Procedures For IR-1 (Spouse) Visas

 (Source: http://usembassy.state.gov/posts/rp1/wwwh3225.html)

 First, you must be legally married in order to petition for your spouse to immigrate to the United States. In most cases, this will mean that you will get married in the Philippines.  

How do I get married in the Philippines?  

STEP 1: Obtain an "Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage" at the US Embassy’s American Citizen Services Branch daily from 7:30 to 8:30 am (Room "P" on Monday, Wednesday and Friday; Window "L" Tuesday and Thursday). The US citizen should first get a red number on the wall across from Window L. The applicant must present his or her US passport. There is a fee of $55.00 or its peso equivalent in obtaining the Affidavit. It is not necessary for the fiancé/e to appear.  

STEP 2: File an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the couple lives. In order to apply for a marriage license, you will need:  

Your US passport;

The Affidavit from the US Embassy;

A divorce decree or spouse’s death certificate, if previously married;

Proof that you have informed your parents if you are 22 to 24; or

Proof of parental consent if you are 18 to 21.  

STEP 3: Get married!  

STEP 4: File the Petition.  

After you return to the United States, you should file a petition with the nearest office of the Immigration and Naturalization Service (INS) that covers your permanent place of residence. Petition forms for IR-1 spouse visas (Form I-130) are available from any INS office in the United States or at the US Embassy in Manila, located at Window 35 in the Immigrant Visa Unit waiting area. STEP 5: Petition Approval. INS approves the petition and sends it to the National Visa Center in New Hampshire for review of the documentation. (Note: Approval of a visa petition by the INS does not necessarily mean that a visa will be issued. ONLY A CONSULAR OFFICER AT THE EMBASSY MAY DETERMINE A PERSON’S ELIGIBILITY TO RECEIVE A VISA.).  

STEP 6: The National Visa Center will send the necessary forms to the spouse and petitioner (You will be also be contacted and asked to complete the Affidavit of Support (Form I-864) and return it to the National Visa Center, which will review it for completeness)  

STEP 7: The petitioner and applicant will return all required forms to the National Visa Center. NVC will then forward all of the relevant documents to the US Embassy, including your Affidavit of Support.  

STEP 8: After receiving the case from the National Visa Center, the Embassy schedules an interview for the spouse with a consular officer. (It is NOT necessary for the US citizen to attend this interview).  

STEP 9: The Interview! If the consul determines that the applicant is eligible to receive a visa, he/she will approve the application and direct the applicant to pay the issuance fee of $65.00 and arrange for courier delivery of the completed visa package, which will normally take 7-10 days after approval. If the consul determines that the applicant is NOT eligible, he/she will either 1) explain how the applicant can correct the problem and return for another interview or 2) will give the applicant a written explanation of the ineligibility and return the petition to the INS. 

Can my spouse bring his/her children?  

Yes. An IR visa allows unmarried minor children to travel to the US, either at the same time as your spouse or at a later date. However, a separate immigrant visa petition is required for each child in an IR case.  

Can I file a petition if my permanent residence is in the Philippines?  

Yes, you may file a petition if you live overseas. However, for an IR-1 visa, you MUST be domiciled in the United States by the time your spouse appears for a personal interview at the Embassy [NOTE: Active duty US military personnel are considered to be domiciled in the United States while serving overseas].  

Are there any other requirements for filing a petition?

Yes. To petition for a spouse:  

You and your spouse must have been legally free to marry at the time of marriage; and

You must be validly married under the laws of the Philippines (see above)

All original materials on this website (www.asawa.org, www.filipinawives.com) are copyrighted by the author, Bob Lingerfelt, 1997 -2007  with materials on file at the U.S. Copyright Office.  No reproduction is authorized, in any form, without express permission of the author.