Philippines fiance visa information

Fiance visa -- the real story!
5/22/98

Posted by Nashboy and provided by Tsm Travel

It's been a couple of years since I've had to do all this but I'll be happy to impart what I can, although my experience is with a Chinese fiance, not a Filipina. However I also know folks that have hooked up with Filipinas and can relate some of what they have told me.

>> What is the best / least expensive / TIMELY / hassle free way to get a Filipina girlfriend/wife to the US permanently? <<

When you are dealing with the INS, there is no such thing as timely, so be prepared to be patient.

>> Is it the fiance / non-immigrant visa or the spousal / immigrant visa? Is one way quicker, or less risky (the approval), or less hassle than the other? <<

Since you are dealing with a Filipina, you will almost certainly have to marry her in her home country and then apply for a spousal visa. Because of the huge problem with fraud over the years, it is next to impossible to obtain a fiance visa for a Filipina. From what I have been told by many with experience, you might as well not even try for a fiance visa. This is only pertinent to the Philippines, however. With my Chinese fiance, I was advised that a fiance visa would take half as long to process as a spousal visa would. In other words, in the case of women from most other countries, it is easier and quicker to get your fiance into the US than it is to get her in if you have already married her.

That has to do with the fact that a fiance visa is technically a non-immigrant visa (although for most purposes it is treated as an immigrant visa, since they assume she'll be staying). One major difference is that (as of two years ago) the fiance visa did not require an FBI fingerprint check, which can ad three or four months to the entire process.

>> Or is there some other way? I'm almost sure the student or tourist visa's are nearly impossible. <<

Don't even waste your time applying for a tourist visa. It ain't gonna happen unless she comes from a wealthy family, owns valuable real estate, etc. To obtain a student visa, she would first have to be accepted at an approved institution, pay for tuition, etc. and prove she had enough money to survive. If you could obtain one of these for her, it would be time-consuming and costly.

>> One would think that as a spouse of a US citizen that the process would be expedited and nearly automatic, but I've heard the opposite is true (hassles and timeframe) due to the fact that it is an immigrant visa as opposed to the non-immigrant visa of the fiance. <<

Kev, if you think the waters are going to part for you at the embassy just because you are a US citizen, you are in for a rude awakening. I don't know about the Philippines, but at many US embassies and consulates, most of the support staffs are made up of foreign nationals. I dealt with two consulates and the US embassy in Beijing many times when going through this with my fiance and NEVER spoke with an American. And I'm not just talking about secretaries. The person who interviewed my fiance for her visa was Chinese!

And DON'T assume that just because you marry her, making her the wife of a US citizen, that it is "automatic" she will be granted immigrant status. I'm not trying to scare you, but if they perceive you are trying to take shortcuts or if your spouse shows any hint of lying, being disingenuous or marrying you for anything but love, they can and will refuse her a visa. If everything's on the up and up and you follow the rules, their shouldn't be a problem.

>> What kind of timeframe is expected from start to finish? >>

Are the timeframes different for the different types of visas or are they basically similar?

As I said earlier, if you were dealing with most any other country, the fiance visa would be quicker. However since that's probably not an option with a Filipina, the spousal visa can easily take 9 months to a year from the time you are married. You might luck out and get it sooner, but don't count on it. It all depends on how far behind the INS and embassy are at any given time.

>> Perhaps someone can break down the timeframes between the steps ie: US citizen files application- application approved-fiance/wife contacted by Embassy in Manila- document gathering and fiance/wife interview at the Embassy. If I'm missing a step let me know. <<

Once again, this all depends on how far they are behind at any given time. I can tell you this. You MUST send your visa petition to the INS office that serves your region. If you hear that one office is processing petitions twice as fast as another, too bad. You will NOT be allowed to file your petition at any other office. The offices are located in Dallas, LA, Vermont and Omaha. Nashville is served by the one in Dallas. If I recall, it took me about 5 weeks from the time I sent the petition until it was approved. It takes longer for approval on a spousal visa. As of a few months ago, Omaha, LA and Vermont were reporting processing times of 60 to 90 days. Dallas reported waiting times from 120 to 180 days. THAT'S just to get the petition approved, then it has to be sent to the embassy in Manila and the process is continued there.

>> When do you need to do the "Affidavit of Support"? >>

INS gave me the forms package but no "Affidavit" was included. When is that done?

I believe you will need to send it with the petition. You can download the forms you need from the site I have linked below.

>>Also, can the petitioner accompany the applicant to the Embassy and act as an advisor of sorts? <<

Yes, you have the right to accompany your spouse to the interview, but only as moral support - NOT as an advisor. She will be the one being asked the questions and if it looks like she is looking to you for answers, this is going to do you more harm than good. You being there might make her feel less nervous, but it will in no way influence the granting of her visa.

>> Do US citizens have to wait in that incredible line at the Embassy or is there another way? <<

I've never been to the embassy in Manila, but many embassies have a line for American citizens. However, I would just plan on standing in line no matter what.

