Marriage and Immigration Information

I will be writing this information from my standpoint as an American husband, for that is what I am and my wife is the Filipino in this case.  I would like you to realize that this information is universal and can be used with a gender switch (American wife/ Filipino husband).  I am unaware of other countries laws on immigration and consequently I can not supply any information to those of you outside the United States.



Disclaimer: The information on my web site or any of my web pages relating to the various legal requirements detailed within is provided for general information only and may not be totally accurate in each particular case.  Questions involving interpretation of specific foreign and domestic laws should be addressed to  foreign counsel, immigration attorneys and /or the United States Department of Justice, INS division.


There are two ways to bring your significant other to join you where you live.

Immigrant Visa
In most cases, an American citizen will become engaged to a Filipina through correspondence.  After writing to each other for many months the American will travel over to the Philippine islands to meet her.  The American and Filipina get married in accordance to the laws of the RP and the he returns to the U.S. after a brief honeymoon and starts the process of filing for her visa.  To begin the process he must submit the Petition for Alien Relative (Form I-130) along with the fee of $80.00 ($110.00 as of Oct. 13, 1998) to the Immigration and Naturalization Service that has jurisdiction over his state.  The couple then has to wait 6-9 months or so, on the average, for the process to be completed and for her to be issued her visa at the U.S. Embassy in Manila so that she can fly to the U.S.  Waiting times can vary considerably and can sometimes be much longer if there are any complications.

Fiancé Visa
Sometimes an American will go to the Philippines, meet and "court" his Fiancé, then return to the U.S. and submit a Petition for Alien Fiancé(e) (Form I-129F) along with the fee of $75.00 ($95.00 as of Oct. 13, 1998) to the INS office that has jurisdiction over his state.  This type of visa is called a K-1 visa and at times have been granted sooner than the Immigrant visa in certain cases.  After your significant other has arrived on the K-1 visa, you then have 90 days to get married and change her status to a conditional permanent resident.
 



 
Whether you apply for a Immigrant visa or an Non-immigrant (K-1) visa, you and your wife/fiancé(e) must prove that you have traveled to the Philippines and met and courted each other in person.  Supporting evidence could include but is not limited to plane tickets, hotel receipts, photographs of you with her and her family together, long distance phone records, letters with postmarks on the envelopes and any other documentation that could be used to show that there is a definite relationship between you and your sweetheart.  It is also best if you are able to prove that you have spent a significant amount of time (more than 6 months) writing to each other and having phone conversations (phone bills) with each other.

You can obtain the necessary forms to file for a visa by contacting the Immigration and Naturalization Service by calling them at 1- 800-870-3676 or by visiting their web site.


For those of you who are planning to marry your sweetheart in the Philippines the process below is what most of you will encounter.

Philippine law requires that a U.S. citizen obtain a "Certificate of legal Capacity to contract Marriage" prior to the issuance of a marriage license.  A Marriage license is mandatory in the Philippines in order for any marriage to take place.  You can only obtain the "AFFIDAVIT IN LIEU OF CERTIFICATION OF LEGAL CAPACITY TO CONTRACT MARRIAGE FOR AMERICAN CITIZENS" at the U.S. Embassy in Manila.  To see a copy of what this certificate looks like click here (under construction)  In order to obtain this certificate you and your fiancé(e) must appear together and in person for a brief interview from an officer at the U.S. Embassy.  *Remember when you are at the Embassy that you do not have to wait in the line that is out front but you and your fiancée can proceed to the gate and inside with your passport.  Do not bring a camera with you as you will have to leave it with the guard outside.*  When you are inside and are called to your interview with an officer of the Embassy you must provide proof of U.S. citizenship by showing your passport and /or birth certificate, you must also furnish proof of termination's of previous marriages (final divorce decrees).  A photo ID, such as a drivers license might also be very helpful to have as well as any photo identification that your fiancé(e) may have (school ID, etc.) I would personally suggest bringing your birth certificate as well as her birth certificate. After asking you and your fiancé(e) a few questions concerning the nature of your relationship, how long you have been corresponding, how long you have been with and plan to stay with your fiancé(e) in the RP, and when your tentative wedding date would be set for he/she will then sign, stamp, and certify this document.  You must then pay a fee of $55.00 and present the receipt to receive the final official certified document.  Remember that you and your fiancé(e) have to both be present for this at the Embassy in Manila.

