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Petitioning from Philippines?

My girlfriend and I have been dating for more than 2 years. She is from the Philippines and I am a US citizen. She is able to enter the US without a visa, but can only stay upwards to 6 months at a time. She has visited me several times and usually stays 3- 6 months. I've done some research on the US immigration website about the risk of significant others coming on tourist visas and then getting married. She is planning to come back in August where we will decide to within that time that she is allotted here to get married. She also has two children and I'd like to adopt them and bring them to CA at some point next year so they can start school.

Should I get a fiancee visa for her or just have her come as usual and then get married? And after we marry, how long of a process will it be before her children can come live with us? Not sure if it matters, but her marriage in the Philippines is not yet annulled yet her ex lives in the US and remarried for over 10 years now.

4 Answers

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  • 8 years ago
    Favorite Answer

    If you are serious, you either apply for the fiancee visa now, or marry her, then apply for the spouse visa.

    If she visits on a visitor visa, you can certainly marry. HOWEVER she has no standing to Adjust Status, she WILL have to leave because she used her visitor visa fraudulently, with INTENT to remain in the USA.

    The fiancee visa process is as follows:

    What you should apply for is called a Fiancee or K1 visa. Once approved your foreign Fiancee will be allowed to LEGALLY enter the USA for the purpose of marrying you,

    then permanently remaining in the USA.

    I recorded a video "What is the K1 visa" at http://www.fianceevisaservices.com/fiancee-visa.ht...

    To summarize.

    First of all you have a real courtship and relationship and you both intend to get married.

    Then check that you both meet the eligibility requirements: You are a US citizen. You both are currently 'free to marry'. You earn over $15,510 annual income. You have met each other 'face to face' at least once, during the past two years.

    You will have to 'prove' that you have a real, genuine, 'bone fide' relationship. You do this by presenting copies of correspondences, photos, letters, plane tickets, etc.

    You should make sure that you build from the start a solid 'paper trail' of the communications of your relationship. This means itemized telephone records, emails, instant messages, voip calls, snail mail, packages. If you use prepaid telephone cards make sure yours gives you an itemized call list or find a different card to use..

    When traveling to visit your fiancee, take plenty of photos, vary the shots, locations, wardrobes. Meet her family, and friends. Document with photos. Turn date stamping on.

    Don't move too quickly. Couples who instantly fall in love and get engaged or married may be suspected of fraud. Go slowly, build your relationship.

    Once your relationship gets serious, don't let too much time elapse between trips to meet each other "Face to Face". The longer the separation, the more suspect the relationship is. I recommend travel to meet with your Fiance at least every 6 to 9 months.

    Once your relationship has progressed, you have made 1 or more trips, and you have abundant proof of your relationship. Then You apply for the visa, to USCIS, Homeland Security.

    Then about 6 to 8 months later she will be asked to come to the US embassy for her interview. If all goes well she will be granted your visa, come to the USA and you can then marry.

    Once you marry, she applies for his Green Card and then can remain together with you permanently in the USA.

    Costs:

    $340 Fiancee visa filing fee, when You originally apply to USCIS

    $200 medical exam fee, just prior to her interview

    $240 Visa application fee, just prior to her interview

    Best

    Fred Wahl

    Matchmaker

  • 8 years ago

    If her ex got a US divorce then she will need a copy of the final decree.

    Believe me, the absolute easiest way to do this is for you to apply for a Fiance Visa for her. It will include the children provided they are under the age of 18. It will take about a year to process.

    SHE WILL NOT NEED A PHILIPPINE ANNULMENT and this is why you should do it this way. Stay OUT of the Philippine courts unless you have years worth of spare time and about $10,000 you want to give to a Filipino attorney.

    She will need the divorce decree to prove to the US embassy in Manila that she is free to marry in the USA as that's all they care about with a Fiancee Visa.

  • Anonymous
    8 years ago

    A philipno requires a B-2 visa to enter the US

    If you decide to get her here permanently she must have the correct

    visa quickest is the K-1 fiancée visa ..of course she must be free to marry

    for a fiancee visa

    http://www.visajourney.com/content/k1flow

    US Citizen can apply for a special visa to allow a non-citizen (their fiancée) to enter the country in order to get married to a US citizen inside the US.

    Once issued, the K1 visa will allow the non-citizen to enter the United States legally, for 90 days in order for the marriage ceremony to take place. Once you marry, the non-citizen can remain in the US and may apply for permanent residence. While USCIS processes the application, the non-citizen can remain in the US legally

    The US citizen income must meet the require minimum to fulfill the affidavit of support

  • 8 years ago

    What my uncle did with his wife is he went to the Philippine to see her they got married there and then he filled papers to get her here to the USA and once approved she came over on a plane and then they got married in a courthouse but honestly it takes forever for papers to go through for adoption my uncle is still getting things straight for that and it's been a year my ain't got to take a visit to the Philippines to see her two last month so it's a long prosess it will only work if your girlfriend can handle being away from them a Lil while. While all the paper work is fixed and she gets everything straight here and it's expensive .. Hopefully everything works out smoothly for you and her and everything works out good ........ Good luck to u both

    Source(s): Family
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