In love, time just seems to fly by so fast. It was a couple of years ago when Dan, a software engineer, met Melissa, a marketing assistant, in an online dating website designed for young professionals. Although they grew up from rather different backgrounds—with Dan being an American citizen growing up in the cosmopolitan hub of New York, and Melissa, born and raised in one of the finest islands in the Philippines, Cebu—their passion for books, music, and travel brought them together, forging a bond beyond the everyday virtual conversations. Soon after, they found themselves falling in love, with Dan deciding to hop on a plane to visit the Philippines and finally meet Melissa in person.

When Dan saw Melissa waiting for his arrival at the Ninoy Aquino International Airport, she was just as beautiful as he imagined her to be. With her clear brown skin, long black hair, and almond eyes, Melissa is just the embodiment of a true Filipina beauty. The couple spent two weeks of bliss discovering the natural wonders of the Philippines, traveling to soak in the beaches of Boracay, Bohol, and Palawan, and visiting the summer capital, Baguio City. They also saved the weekend to fly to Cebu and meet Melissa’s family, who greeted Dan with the warmth and hospitality that Filipinos were known the world over for. And as the brief vacation ended, Dan decided that he wanted to take Melissa to the USA so that he can marry her and live out the rest of their lives together.

A lot of people would have the same beautiful love story that Dan and Melissa share—that of an American meeting a Filipina and deciding to spend their lives together. But in order to celebrate something truly beautiful, a lot of time and effort would have to be spent in processing the visa application for your Filipino fiancée, and the fastest and most convenient way to take your loved one home to the United States would be through the K-1 Visa application.

What is a K1 Visa?

A K-1 (Fiancee) Visa is a Non-Immigrant Visa that allows your fiancée to come to the United States for the purpose of getting married ninety (90) days from her arrival in the country. Your 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.

How do I qualify to apply for a K-1 Visa?

In order to be able to apply for a K-1 Fiancee Visa, you must meet the following qualifications and requirements:

•    The Petitioner must be lawful citizen of the United States. Lawful permanent residents or green card holders may not be able to file for the K-1 Visa application.
•    You must be able to prove that you are legally able 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 spousal death.
•    You must have met your fiancée at least once in person within the last two years and should have proof of a solid and ongoing relationship. This can be evidenced through the presentation of photos together, travel and hotel receipts, chat transcripts, emails, phone logs, and other pertinent evidence affirming your relationship.
•    You must meet the income requirement of earning 125% above the poverty line, as per USCIS guidelines.
•    You must be able to demonstrate that you genuinely intend to marry your fiancée within ninety (90) days upon 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.

What are the requirements for a K-1 Visa application?

The K-1 Visa application mainly involves a lot of paperwork to be processed at the United States Embassy in Manila. The requirements involved in the process are the following:

•    A passport valid for travel to the United States and with a validity of at least six months beyond the applicant’s intended period of stay in the United States (unless country-specific agreements provide exemptions).
•    Birth certificates from both parties (petitioner and applicant)
•    Divorce or death certificate of any previous spouse for both the applicant and the petitioner
•    Police certificate from all places lived since age 16
•    Medical examination & vaccinations*
•    Form I-129F (Petition for Alien Fiance). If you have minor children who are eligible to accompany you, then you must enter their details on this form
•    Proof of U.S. citizenship, examples include U.S. passport, original U.S. birth certificate, Certificate of Citizenship or Certificate of Naturalization
•    Evidence of financial support (Form I-134, Affidavit of Support may be requested.)
•    Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)
•    One Nonimmigrant K1 Fiancee Visa Application, Form DS-156K
•    Approval to marry (written consent) if you or your fiancée are subject to any age restrictions
•    Two nonimmigrant visa photos
•    Proof of valid relationship between petitioner and applicant
•    Visa application fees

*All visa applicants are required to have the following vaccinations as deemed appropriate to their age and medical history:

Mumps, Measles, Rubella, Polio, Tetanus and diptheria toxoids, Pertussis, Influenza type B, Hepatitis B, Varicella, Pneumococcal

Your fiancée must be able to present the following requirements prior to undergoing a medical examination for the K-1 visa application.

•    Original and Photocopy of Proof of Payment for the Visa Interview.
Passport and photocopy of first and last page of your Passport.
•    NSO (National Statistics Office) issued copy of your birth certificate.
•    Copies of Termination of Prior Marriage (if either petitioner or applicant has been previously married).
•    NBI Clearance (recent copy).
•    Foreign Police Clearance (if fiancee has resided outside the Philippines after the age of 16. This shall include residence as an expatriate or overseas contract worker).
•    Evidence of Financial Support which shall include the I-134 (Affidavit of Support) which shall be filed up by the petitioner and duly sealed and notarized, the Income Tax Returns for 3 previous years as well as the 3 previous W-2’s of the petitioner.
•    Evidence of your ongoing relationship; which should include letters, 6-12 photos, phone bills, and emails. Do not bring just photos or just letters; you should give at least 6 copies of both pictures and letters.
•    Forms provided in the packet which are filled in with the required information.

Do I need a law firm in the Philippines to assist me with our K-1 Visa application?

With all the requirements, paperwork, and tedious process involved in the K-1 Visa application process, which takes about 4-6 months to complete, it would be best if you would seek quality legal assistance on the matter, in order to save your time and effort. Engaging a legal firm from the Philippines would also help you ease your mind, as they would serve to guide you throughout the process and work around gathering your requirements for the application.

A Philippine law firm will also be able to provide you with pertinent legal advice concerning related matters such as preparing a Prenuptial Agreement, property acquisition, visas, as well as address your other concerns and give you a sense of security.

At Manila Visa, our team of foreign and local lawyers and correspondents are looking forward to assist you with your K-1 Visa application. If you wish to take your loved one from the Philippines back home and live out the life of your dreams, talk to us today and find out how we can make it all happen for you.