In the Philippines you are required to take a class with your fiancé(e) on "Family Planning".  This is a two day course on relationships, budgets, birth control, and family roles and responsibilities.  You are then issued a "Pre-marriage certificate" that must be presented as you apply for your marriage license.  I have known a man that was been able to bypass this requirement because it was taught in the native language known to the area that his wife was from.  I was not so lucky because they did their best to speak as much English as they could and they were so excited to have an American in there class.  To read my story and experience click here. (Under construction)

After that is complete you are then free to apply for a marriage license.  You must bring the "AFFIDAVIT IN LIEU OF CERTIFICATION OF LEGAL CAPACITY TO CONTRACT MARRIAGE FOR AMERICAN CITIZENS", your birth certificate, her birth certificate, the "Pre-Marriage Certificate", for those of you who are under 25 or if your fiancé(e) is under 25 you must also have "Consent to marriage of a person under age" which is required if she is under the age of 21 (have her parents accompany you to the City hall), those ages 21-25 must have written parental advise ( a written indication that the parents are aware of the couples intent to marry) if you would like to see a copy of what I used since I was 23 at the time of our marriage click here. (under construction)  Philippine law prohibits marriage under the age of 18.

*There is a 10 day waiting period from the day that you apply for a marriage license to the day that it is issued. This is a good point to keep in mind when you are planning your vacation.  My suggestion is that you set aside 3-4 weeks so that you have a chance to get to know your bride-to-be and also have enough time to go through the necessary steps in this first process.

Now you are all ready to be married in the legal sense (whatever other preparations that you and your wife intend, such as; dresses, receptions, cake, etc.  is up to you)

OK, so now you are married, What comes next?
You have to return home and begin the process for your wife to receive a visa.

File the Immigrant Visa Petition  - You must file the Form I-130 (Petition for Alien Relative) with the INS that has jurisdiction over where you live.  Along with this form you must also present copies in duplicate of your certificate of marriage, proof of your U.S. citizenship (birth certificate),  You need to file 2 of the Form G-325A (Biographic Information), one about you and one about your wife. You must also send the fee of $80.00 ($110.00 as of Oct. 13, 1998) or your petition will be rejected.  It is best to send the fee in the form of a money order to avoid the 2 week delay for funds to reach the INS.

My suggestion on paperwork is that you type out all of the information on the forms instead of printing them by hand.  With the Form G-325A, I also suggest that you bring multiple copies with you to have your wife sign them because mail to and from the Philippines for this form could add weeks of waiting.
If there are any problems with the information that you submit to the INS or to the U.S. Embassy your wife could be delayed in her receiving a visa.  Both of our governments like to make sure that this is not a fraudulent marriage and they will do all that they can to delay entry to an immigrant. Make sure that all of your paperwork is completely correct before sending it to any agency.

Obtaining the Immigrant Visa - When the INS approves your petition they will forward it to the National Visa Center (NVS) in New Hampshire.  The NVS will then notify your spouse by mail.  It also goes from the NVC to the U.S. Embassy in Manila where they send your wife a packet of information on what she is to do next to obtain a visa. My suggestion is that prior to you leaving for the Philippines you obtain a packet of forms from the INS that you would need to petition your wife and multiple copies of G-325A.  Also, while you are there with your wife, you should instruct her to start obtaining the following:

Passport (have her apply for this in her new name immediately after your marriage)

Birth Certificate (she should get this done before you apply for a marriage license)

Marriage Certificate ( both you and her will need certified copies of this, yours for the INS hers for the Embassy)

NBI (National Bureau of Investigation background and criminal check- Philippine FBI) or also called police clearance

Immigration photos of herself and you. (this you should do with her in the RP as you will find many photography studios that know the requirements of the photos requested)

It is important that your wife obtains her passport, birth certificate, marriage certificate, and police certificate (NBI) as far in advance as possible. Each of these items could take weeks to acquire.  After she has all of that and receives the first packet of instructions and forms from the Embassy she should send in only what they ask and bring all of the rest of the documentation with her to the interview.

