SITE: Disclaimer. The weak points of this document, and the parts of the Visa Process that can change suddenly.

Introduction

Page 1

K1: A quick introduction to the K1 Process! This is where K1 Folks Need to start reading

K1: K1 items the Filipino fiance must provide. Don't leave without these!

K1: K1 items the American Petitioner must gather. Items that you'll need for the petition.

K1: K1 items for "Special Cases". Uncommon and Rarely Required Documents.

K1: The Step-by-Step K1 Instructions to provide your Fiance

K1: Visual K1 Glossary Sample Pictures of a Visa, CFO Stamp, CFO Certificate, and I-94.

Page 2

ALL: The USCIS ADIT Photo Definition and Specifications

ALL: 25+ Documents Form examples, Documents, Pictures stored in this directory for reference

K1: The K1 Letter of Intent A template that you can use.

K1: The K1 Cover Letter Template - The Blueprint for your K1

ALL: The St. Luke's Experience - Tell your girl, "What to expect."

AOS: An AOS (Adjustment of Status) Guide & Checklist

AOS: A Sample AOS Interview Notification Letter and Checklist.

SSN: How to apply for a U.S. Social Security Number (SSN)

SSN: Social Security Administration Memo: RM 00204.450 - Evidence of Nonimmigrant Status for an SSN Card

SSN: Social Security Administration Memo: RM 00203.500 - Employment Authorization for Non-immigrants

Page 3

ALL: The Total Cost of the Immigration Process From Start to Finish

ALL: The US USCIS General Tips on Assembling Applications for Mailing - How to organize your petition

B1/B2: Why tourist visas are difficult and DANGEROUS to use for marriage - Includes 30/60 Rule.

F1/F2: Why Student F-1/M-1 Visas are not a good immigration method for Fiancés

H1-B: Why H1-B Work Visas are not a good immigration method for Fiancés

FAMILY: Why bringing Mom/Dad/Sister/Brother/Children(18+) from the Philippines is not realistic

RIR: How the RIR (Reduction in Recruitment) Health Visa could get a relative over in 2-4 years

Page 4 (You are here)

IR-1/K3: How to marry in the Philippines - The IR-1/K3 Visa Process (Step-by-Step, Updated Feb 2004)

INFO: Travel Idea - Packing for your trip!

INFO: Travel Idea - Vaccinations & Inoculations 

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.
• Your birth certificate (depends on the situation - take several copies, if possible)

STEP 3: Get married! Afterwards, get a photograph of her for the I-130 (http://uscis.gov/graphics/lawsregs/handbook/m-378.pdf) and a certified copy of the Marriage Certificate.

STEP 4: File the Petition.

After you return to the United States, you should file a petition with the nearest office of the USCIS that covers your permanent place of residence. Petition forms for IR-1 spouse visas (Form I-130) are available from any USCIS 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. USCIS 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 USCIS 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 USCIS.

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)

INS (now USCIS) Implements the "K" Nonimmigrant Visa Provision of the LIFE Act

Application procedures are explained in the Federal Register notice.



Now, to file the K3, here is basically what you do:

1. Citizen spouse files I-130 to Service Center. Obtains notice of receipt from Service Center, files I-129F to Chicago Center.
2. Chicago sends I-129F to Missouri Center, Missouri approves the petition and forwards to foreign US consulate.
3. Consulate sends Packet #3 to foreign spouse, spouse gets medical exam, police certificate, documents, has interview scheduled.
4. Spouse gets K3 visa at interview, enters US as K3, applies for adjustment of status, even if the I-130 is not yet approved.

1. Form I-129F
2. 2 G325a (All 4 pages - One for you. One for wife)
3. 2 ADIT Style Pictures of each of you
4. copy of I-130 notice of receipt
5. copy of marriage certificate
6. cover letter

