US Visa Philippines

Overview

Our expert team of immigration specialists can ensure that you will be able to live the life you have dreamed of with your loved one in the United States. If you are planning to go to the USA on holiday or on business, Manila Visa can also assist you with to assure you of a hassle-free visa application. We offer the following quality services:

• K1 Fiancee Visa
• K3 Marriage Visa
• US Tourist Visa (B-1, B-2 Visas)
• Adjustment of Status
  

K1 Visa

Do you want to marry your Filipino fiancé/e in the United States? The K-1 Visa allows you to get married within five to nine months of your loved one’s arrival in the USA. Your fiancé/ e can also take his children along by filing an application for a K-2 derivative visa.

K3 Visa


The K-3 Visa is a multiple-entry Non-Immigrant Visa which allows your Filipino spouse to stay with you in the United States. However, K-3 Visa holders still have to file for Adjustment of Status in order to become a Lawful Permanent Resident of the USA. You may also take your spouse’s children with you to the United States by filing an application for a K-4 derivative visa.

US Tourist Visa


The US Tourist Visa is granted to people who want to visit the United States for a certain limited period of time for the purpose of business (B-1), holiday (B-2), or medical treatment (B-2). The applicant must show valid ties to the Philippines to be eligible for approval of this visa status.

Adjustment of Status

If you want your spouse to be a Lawful Permanent Resident of the United States and enjoy the same immigration benefits, he/ she must file for Adjustment of Status in order to secure an immigrant visa without having to leave the USA.

CR-1

If your Filipino spouse intends to be able to work immediately upon arrival in the USA, it would be best to file an application for a CR-1 Visa. This Conditional Resident status would enable them to receive the same benefits as that of a Permanent Resident of the United States. The conditional status can be lifted before the end of your spouse’s second year as a conditional resident.

US Tourist Visa Philippines

Overview

Securing a US tourist visa is not a simple task. There are a lot of strict conditions and requirements that need to be complied with before the highly coveted B-1/B-2 visa may be issued.

Not even a fully accomplished visa application, and a complete set of required documents can guaranty the automatic approval of the very elusive US visitor visa.

In more than a few occasions, applicants who are confident of being granted a us tourist visa get shocked by its denial due to unexpected turn of events.

Applicant must overcome presumption of intending immigrant

One of the most common reasons for the denial of an application for a us visitor visa is the failure of the applicant to prove that he has no intention of abandoning his country of origin.

Under Section 214(b) of the US Immigration and Nationality Act (INA), there is a legal presumption that all applicants for US visasintend to acquire an immigrantstatus upon entry in the US.

With above presumption, the applicant has the burden of proving otherwise by presenting evidences showing his strong ties to his country of origin.

What constitute strong ties?

As proof that the applicant does not intend to stay in the US on a permanent basis, he should present evidences such as gainful employment; strong family ties; a profitable business which is hard to let go; or ownership of vast properties difficult to dispose of, among others.

Further, the applicant must show that due to the above strong ties, he has no inclinations of staying permanently in the US, no matter how tempting theliving conditions therein may be.

Aside from the temporary nature of the visit, the applicant must likewise show that he possesses the financial capability to support his brief stay in the country.

In sum, the two most important proofs that must be furnished the US official conducting the interview are the following: a) that there is a bona fide intention to return to the country of origin; and b) that applicant is financially capable to pay for his stay.

The Secret To A Favorable Grant

The secret to an almost guaranteed approval of a US tourist visa is to BE BRIEF!

As long as the applicant proves that his intended stay in the US is temporary, then the chances of approval of the visa application are high.

Furthermore, applicants must establish the truthfulness of the following circumstances, in order to prove his intention of returning to his country of origin:

• _· That he maintains a residence outside the US which he has no intention of abandoning
• _· That he is in possession of a valid passport
• _· That he has means to financially support himself while in the country
• _· That he has social and economic ties in his country of origin
• _· That he will depart at the end of his authorized stay

Two types of US visitor visa

There are two types of US visitor visas: a) the B-1, which is used mainly for business purposes; and b) the B-2, which is availed of usually for pleasure as well as medical or health reasons.