The following are things that are also required at the time of the interview

Affidavit of Support (Form I-864) with ALL supporting documents (tax returns, bank statements, employer letter, etc.) YOU must fill out this form and sign it before a Notary Public.  This document basically states that you are taking financial responsibility for your wife and that she will not become a public burden or require any financial assistance (welfare) etc. from the U.S. government. You will be furnishing information about your prior 3 tax years, employment, income, savings, assets, and property holdings.  This is a dated form and you will not want to have it notarized or dated until you receive a confirmed interview date from the U.S. Embassy in Manila. You should send this to her immediately after she informs you of her interview date.  This form can not be more than six months old at the time of her interview or you will be asked to resubmit an updated form and add 2-3 months of waiting.

Her required medical exam -she can not make an appointment for this exam until she has her interview confirmation letter and her passport, these items must be presented upon entering the clinic. This exam should be done 2-3 days prior to her interview at St. Luke's Hospital Extension Clinic on the 4th floor of the Victoria Building, 429 United Nations Ave., Manila. You should also instruct her NOT to open the sealed packet that the doctor gives her. I am not sure of the cost for this exam at this time but I will update this information as I find out.  Your wife must complete this medical exam before her Embassy interview. She will receive her results one day after her exam.  It would be advisable to have your wife visit her personal doctor for a complete check up after your wedding so that there are no surprises at the official visa medical exam.


Now she is ready for the interview.  In addition to the above mentioned documents your wife should also bring the proof of your relationship and marriage such as copies of your long distance phone bills, hotel receipts from your visit and/or honeymoon, pictures of your wedding, all of your courtship letters, wedding bills and receipts, and any other evidence that you can think of which verifies your legitimate courtship and marriage with your wife in the Philippines.  Your wife should be thoroughly prepared for her interview (documents and evidence should be prepared meticulously) and although she will probably be carrying dozens of documents and proofs of evidence that they will never ask for at the Embassy it is best to be way over-prepared than to have to reschedule an interview which could add months to your wait.

After the visa interview at the U.S. Embassy, your wife will hopefully be approved and issued her visa, normally one day after the interview.  She is then required to attend a class taught by the "Commission on Filipinos Overseas" (CFO). She should ask for the address of this class upon receipt of her visa.  This is a required class and she will not be allowed to board a plane unless she has the "CFO" stamp in her passport.  She is required to bring a passport sized photo, her passport and  her visa along with a photocopy of it.  This class has often been referred to as the mystery class because so many people are not made aware of this requirement by the U.S. Embassy.

You might want to wait to purchase the airline ticket for your sweetheart until she has her approved visa in her hand and it has the CFO stamp in it. The embassy tells stories of unfortunates who tell them "But I already have my ticket and I have to use it tomorrow or I lose the money." If you do purchase a ticket beforehand, make sure it is 100% refundable if your travel plans change. You never know what might happen to delay the process at the embassy. Simple things like "brownouts" can close the Embassy for a couple of days and set back a scheduled interview.
 
Remember it is not uncommon for Filipinas to work outside the Philippines sometimes. As described above, a lady is required to obtain a police clearance from the NBI. But if she has worked or lived outside the Philippines for six months or more, she will also be required to provide a police certificate from that country (except Saudi Arabia). For example, some Filipinas may work as domestic helpers in Hong Kong or Singapore and they will be required to get a police certificate from any of the countries that she has worked in. The U. S. embassy can give her information on how to obtain the clearance, but she has to do it herself. This can add up to three months to the paperwork and red tape.
 
 
I've have been recently informed that the finger print requirement is no longer in effect for the Philippines at this time for Immigrant and Fiancé Visas. Your wife may be required to have her finger prints taken upon adjustment of status with the INS division near your current address.
 


If you are this far then what are you waiting for? Go buy your wife a plane ticket and get her over here.

I will add to this information from time to time as I receive updates and I will also start the new information of what to do when she arrives after I get a chance to go through it myself.
 

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