1. I'll get my baptismal record and bring it with me if we will marry in the Catholic Church. The certificate must be dated no more than 3 months before the date of the marriage and noted "For Marriage Purposes Only" by the church where I obtain it.
2. I arrive in the Philippines for a Minimum of a 21 Days stay.
3. I stop in Manila (M-F,8-9am) or Cebu (call ahead 32-231-1261, they are rather "informal") to get a "Legal Capacity to Marry Document" from the Consulate. (For Manila see http://usembassy.state.gov/posts/rp1/wwwha009.html or for Cebu see http://usembassy.state.gov/posts/rp1/wwwha015.html ).
4. We apply for a Marriage certificate on the day I arrive. (I know it takes 10 business day wait does not normally include weekends/holidays, so we'll have to wait at least until day 14 to marry!)
5. We will attend the pre seminar to meet the Counseling Requirement. Some churches will allows us to attend a "Discovery Weekend" or "Catholic Engaged Encounter" instead.
6. If this is a Catholic wedding, and I am not catholic -- We need to apply for a dispensation from the Parish Office. The dispensation is released after the canonical interview with the parish priest or his assistant. These must be presented one week before the wedding.
7. We will meet with the Priest to see about the Baptismal requirement and show my Baptismal Records (If married in catholic church)
8. You (the bride) check to see if you need permission to marry from your parish, if the venue is in another parish.
9. We post a Wedding Bann. We must post the schedule of our wedding at the two parishes (your local parish, and the one where we will marry if it is different). These will be provided during the canonical interview and have to be brought immediately to the respective parishes of the bride and groom for posting. They have to be returned after three Sundays. Some parishes may require us to also provide pictures for the Bann.
10. We furnish the names and addresses of the principal sponsors (Ninongs and Ninangs) to the parish office one week before the wedding date. We need a minimum of two sponsors... and can have up to six.
11. If either of us was previously married (and our spouse died), we need to furnish a death certificate to the parish office.
12. I will start the 4 weeks of Catholic Seminar on Wed Nights (Or make a "Donation" to your Priest so we can do it all in one day.) to meet the Catholic Seminar Requirement (If this is a civil Ceremony or protestant wedding, it may be easier)
13. We Get Married and I'll return to the US.
14. I must get a "certified marriage certificate" before or after I leave before I can apply for the IR-1.
15. I begin to file an IR-1 Visa with Form I-130 at the USCIS
16. I get a receipt for the I-130 from the USCIS
17. I file an I-129F (K3 Petition) using the receipt from the I-130 (IR-1). The K3 Visa is essentially "Permission to wait in the United States" while the IR-1 Visa is approved.
18. I receive a receipt from the USCIS that they have the K3 application.
19. We wait for 30-300 days for them to approve the application.
20. While we wait, you need to start getting the items needed for your Passport Application
    • Make sure you have 1 Passport Style Photo
    • Make sure you have a Photo ID (NBI Clearance, passport, PRC license, voter id, or school id)
    • Travel alone or with someone to Manila or Cebu for the 1st CFO Visit for the "Guidance and Counseling Seminar": (Even if you HAVE a passport, you will still need this to leave the country. But, you can get this certificate after you have the VISA when you go for the 2nd CFO visit to get the PDOS - Pre Departure Orientation Stamp)
      1. Attend CFO Guidance and Counseling Seminar for 100p at Cebu or Manila CFO (info at: http://www.cfo.gov.ph/filmigrants_bod.htm). They may show some videos or tell stories of ladies who had BAD PROBLEMS with foreigners. Do not worry too much if they do that.
      2. Get a Counseling Certificate from CFO
         *** NOTE: This may take several days, so leave enough time during your visit! This certificate is a requirement to get a Passport if you don't already have one. If you do have a passport, you'll still need this certificate to leave the country. There will be a 2nd visit to the CFO Later after you get the Visa
