Obtaining a Fiancé(e) Visa in the Philippines through Engagement to a U.S. Citizen (K-1 Visa)

What is a Fiancé(e) Visa?

A fiancé(e) visa (also called a K-1 visa) is a nonimmigrant visa issued by the U.S. Embassy to a foreign national engaged to a U.S. citizen. It allows the foreign fiancé(e) to enter the United States to marry the U.S. citizen within 90 days of arrival and then apply for permanent residence.

This visa exists to provide a lawful way for individuals to enter the U.S. for the sole purpose of marriage when other visa options are not available. Individuals already admitted under certain employment visas may use that status instead of applying for a K-1 visa.

Fiance(e) Visa Eligibility Requirements 

To qualify for a K1 fiancé(e) visa, all of the following requirements must be met:

♥ The sponsor must be a U.S. citizen.
Only U.S. citizens may apply for a fiancé(e) visa. Permanent residents (green card holders) are not eligible to file a fiancé(e) visa petition.

♥ The U.S. citizen must not have certain disqualifying criminal convictions.
If the citizen has a criminal record, consultation with an attorney is required.

♥ Both parties must be legally free to marry.
You cannot be in the process of divorce or annulment. All prior marriages must be legally terminated before filing.

♥ The couple must have met in person within the past two years.
Phone calls or video chats alone are not sufficient—there must have been an in-person meeting.

♥ The couple must intend to marry each other after entering the U.S. on the fiancé(e) visa.
You cannot receive a fiancé(e) visa and then marry someone else, nor apply for the visa solely for the purpose of living in the U.S. without genuine intent to marry your sponsoring fiancé(e).

♥ The applicant must not have serious criminal records.
Serious crimes—including fraud, document forgery, theft, money laundering, or homicide—may result in denial. Any such history requires immediate consultation with an attorney. Even offenses such as DUI or violent behavior can pose immigration issues, though minor offenses may be resolved with legal assistance.

♥ There must be no serious violations of U.S. immigration law.
Many applicants are unaware they have violated immigration law until the attorney reviews their case. Immigration violations can threaten green card approval. Any past violations—or possible violations—must be disclosed to the attorney, and additional legal fees may apply if the case is complex.
Examples of serious violations include:
• Being placed in removal (deportation) proceedings
• Submitting falsified documents and being caught by immigration authorities
• Entering the United States by crossing a border unlawfully
Less serious violations may include an overstay of under 6 months with prior permission to remain.

♥ The couple must not have met through a prohibited international marriage broker.
If the couple first met online through a company that failed to disclose certain criminal background information about the U.S. citizen (as required under IMBRA), the fiancé(e) visa may be affected.
Most platforms, such as Facebook, IMO, or e-penpal sites, are generally not problematic. However, if you first met online, you should consult an attorney to ensure compliance with IMBRA.

Frequently Asked Questions (FAQ) About Fiance Visas

• What should I be careful about after entering the country with a fiance visa?
• Can I get married and apply for permanent residency after 90 days of entering the country on a fiance visa?
• Can I enter the country on a fiance visa and work for 90 days?
• Can I enter the country with a fiance visa and study?
• What are the advantages of a fiance visa?
• Can I travel abroad with a fiance visa?
• Can I get a fiancé visa for a same-sex marriage?
• If you marry a citizen through a fiancé visa but are a victim of domestic violence

Must-Read! Fiance Visa Denial Cases

Below are actual cases of fiance visa denials. These are collected from actual cases introduced on the Immigration Lawyers Association's attorney bulletin board and actual cases I have come across while consulting with clients. 

• I should have written None on the application form.
• I did not submit my ID photo or my ex-spouse's divorce certificate.
• We met at least once in the past two years
• Citizens without jobs
• If the citizen is disabled
• Citizen's fiancé commits child sex crime
• See the fastest approval of an I-129F fiancée visa petition

The costs associated with applying for a fiance  visa can be categorized into: ① immigration fees, ② U.S. Embassy fees, ③ medical examination fees, ④ attorney fees, ⑤ postage, and ⑥ additional fees. All fees we provide are based on truthful facts and are transparently disclosed. However, we prefer discussing it directly with the client for more detailed information.