>> What's the procedure at the Embassy for the final interview? <<

Going on my experience with the fiance visa, once you get the approval on your petition, the INS regional office will send word of the approval to the embassy in Manila for them to begin processing her application. The embassy will then send your wife a letter containing a checklist of all the things she needs to get together to bring with her to her interview. They will also send her instructions on where to go in order to get fingerprinted for her FBI check. Everything she gathers for the interview she needs to keep in her possesion until the interview.

It is very important she takes everything required to the interview (If she forgets something, she will be sent home and the interview will have to be rescheduled. She will then send back the form stating that she has acquired everything she needs to schedule the interview. After receiving that and upon clearing the fingerprint check, the embassy will send her a letter giving her a date for her interview. They'll probably give her 3 or 4 weeks notice. They will also give her a list of embassy-appoved doctors. She will then need to schedule a physical with one of them prior to her interview. The physical is faily thorough and includes screening for such things as TB and HIV. She'll need to take the results of her physical exam to the interview with her also.

>> What are the YES's that will ensure your visa is approved? <<

I don't think anything will ensure it, but as long as your relationship is legitimate, you should have nothing to worry about. Be sure and send a variety of photos with your petition of the two of you together. At your wedding, with her family, on your honeymoon, etc. With the fiance visa, I had to include an affidavit in support (not OF support, that's a different thing) of my petition. My attorney just interviewed me and wrote it herself (like it was me writing it). She used all kinds of mushy stuff about how much we loved each other, how it was agony every second we were apart, etc. etc. She said that the INS people really love the mushy stuff. I don't know if the same affidavit is required for a spousal visa. Also, I would pass along that some of these embassy people can ask some VERY personal questions and have heard of women leaving in the middle of interviews out of embarrassment (how often do you have sex? - that kind of stuff). This probably just depends on the interviewer, but you might want to warn her, just in case.

>> What are the NO's that will kill the approval? <<

DO NOT LIE IN ANY WAY, SHAPE OR FORM!!!! I know this sounds like common sense, but even if they catch you or her in a little white lie or if they sense you holding back anything, it will raise a red flag. Also, your wife should not try to read too much into the questions they ask. She should just answer them as honestly as she can. As long as they see she is being honest with them, everything should sail smoothly. I've been told that the one question that trips more women up than anything is the question "Why do you want to (why did you) marry John (or whomever)?" Many women seem to think there is some sort of complicated answer the interviewer is looking for (the correct answer- "Because I love him"). Also, be very careful of taking the attitude of "I'm an American citizen and I have the right to marry anyone I want to and bring them into the country." These embassy people have the power of God in these situations and if they take a disliking to you and your attitude, it will not bode well.

One little note to the above paragraph. If your lady ever worked as any kind of a "hostess" in a bar, DO NOT volunteer this information. A history of prostitution is grounds for a visa being refused.

<< Should I hire an attorney? >>

I don't know what kind of budget you have to work with, but I would give some serious thought to hiring an immigration attorney. You certainly don't HAVE to have one, but there is a better than fair chance that with all the forms and various rules, etc. that you could leave out something, fill something out wrong, etc. These people do this for a living and have it down to a science. If you mess something up, it's not going to cause refusal of your wife's visa, but it will certainly slow it down. For instance, say that you send in all the forms and documentation for the petition and neglected to include some pertinent form or item, or perhaps you failed to fill out a form in the appropriate manner. In a couple of months you will more than likely get your stuff back in the mail and told that you must correct the error and resubmit, thus delaying approval of your petition by another two or three months.

I hired a prominent immigration law firm and they charged a flat fee of $1000 to do all the necessary paperwork and follow-through for my fiance visa. I paid expenses on top of that for things like phone calls, mail, courier services. The expenses totaled well under $50. Assistance on a spousal visa might be more, I don't know. An immigration attorney is also good because they can immediately answer your questions and are up on all the new laws. It can be almost impossible to get through to a breathing person at the INS and when you do, they may impart you with erroneous information.

As I say, an attorney is not mandatory, but they can take a lot of the pressure and worry off you and in the long run their expertice might be a help in speeding up the process.

I can sympathize with how you feel. You're probably reading this and thinking "OH, SHIT! I can't wait a year!!" You're probably determined to find a shortcut. You just HAVE to get her here sooner, etc. I know this because, believe me, I went through all this too. My fiance had an old boyfriend that went nuts when he found out we were going to be married and started stalking her. She couldn't get rid of him as he was calling her at work and showing up to her apartment every day begging her not to go and threatening to kill himself, etc. She was desperate to get away and needless to say, I was desperate to get her out of that situation. I tried every avenue I could think of to try and speed up the process. I have connections with a very prominent US senator and asked for his help. I was basically told that he could make a call or two, but it would probably do more harm than good. People try this all the time and if the INS or embassy people think you are trying to strongarm them or get special treatment, it could very well backfire on you.

If you're really in love, then it will be worth the wait. Hope this helps, although it might not be what you were hoping to hear.

Good luck and let us know how it turns out.

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