      3. They will ask you some questions about me (Place of Birth, SSN Number, Address, My Employer...). Make sure you know these before you go, or bring a cell phone and call me if you have questions.
    • If you visit the CFO during your visit to Manila get 4 Birth Certificates. (If you go to Cebu, tell me to order them on the web from the Census web site. I'll give you a reference number that you'll have to pay at a local bank before they will be delivered to your house by mail.)
    • Return from Manila
21. Apply for a passport at the nearest DFA Office. The cost is 500p. The requirements are found at http://www.dfa.gov.ph/consular/passport.htm. You can find the nearest Regional DFA Office at http://www.dfa.gov.ph/consular/rco.htm To get a passport, you'll need to take:
    • An Official Birth Certificate on Security Paper (SECPA) issued by NSO
    • 3 Passport Photos 4.5 cm x 3.5 cm new photo (colored with plain white background)
    • Your Counseling Certificate from the CFO(from above)
    • A Photo ID (School ID or SS Card would do)
22. I will prepare and mail you a Notarized Affidavit of Support (Form I-134) document to keep for the US Embassy Interview later
23. After application is approved, they send it to the US Consulate in the Philippines
24. You should have your passport by this time, if not... get it quickly!
25. You will be sent a K-Packet. (In years past, you could order one as soon as you have a petition. I'm not sure if this is still possible If so, You call 909-01-0011 and request the "K Packet" Or I call the $6 number for foreign citizens 63-2-843-8414 and order it for you.)
26. You will be notified of a date and time to attend a medical exam at St. Luke's.
27. You fill out all of the forms from the K-Packet and wait for your scheduled Medical Exam at St. Luke's Medical Center in Manila.
28. You go St. Luke's for a 2-day medical exam.
29. I send you an Affidavit of Support document for your interview.
30. St. Luke's helps you organize your papers on the last day, and you will be issued an interview date & time for the K3 Interview.
31. You wait in Manila or return home for 2-6 weeks until the interview, then you return.
32. You attend the interview and present your paperwork.
33. You return to your city while the US Consulate Processes the Visa
34. US Consulate approves Visa in several weeks (unless we enter Administrative Review)
35. You get your K3 VISA
36. I come to Get you (or you travel to the US on your own).
37. On the way back you stop in Manila for the CFO (Commission on Filipinos Overseas) PDOS (Pre Departure Orientation Seminar)
38. You attend the PDOS at the CFO. (This is the 2nd CFO Visit) You show your passport and CFO certificate to get a special stamp on your passport.
39. You come on to the United States.
40. We file for an adjustment of Status.
41. The IR-1 gets approved about a year after you've been here, and we laugh at how slow the USCIS is. You've already been in the country for months, and they still send out a notice. We save the notice, but don't do anything with it.
42. We are given a fingerprinting date, and go for fingerprinting.
43. We are given an EAD (Employment Authorization Interview Date), and we attend the EAD interview. You are given an employment authorization card.
44. We go to the Social Security Office, and apply for a SSN card using your new Employment Authorization Card.
45. We are notified of an "Adjustment of Status Interview"
46. We attend the interview, and your passport is stamped with a temporary notice saying that you are approved.
47. 1-3 weeks later, you get a Green Card in the mail.
48. The IR-1 will probably be approved after you have your Green Card. We will laugh at how slow the USCIS is. You've already been in the country for months, and they still send out a notice. We save the notice, but don't do anything with it.
49. 23 Months after you get your green card, we file to remove all conditions of your temporary residency. This will make you a "Permanent Legal Resident".
50. 2 years after you become a Permanent Legal Resident, You can apply for citizenship.
51. You apply for citizenship. (You could start voting now. And, after 5 years, you will qualify for Social Security Beneifts... even if you go back to the Philippines.)

