HERE'S AN OVERVIEW OF THE K-1 VISA PROCESS:

If you, the American citizen intend to bring your fiancé(e) to the US to get married and reside, your better half would need a K-1 Visa to legally enter the US. You are eligible to apply for the I-129F (Fiancé/Fiancée) Petition if:

1. You are an American citizen.

2. You and your fiancé(e) are free to marry.

3. You and your fiancé(e) have met in person within two years before the petition was filed, unless meeting in person would be against your fiancé(e)'s foreign culture and social practices; or if meeting in person would cause extreme hardship to you. Being financially hard-up is not a valid ground for extreme hardship.

4. You and your fiancé(e) intend to get married within 90 days of his/her entry into the United States.

You then have 90 days to get married upon his/her entry into the US. If for some reason the marriage did not take place within 90 days or if your fiancé(e) marries someone other than you (it's sad, but hey, shit happens!), then he/she should return to his/her home country. This is a single-entry visa and there is no extension for the 90-day period. However, the visa is valid for six months upon issue, meaning the fiancé(e) can leave for the US any time within the six month validity, but the 90-day clock doesn't start ticking until he/she enters the US.

This process is divided into three stages, namely, the filing of the petition, the visa application through the consulate, and the adjustment of status after the marriage takes place. Throughout this entire process, the agencies involved will be asking you for a whole lot of documents (not to mention, fees). In this webpage, you will find a brief description of each stage and list of documents needed.
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STAGE ONE: FILING THE PETITION

The filing of the petition is the first part of the K-1 Visa process. During this stage, the American citizen files a I-129F application at the Immigration and Naturalization Services (INS) Service Center that has jurisdiction over his or her home state. You can download these forms in PDF format at the BCIS (formerly the INS) website.

For this petition, the following are required:

1. Form G-325A (Biographic Information Sheet)
The form is in quadruplicate. We had them photocopied and each of us filled out four sheets. This form is in Portable Document Format (PDF).

2. Form I-129F (Petition for Alien Fiancé/Fiancée)
This form will be filled-up by the petitioner. The form includes several pages with instructions. Read the instructions carefully and go over the forms before writing on them.

Note: If your fiancé(e) has (a) child/children that will be included in the petition, list name(s) on question B-14 of the I-129F form.

3. A cover letter stating the contents of your application packet. You may refer to the cover letter we sent in our application as a guide.

4. Proof of the petitioner's American citizenship.
Drew sent copies of his birth certificate and US Passport. You will only need to send copies of these, however, you must have the original documents whenever the INS requests to see them.

5. A Statement of Intent to Marry.
This may either be one letter signed and dated by the sponsor and the fiancé(e) or individual letters from each of you. There is no specific format for this, but basically, this is where you will explain to the INS how you met and that you wish to get married...mushy stuff. You may also refer to our Statement of Intent to Marry as a guide.

6. Two ADIT photos of each of you.
These are basically colored ID pictures that have special specifications from the INS. Print your name lightly at the back of the photo using a lead pencil or a felt tip pen. For those in the Philippines, a recommended photo shop that handles Visa and ADIT pictures is Florofoto. They know exactly what type of pictures you need.

IMPORTANT NOTE: Photo specifications have recently changed. Consult the BCIS website for more information.

7. Processing fee.
Do not send cash in the mail! You may either pay through personal check or money order. The I-129F form has instructions on payment details.

IMPORTANT NOTICE: Filing fees have recently changed. Please visit the BCIS website for more information.

8. Proof of meeting in person.
Since one of the eligibility requirements for the I-129F Petition is that you and your fiancé(e) should have met in person, you have to satisfy this condition. You must also satisfy any doubts they may have about the validity of your relationship. Now this one is very important because if the INS is not satisfied with the evidence you submit, they will send you a request for more information/evidence which will delay your approval for a few more weeks. Drew submitted copies of the following as proof of our meeting:

a. Itenerary/invoice from his travel agent
b. Philippine Immigration stamp on his passport
c. Northwest Airlines ticket and boarding pass
d. Receipt for terminal fee at the Ninoy Aquino International Airport
e. Receipts from the beach resort we visited
f. Pictures of us together - these are a must-have
g. You may also include copies of a few letters your fiancé(e) has sent you, phone bills, emails, etc. We did not submit these but our petition was approved just the same.

Note: If you and/or your fiancé(e) had been previously married, include copies of documents showing that the previous marriage had been legally terminated.
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THE EMBASSY

After the petition has been approved, the INS Service Center then forwards the approval and documents to the Consulate that will process the visa. During this stage, it is the beneficiary/fiancé(e) that applies for it. The visa is to be granted by the consulate, and so at this point, the INS does not intervene.

New K-1 Visa Procedure (Manila)
According to (Philippines-USA) K1 visa mailing lists, the K1 procedure for the U.S. Embassy in Manila has recently changed. K1 interviews are back! Several K1 visa couples have reported this, so it's safe to say that it is the current procedure. According to a recent K1 applicant, this is what the foreign fiancée's notice from the U.S. Embassy reads:

Beginning September 6, 2002, K1 visa applications will no longer be processed through "drop box" system. Applicants in these categories will now be required to apply for their visas in person at the Embassy. Bring all the required documents to the Embassy's immigrant visa check-in counter(Window X) on any Friday between 7;00 to 11:00 AM for the visa interview.

The requirements for the K-1 visa are as follows:

1. A passport that is valid for at least 6 months.
This can be secured at the Department of Foreign Affairs (DFA) in Pasay City.