What are visas and status adjustments?

If you're engaged to a U.S. citizen and plan to become a permanent resident, you should familiarize yourself with visas and status.

A visa is a type of authorization that authorizes entry into the United States. The visa has an expiration date, indicating the period of time you can enter the United States. Once you enter within the validity period, there are no issues even if your visa expires.    

When you enter the United States with a visa, your visa status changes to a different status. For example, if you enter the country with a K-1 fiancé visa, your status changes to K-1 fiancé status. 

Fiance Visa Application Procedure

Obtaining a fiance visa involves several procedures and steps. The information below will help you understand the process from application to acquisition. We provide more detailed information to our clients.

STEP 1. Consult with a lawyer to check your eligibility for a fiance visa.

We recommend consulting with an attorney to accurately determine your eligibility for a fiance visa. The fastest and most accurate method of consultation is by phone, and consultations are available in a variety of formats.

To speak directly with Attorney Jaegyun Ryu, call +1 (408) 516-4175 or email: [email protected]. For Filipino clients only: +63 (991) 708 6191. U.S. office hours: Monday - Friday, 9:00 AM - 5:00 PM, Pacific Standard Time. For Filipino clients: call Monday - Saturday, 8:00 AM - 5:00 PM * If your call is not answered, please leave a voicemail. We will call you back after receiving your message. (Except holidays).

Through consultation, we will confirm whether you have any disqualifications for your fiancé visa application and provide detailed information on precautions for future fiancé visa applications. You will also receive detailed guidance on additional costs incurred due to past disqualifications and future potential disqualifications.

STEP 2. Write a contract, pay the deposit, and receive guidance documents.

After the consultation, we will send you a contract by email to review. Once you sign the attorney appointment contract and pay the deposit (50% of the contract amount), we will send you ① a list of required documents in English and ② a questionnaire in English by email.

STEP 3. Prepare the documents and information required for a fiance visa invitation.

This is the stage where you gather the documents and information required for a fiance visa invitation. You must gather all the necessary information and documents and submit them to our law firm. Depending on the client, this process can take anywhere from one week to a month. This stage is also when clients often have the most questions. Our law firm provides prompt and accurate answers directly to all your questions, ensuring you receive the most satisfactory answers.

STEP 4. Submitting a Fiance Visa Invitation

This step involves submitting the fiancé visa application, signed by the client, and all supporting documentation to the immigration office. The fiancé visa invitation letter includes: ① the fiancé visa application form from the immigration office; ② documents proving two years of relationship; and ③ documents demonstrating the couple's current marriage eligibility.

STEP 5. Receive your fiancé visa invitation receipt.

The immigration office will issue a receipt, indicating that it has successfully received your fiance visa documents and immigration fees and will now begin reviewing your documents.

STEP 6. Receive approval for your fiance visa application.

After submitting your fiancé visa application, you will receive a letter approving your fiancé visa application 1.5 to 5 months later. Occasionally, the immigration office may request additional documents due to insufficient documentation, so it's recommended to prepare your documents carefully.

STEP 7. Complete the preparation of documents for the interview and schedule an interview.

The attorney's office contacts the U.S. Embassy in the Philippines to schedule an interview. After scheduling the appointment, the required documents for the interview will be mailed to the applicant via international mail.

STEP 8. After the interview, you will receive your fiance visa.

Once the USCIS approves a fiancé visa application, the US Embassy in the Philippines will send a list of required documents. Filipino fiancé visa applicants must pay the fiancé visa fee to Citibank and prepare a basic certificate, family relationship certificate, marriage certificate, and criminal record check. The US citizen sponsoring the fiancé must prepare a financial guarantee document. Meanwhile, attorneys will review interview preparation documents, provide interview-related information, and conduct mock interviews to ensure a smooth interview process.