1. Getting a certified copy of the marriage certificate to file the IR-1/K3 can 30+ days after you marry. The certified copies on NSO paper come from Manila. And, the filing system (to get it recorded) takes a while because they have a central registry of all marriages. There's a lot to sort, add, and file in their mail room.
   
   
2. If you have ever wondered why most folks claim that the K1 Visa is quicker, it has to do with more than just the processing time. There is a great deal of "Lead time" involved too. For most, the Spousal Visa requires an one more visit to the Philippines than the K1 Visa. If you are meeting your pen pal for the first time, it's easy to get engaged and file a K1 when you return. If you want to marry, its a bit odd to show up on day 1, get engaged on day 2, File for a marriage license on day 3, and get married on day 13. That's a bit much for the first meeting. Chances are, you get engaged on that trip, and plan to return to marry in 6 months. Then you spend the next 6 months getting the IR-1/K3 visa.

1. Camera to use or leave when I return -- ($200 camera Bought at Ritz Camera Clearance center for $29. Clearance link is in left column 1 page down)
2. Lots of film to use or leave when I return (16 rolls - 400 Speed Kodak Max. Good film hard to find in Philippines)
3. Toiletries for me:
   • Wash cloths for you (2 or 3 if you stay with girl and wash from bucket. Hard to find in PI)
   • Shampoo
   • Band-Aids
   • Neosporin (small tube)
   • Non Aerosol Shaving Gel (Because no Aerosol allowed on Airline)
   • Razor and non-aerosol shaving cream (because of flight regulations)
   • Small Shaving Mirror (If you stay with girl, don't assume they will have a mirror to use!)
   • Toothpaste & two toothbrushes (One for girl)
   • Hair Gel
   • Handi-wipes
   • Skin-so-soft bug repellent
   • Leaver 2000 anti-bacterial Wipes
   • Bar 'o soap
   • Breath Mints
   • 1 Roll of 1-ply Septic tank safe Toilet paper with cardboard center removed, flattened, and put in a zip-lock
   • My Emergency Pill Assortment (little pill case)
     • Alieve (10)
     • Tylenol (10)
     • Tylenol w/ codeine (5)
     • Advil (10)
     • Aspirin (10)
     • Caffeine (200mg) (25)
     • Benedryl (15) (to put me to sleep on the plane)
     • Pseudophed (20)
     • Contact [Cold Capsels] (10)
     • Tavis D [Alergy Pills] (20)
     • Imodium [Diarea Pills] (35)
     • Pepto Bismal [Direa Liquid] (20)
     • Gas-X (15)
     • Roll of Rolaids
     • Cipro (Emergency Travel Antibiotics) (30)
     • Lariam (Maleria Pills) (4)
4. Spare pare of glasses (incase mine get broken)
5. Travel Alarm
6. Games:
   • Uno -- VERY POPULAR! (Consider brining extras sets to give as gifts)
   • A Frisbee (they had never seen one!)
   • Phase 10
   • Travel Checkers
7. Clothes
8. Twin Air Mattress (for me 'an my girl because they sleep on the floor!
9. Slippers (thong thingies -- May be easier to buy there. They can be hard to find in some parts of the US depending on season.)
10. Two photo copies of my Passport (in case lost/stolen)
11. CD/MP3 player (Walkman style)
    • 80 hours of Audio Books on MP3 for flight (3 cd)
    • 150 hours of music (5 CD)
    • 2 sets headphones so we can listen together if we want
    • 4 packs AA Batteries (6)
    • Patch cords to plug into Karaoke or stereo so they can listen to it too:
      • 9mm Stereo Headphone Jack to 2 RCA Female Plugs
      • 9mm Stereo Headphone Jack to 1 Mono Female 1/4" Mic Plug
      • 9mm Stereo Headphone Jack to another 9mm Stereo jack
      • 9mm Stereo Headphone jack to 2 9mm Female headphone jacks + another set of headphones (to listen with your girl)
12. Book - Culture Shock USA for my girl
13. Bible - Give to your girl or her family as a gift. I recommend a good family bible which includes a commentary (Thompson's Learning Bible or NIV Living bible recommended. English is fine. A separate cover with sipper is a bonus. They will love you for this one!)
14. Cash
    • $100 in $20 for travel
    • $500 in $100 bills (in shoe under insole - MUST BE IN PERFECT CONDITION or nobody will take them)
15. New Wallet (Just for trip with only CRITICAL bits of info)
    • Drivers License
    • Emergency Contact Numbers
    • ATM Card
    • One Credit Card (KNOW YOUR PIN NUMBER! Or you can not get a cash advance. You can still use it for purchases though. Call them and have them make a note that you will be in the Philippines. Otherwise, transactions may be blocked.)
    • Xerox copy of Passport folded inside
16. Gifts for family
    • Suitcases (If you can pack a collapsible suitcase in your suitcase, then you can leave your behind. Then your girl will have some when you come back to get her)
    • A bottle of my favorite perfume for girl
    • Cassette or CD Dubs of my favorite music
    • Some clothes for my girl and her family
    • BELTS -- None of the men in my girl's family owned a belt. I brought 2 and left them. The braided leather ones were the best. Due to the small size of Filipino waists, the largest CHILDS belt (30-32") will probably work even for the men. The cost is only 1/2!)
    • Medicine for my girl's family (Bulk from Sam's Club):
      • 500 Advil
      • 500 Aspirin
      • 500 Aleve (Neoproxin Sodium)
      • 500 Tylenol
      • 1000 Centrum Silver Vitamins
    • Couple bags of Hershey's Minibars for the the family
    • American Condiments and sauces for them to try:
      • Bottle of Tabascco Sauce (red,green, or both)
      • Two bottles of Liquid Smoke Marinade (Hickory & Mesquite)
      • One bottle of Whitichire Sauce
      • One bottle of Louisiana Hot Sauce
      • Assortment of American Barbeque Sauces (Cookies, Old Smoke House, etc... from sweet to tangy)
17. Materials that she may or may not need. I did not want to wait on mail, so I am taking everything! Each item below is packed in an individual 9x12 envelope. If there are 2 sets, I label each envelope as original or copy. All items are sorted and bound.
    • 3 G-325a's (1 to fill out & 2 to sign)
    • 2 Certified copies of my Birth Certificate
    • 1 Set of copies of all her letters to me (Evidence of support for Interview)
    • 1 set of copies of all postmarked envelopes she sent me (Evidence for Interview)
    • 1 set of copies of all my letters to her (Evidence for Interview)
    • 2 sets of receipts from Western Union Transfer (Evidence of support for Interview)
    • 2 sets of receipts from PNB Bank Transfers (Evidence for Interview)
    • 1 Copy of the Guide above so she knows what she must do!
    • 1 copy of the St. Luke's Experience
18. One cloth laundry bag to keep my dirty clothes clean and together!

• MMR (Measles, Mumps, & Rubella)
• Tetanus
• Hepatitis B (From my nurse days)
• Small pox

• Hepatitis A
• Malaria
• Cipiron Pills(Same antibiotics use in Anthrax treatment!)

• Typhoid
• Yellow Fever
• Adult Polio Booster
• Flu
• Japanese Encephalitis