2. A certified true copy of his/her birth certificate printed on security paper.
This can be secured from the National Statistics Office (NSO). For hassle-free birth certificates you may want to call the NSO Helpline Plus at 737-1111 to order documents. The fee is a little more expensive through this service, but it saves you time and trouble. The documents will be delivered to your doorstep by (LBC) courier.

3. Certificate of No Marriage (CERNOMAR) printed on security paper.
This document is needed to prove that the fiancé(e) is not married at the time of application. I ordered my own from the NSO and had one ready for submission, but the people that collected the documents needed at St. Luke's didn't ask for it. I got my visa without any problems.

Important Update: According to US immigration newsgroups, the U.S. Embassy in Manila does their own single status checks by ordering their own copy of the CERNOMAR for fiancé(e) visa applicants.

4. NBI Clearance for travel abroad
This can be secured at the National Bureau of Investigation (NBI) office in Taft Avenue and is valid for one year. This can also be secured from a satellite office usually found in local government offices. It took two weeks to obtain it from a satellite office but less people were standing in line there, and therefore, there was less hassle.

5. Forms OF-156 and OF-156K
Important Note: According to marriage-based immigration mailing lists, the OF-156 is now replaced by form DS-156.

6. DS-156K Non-Immigrant Fiancé(e) Visa Application

7. Form I-134 (Affidavit of Support) and supporting documents
This form should be notarized and must be accompanied by the approriate documents that support whatever you declare on the Affidavit. Although this form is included in the packet sent by the Embassy, the petitioner may download it from the INS website and prepare it ahead of time. The sponsor will need to prove to the consular officer that the fiancé(e) will not become a public charge (i.e. primarily dependent on the government) by showing that he/she has enough funds, finances, and/or assets to support the new household. Refer to the Poverty Guidelines for more information.

If your finances will fall short of the requirements, you may have a co-sponsor. This may be a relative (or friend, according to some marriage-based newsgroups and homepages) who is a US Citizen or permanent resident whose income/finances satisfy the requirements. There is no limit to the number of co-sponsors the sponsor can have, but each co-sponsor must submit a Form I-134 plus Income Tax Returns and W-2 Forms for the past three years. In our case, Drew's parents agreed to act as co-sponsors. The supporting documents Drew sent to Nile are as follows:

Drew's income tax returns and W-2 forms for the past year and his parents' W-2 forms and Income Tax Returns for the past three years. You may sumbit plain photocopies of these. Although we had no problems with the copies of rough drafts, you will be better off if you submit transcripts that you can request for FREE.

a. Statement of employment on the employer's business stationery stating position, income, and date of employment.

b. Letter from a bank officer stating the current balance and date the account was opened. With this, Drew also sent a transaction report of their accounts.

c. Investment reports
If your income or the income of your co-sponsor (if applicable) fall short of the requirements, you may use your assets. If you choose to do so, you must provide proof of these assets (Note: Assets must be convertible into cash within one year, according to the INS Fact Sheet).

8. Evidence of a valid relationship/meeting in person.
This may be in the form of phone bills (his phone number highlighted), snail mail letters (include envelopes that have been postmarked or airway bills if they were sent through courier), emails, and most importantly, pictures of you together.

9. Four Visa pictures
This is different from the ADIT pictures submitted with the I-129F Petition. Two pictures will be used for the OF-156 form and the other two will be used for the Patient Data Sheet (PDS) at St. Luke's. Click here to see the specifications and a sample.

10. Commission on Filipinos Overseas (CFO) Guidance and Counselling Session.
This is NOT a requirement from the Embassy, rather, a requirement from the DFA for all Filipinos fiancé(e)s or spouses of foreign nationals. No seminar, no departure. The fiancé(e) needs to attend this to receive a certificate and have his/her passport stamped as proof of attendance/registration. If attending the CFO class before applying for the passport, the the DFA may require the applicant to have the CFO prior to issuance. More details to come after Nile attends the CFO session.

11. Medical Examination
This will be performed at the St. Luke's Extension Clinic near the Embassy. The fee for this is $85, to be paid in pesos based on the current exchange rate.

12. $45 Visa Fee
The fiancé may pay this at any Bank of the Philippine Islands (BPI) or Citibank branch on the list given by the Embassy. The fiancé(e) must bring the OF 156 form for machine validation when paying at the bank. The fee will be paid in pesos based on the current exchange rate. The fiancé(e) must pay this before proceeding to St. Luke's.

Important: Medical exam fees may have changed. Please verify the correct amount with the U.S. Embassy or St. Luke's.

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THE ST. LUKE'S HOSPITAL MEDICAL EXAM

St. Luke's Medical Center Extension Clinic is located at 1117 Jorge Bocobo Street, Ermita, Manila. You may call St. Luke's at 524-60-83, 525-41-73, and 526-43-27. The clinic is open from Monday through Friday (except Philippine holidays). Office hours are from 7:30 AM-11:30 and 1:00 PM to 4:30 PM. Be there early! When you, the applicant, go for your medical exam, remember to bring the following:

Documents for K-1 Visa application

1. Two extra passport photos for St. Luke's Patient Data Sheets (PDS)--so that's 4 visa pictures total, including the other two for the K-1 application

2. A pen

3. Passport

4. $85 medical exam and immunization fee, to be paid in pesos depending on the current exchange rate. (Fees may have changed. Please verify the correct fee with the US Embassy or St. Luke's)

5. Appointment letter from the Embassy or a copy of your NOA #2.

6. Your medical fee receipt if you are asked to come back the next day.

Read Nile's medical exam experience at St. Luke's by clicking on the "Interviews and What Not" link on the menu bar.