaMalePhilippines2011-01-26 08:19:00
K-1 Fiance(e) Visa Process & ProceduresDomodedovo Terror Attack: Expedite for Russia?
Expedite requires hardship/emergency on the side of the USC not the Alien Fiancé(e)/Spouse.
Bob 4 AnnaMalePhilippines2011-01-25 18:16:00