In most cases however, since most business travelers also indulge in tourist activities during their visit, US customs officials generally issue a combined B-1/B-2 visa.

A US visitor visa is customarily granted a validity period of a minimum of three (3) months or a maximum period of ten (10) years. Every visit is however, limited to a maximum stay of six (6) months.

Note should be taken that the expiration date for the visitor visa is different from the authorized length of stay in the US. Said length of stay is a matter left to the discretion of the US immigration inspector at the portofentry.

B-1 visa

B-1 visas are applied for by foreign applicants who intend to meet with their international business associates; negotiate contracts; settle estates; appear in court trials; or attend professional conferences or conventions.

The foreign visitor, although on a business trip in the US, is nevertheless not allowed to accept any form of income or payment from any US source, except for payments received for incidental expenses.

B-2 visa

B-2 visas, on the other hand, are availed of by the applicant for pleasure or tourist travel. Activities for this kind of visa include sight-seeing; visiting friends and relatives; health reasons or medical treatment;or participation in social conventions or seminars. It may be issued in either a “single” or “multiple” entry format.

Under US immigration laws, foreigners intending to enter the country for medical, health or emergency situations using a B-2 visa are still required to submit proof of their strong ties with their home country.

The following are considered as “medical” or “emergency” situations:

• Visiting an ailing family member
• Attending a funeral
• Donating an organ, bone marrow, etc. for transplant to a family member
• Seeking medical treatment in the United States

(Supporting documents relating to the foregoing instances are generally not required to be submitted by the applicant but may be requested by the consular officer on the basis of his discretion.)

Procedure for application of a US tourist visa

1. Upon payment of the machine-readable application fee and the completion of all the basic documents required, the interview must be scheduled within one (1) year from the date of actual payment.

1. An interview appointment may be scheduled either through the:a) Embassy Call Center; or through the b) VisaPoint system. (VisaPoint ™ is a web-based information and appointment system available to applicants for U.S. non-immigrant visas. This system is available in both English and Tagalog and allows applicants to schedule an appointment 24 hours a day, 7 days a week and see all available dates and times on the computer screen.)
   1. Interview proper

If the visa application is approved, the average visa processing time usually takes approximately one (1) week, depending on the volume of the visa issuances. Thus, the applicant will more likely receive the passport with the US Visa attached therein one (1) week after the approval.

The issuance of a visa is not a sure-fire guarantee that the applicant will be allowed entry in the US sincesaid holders are still subject to the scrutiny of the Department of Homeland Security (DHS) officials who are likewise empowered to deny entry even to valid tourist visa holders.

US K3 Marriage Visa / K3 Visa Philippines

Overview

US citizens intending to bring their foreign spouse into the country should file a non-immigrant US K3 Marriage VIsa also known as K3 Spouse Visa.

Once the K3 marriage visa is issued and applicant is allowed to enter the U.S., the alien spouse must apply for an Adjustment of Status (AOS) to convert the non-immigrant status into that of an immigrant. The K-3 visa is valid for two (2) years.

Once the K-3 visa is issued, holders are now allowed to work while in the United States as long as they get the required Employment Authorization Document from the local USCIS.

How to apply for a K-3 Marriage Visa

The K-3 marriage visa application will be accepted only if there is a pending application for a “Petition for Alien Relative,” Form I-130filed with the local US Citizenship and Immigration Services (USCIS) where the US citizen/petitioner resides.

Thus the American spouse must initially file this petition otherwise the USCIS will not accept the K3 visa application.

The US K3 marriage visa usually takes around eight (8) months to process. Once the K-3 visa is approved and the spouse is allowed to enter the US, she may now be allowed to apply for an Adjustment of Status (AOS) in order to convert her status.

