US Fiancé Visa (K-1):
Bringing Your Future Spouse to the United States

John and Sharon were friends and batch mates at De La Salle University in Manila, Philippines.  Soon after graduation, John immigrated with his parents to the United States and Sharon started working for an engineering firm in Makati City.

Busy working on their careers, a few years went by without any contact between them.  One night while checking his Facebook, John got a friend request from an old batchmate…  It was Sharon.

Eventually, their relationship grew and John traveled back to the Philippines to spend some quality time with Sharon.  Everything felt so perfect when they were together and John ended up proposing to Sharon on the beach in Boracay.  Sharon felt the same and happily agreed to be bound to him in marriage.

The couple agreed that it would be best if Sharon joined John in the US rather than John moving back to the Philippines.  John also convinced Sharon that it would be best if they got married in the States because he wanted her to meet his family before they got married.

Soon after arriving from his amazing trip to the Philippines, John came to see me.  I congratulated and told him that bringing his fiancée here could be understood as a three-step process. Careful planning, analysis, and document preparation in all three steps is essential.

Step 1: John Must File Form I-129F, Petition for Alien Fiancé(e) with USCIS

The petition must include evidence to establish that:

• John is a US citizen;
• He and Sharon have met within the two-year period preceding the filing of the petition;
• They have a bona fide intention to marry; and
• They are legally able and willing to marry within 90 days of Sharon’s arrival in the US.

Processing times vary depending on which office your petition is processed.

Step 2: Sharon Must Prepare For and Pass The Interview at the US Embassy, Manila

Once the petition is approved and eventually forwarded to the US Embassy in Manila, Sharon must:

• Pay the Visa Application Fee;
• Schedule a K1 Fiancée Interview Appointment;
• Prepare all the necessary supporting documents, such as NSO birth certificate, NBI Clearance, etc.;
• Obtain a medical examination at St. Luke’s Medical Center Extension Clinic (SLMCEC);
• Attend and pass the Interview; and
• Attend the Commission on Filipino Overseas’ (CFO) Pre-departure Orientation Seminar (PDOS).

Step 3: Sharon  Files the Application to Adjust Status

After Sharon enters on her K1 visa and the couple gets married, Sharon will file the I-485, Application to Adjust Status.

• The I-485 Application must include evidence to establish that:

1. Sharon entered the US lawfully;
2. Sharon is not a danger to society;
3. Sharon will not become a public burden; and
4. A variety of additional evidence showing Sharon is otherwise admissible.

Around 1-2 months after filing the application with the Chicago Lockbox, Sharon will be scheduled for a biometrics appointment (fingerprinting for background check).

Critical Timelines: The 90-Day Marriage Rule

Processing times vary depending on the USCIS office handling your petition. During the adjustment of status interview, a USCIS officer will determine whether your marriage is genuine (bona fide) and whether the immigrant spouse is otherwise eligible for lawful permanent residence. If the officer is satisfied, the immigrant spouse will be granted a conditional permanent resident card.

Moving from Conditional to Permanent Residency (Form I-751)

If the marriage is less than two years old when permanent residence is granted, the immigrant spouse will receive conditional permanent resident status, which is valid for two years.

To maintain permanent resident status, the couple must jointly file Form I-751, Petition to Remove Conditions on Residence, during the 90-day period immediately before the conditional green card expires. The petition must include evidence showing that the marriage remains bona fide and was not entered into solely for immigration purposes.

Once USCIS approves Form I-751, the conditions on permanent residence are removed, and the immigrant spouse receives a 10-year Permanent Resident Card (Green Card).

Disclaimer. The above fictional story is intended only to give you a general idea of the topic.  It is NOT intended to be legal advice nor does it cover all the specific detailed requirements and procedures. Everyone’s goals and situations are unique as they apply to the law and they all cannot be covered in a simple writing such as this. Please consult an experienced immigration attorney to determine which method is best for your specific circumstances and goals.