The US citizen must possess the following qualifications:

1. A U.S. citizen and at least 21 years of age
2. Must be married to the beneficiary (foreign spouse)
3. There must be a valid, pending application for a Petition for Alien Relative under Form I-130
4. The U.S. petitioner must pass the minimum income requirement provided under the law

On the part of the alien spouse, the following requirements must be present:

1. Must pass the medical exam before the interview at the U.S. consulate is conducted
2. Must be legally married with the U.S. petitioner
3. Must intend to live in the US
4. Must be of legal age to marry in the local country, with no legal impediments

“Relative Visa” vs K3 Visa

Strictly speaking, the US immigration law provides that the primary visa which must be applied for by the American spouse wanting to petition his other half is the “Petition for Alien Relative” under Form I-130 (also referred to as the “relative visa”). This is the reason why such form is required to be filed by the applicant before the K-3 visa.

Thus, technically,even if the K-3 visa is not filed by the applicant, the Petition for Alien Relative under Form I-130 is sufficient and will start the ball rolling.

However, the processing of Form I-130 is somewhat slow and tedious as the approximate period of processing and issuance of such a visa is for two (2) years. The main advantage of this type of application, however, is that it is an immigrant visa, and therefore the applicant will no longer apply for an AOS once it is issued.

The only problem with this kind of application is that the applicant is not allowed to enter the US until its approval, which, as mentioned earlier takes about two years.

Thus, most applicants resort to the simpler K-3 visa which takes only around six to eight months to process, allowing the applicant to be together with the American spouse in a span of only six months more or less. Anyway, the K-3 visa holder is given a period of two years to convert the status from non-immigrant to that of an immigrant.

Derivative Visa for US K3 Visa

If the K-3 visa applicant has dependent children who are 21 years of age or below, they can qualify as K-4 Visa applicants. The US spouse may include the petition for the K-4 application in the Form 129-F, but need not file a separate I-130 for the child’s application. This is because the child’s K-4 application is merely a derivative non-immigrant classification.

In order to qualify for permanent residence, however, a separate Form I-130 must be filed by either the US citizen or the parent who has validly obtained a Legal Permanent Resident (LPR) status.

Both the K-3 and K-4 visa holders are given multiple-entry level and are therefore allowed to travel outside the United States even during the pendency of their “adjustment of status.” Thus even if they leave at this stage, they shall not be presumed to have abandoned their adjustment application.

K1 Fiancee Visa Philippines

Overview

A US K1 Fiancee Visa is a Non-Immigrant Visa that allows the Filipina fiancee of an American citizen to come to the United States to get married within ninety (90) days from the date of arrival in the country. The Filipina fiancee’s unmarried children under the age of 21 may also be able to come with her through the K-2 Visa. Both visa applications are processed at the Immigrant Visa Unit at the United States Embassy in Manila. If the petitioner (American) is already married to the beneficiary (Filipina), they are no longer eligible to apply for a US K1 Fiancee Visa but should instead file an application for a K3 Marriage Visa also known as (K3 Spouse Visa).

Advantages of the US K1 Fiancee Visa over other visa applications

The K1 Visa Philippines has a faster processing time than most visa applications, taking an average period of only four to six months. Once the K1 Visa is granted and the beneficiary is already in the United States, he/she may be able to apply for a Work Permit by filing an I-765 form. The K1 Visa holder also allows to take his/her unmarried children under the age of 21 to the United States with the K2 Derivative Visa.

Qualification to apply for a US K1 Fiancee Visa

In order for you to be able to apply for a K1 Visa in the Philippines, the petitioner must meet the following qualifications and requirements:

The Petitioner must be lawful citizen of the United States. Lawful permanent residents or green card holders are not eligible to file a for the K-1 Visa application.

You must be legally free to marry. If any of you two has been married previously, you must be able to show proof of the dissolution of the previous marriage by divorce, annulment, or the death of your previous spouse.

You must have met your fiancé/e at least once in person within the last two years prior to the application and should have proof of a solid and ongoing relationship. Evidence that can be used to support this fact include photos as a couple, travel and hotel receipts, chat transcripts, emails, phone logs, and other pertinent evidence affirming your ongoing relationship.

You must meet the income requirement of earning 125% above the poverty line, as per USCIS guidelines.

You must be able to prove that you are capable of marrying your Filipina fiancee within ninety (90) days upon his/ her arrival in the United States.

*please take note of some provisions of the Homeland Security Act, which also pertains to some guidelines involving K-1 Visa applications.

US Adjustment of Status

Overview

Generally, if a foreign citizen intends to become an immigrant of the US, he has to apply for an immigrant visa at a US consular post abroad. There is another way, however, of attaining US immigrant status without departing from American soil, and this is through an Adjustment of Status (AOS).

Under Section 245 of the Immigration and Nationality Act, ‘the status of an alien who was inspected and admitted… into the United States…may be adjusted by the Attorney-General, in his discretion.”

Thus, in the case of an alien visitor, as long as he entered the country legally and possesses none of the disqualification, there is a chance that his temporary status may ripen into a permanent one, upon the discretion of the Attorney-General.

Requirements

According to the law, as long as the alien is: 1. eligible to receive an immigrant visa and is admissible to the US for permanent residence; 2. that he makes an application for such an adjustment; 3. and that an immigrant visa is immediately available to him at the time his application is filed, then he will he will be admitted for permanent residence.

Disqualifications

The adjustment of status may not be available to the following individuals:
1.Foreign national crewmen
2.Transit without visa
3.Aliens who entered under visa waivers
4.Aliens who have conditional residence, such as spouses married for less than two years
5.K-1 Fiancée
6.Aliens engaged in unauthorized employment, unlawful status, or failure to maintain status
7.Aliens who entered into marriages during pendency of Administrative or Judicial Proceedings

Applicant allowed to work

Once the application for the adjustment of Status has been filed with the proper government agency, the alien is allowed by law to work for a maximum period of one (1) year, in increments.

This is, if the applicant applies for an employment authorization permitting him to work for an employee within the period allowed by law.

Applicant generally not allowed to leave country while AOS pending
Generally, an applicant is not allowed to depart from the US while his application for an AOS is pending. However, if there is an immediate legitimate, personal, or business cause that needs to be addressed by the applicant during the pendency of his application, he may ask for an advance parole, which will allow him to leave the country without being considered as abandoning his application.

• K1 Fiancee Visa
• K3 Marriage Visa
• US Tourist Visa (B-1, B-2 Visas)
• Adjustment of Status
  

K1 Visa

Do you want to marry your Filipino fiancé/e in the United States? The K-1 Visa allows you to get married within three months of your loved one’s arrival in the USA. Your fiancé/ e can also take his children along by filing an application for a K-2 derivative visa.

K3 Visa


The K-3 Visa is a multiple-entry Non-Immigrant Visa which allows your Filipino spouse to stay with you in the United States. However, K-3 Visa holders still have to file for Adjustment of Status in order to become a Lawful Permanent Resident of the USA. You may also take your spouse’s children with you to the United States by filing an application for a K-4 derivative visa.

US Tourist Visa


The US Tourist Visa is granted to people who want to visit the United States for a certain limited period of time for the purpose of business (B-1), holiday (B-2), or medical treatment (B-2). The applicant must show valid ties to the Philippines to be eligible for approval of this visa status.

Adjustment of Status

If you want your spouse to be a Lawful Permanent Resident of the United States and enjoy the same immigration benefits, he/ she must file for Adjustment of Status in order to secure an immigrant visa without having to leave the USA.

CR-1

If your Filipino spouse intends to be able to work immediately upon arrival in the USA, it would be best to file an application for a CR-1 Visa. This Conditional Resident status would enable them to receive the same benefits as that of a Permanent Resident of the United States. The conditional status can be lifted before the end of your spouse’s second year as a conditional resident.