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FAQ's
Philippine Visa Frequently Asked Questions
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What
is a K1 Fiancée Visa?
There are generally two categories of visas: immigration visas
and non immigration visas. Visas are coded by a system of letters
from A-V. With very few exceptions most women from the
Philippines, former Soviet Union, Latin America, China, etc. are only
eligible to apply for non immigration visas.
Examples of non immigration visas are tourist
visas, student visas, and fiancée visas (K1 Visas). For most couples, fiancée visas (K 1 Visas) are best. If
properly applied for and processed fiancée visas (K1 Visas) have the
highest success rate; near 100% for eligible ladies. Fiancé K 1 visas are also known as Marriage Visas. Tourist visa
applications generally have a very low success rate. |
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Tourist visas are possible if the lady can show that she has
sufficient ties to return to her country, such as a child not traveling
with her, substantial assets, prior experience traveling to first world
countries, a good job, and money in a bank. Rejection rates exceed
95%.
Student visas have a higher success rate than tourist visas but
have a must lower success rate than fiancée visas (K1 Visas). In
addition, the student visa usually takes much longer because the lady
must take an English test in her home country (TOEFL Test) and then apply
for and gain admission to a U.S. university prior to applying for a
student visa.
She must also be able to prove that she has sufficient financial
resources to pay for one year of tuition, fees, room & board, and all
other related expenses at the time of the interview at the U.S. Embassy.
Without proof of financial resources she will be denied even if
all the above criteria are met. She has no better than a 50/50
chance of success in any case. In short, fiancé visas (K 1 Visas) provide
the best combination of high success rate, short processing time, and
simplicity.
Visa Philippines Types:
k3, k 3, k-3, Spousal visa, Marriage visa, family visa, I-130
Petition, Wife visa. Visa Philippines, Philippines visa, k visa, k visa
Philippines, Spousal visa Philippines, Philippines k 3, Filipino k 3, Filipino k
3 visa, Philippine marriage visa, Philippines marriage visa, Philippines k 3
marriage visa, k 3 Philippines visa, Philippines k 3 spouse visa, k3 spouse
Philippines, Life Act visa I-130 / I-129F, Philippines to USA Marriage visa,
Visa for wife in Philippines, Filipina Spousal visa, Pinay wife visa, Pinay
spouse visa, Pinay k3 / k 3 marriage visa.
FilAm Immigrations resources for:
Fiancee Immigration, Marriage Immigration, Spouse Immigration,
I-130 Spouse, Sponsorship Immigration, Immigration Services USA, Visa
Immigration, Marriage Visas, USCIS Interview, USCIS Spouse,
"Click link below
for"
"US Embassy Interview Questions for K1 & K3
Applicants"
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Here's our price list.
How long will it
take to get my Fiancée K-1, or Spouse K-3 Visa?
Visas vary
depending on where you live which dictates which Service Center you go
to. For both the K1 and K3, the wait time can be a few months to a year.
We cannot guarantee a time. However, we make sure your packet is
submitted correctly the first time to avoid setbacks which can cost you
months.
Can my fiancée get a
Tourist Visa?
That is a very remote possibility,
but the process takes much longer, has a much lower likelihood of success
and should you decide to marry only provide you with a temporary
solution, and could lead to other problems that can be avoided by getting
a fiancée or spouse Visa
Do you guarantee I will get
a visa?
Yes, as long as you provide us with complete
accurate information. We offer a money back guarantee or a free appeal.
It is your choice |
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Do I have to marry
my fiancée once they come to the United States?
No you are not
required to marry your fiancée once they come to the United States. A
fiancée Visa merely gives you permission to marry should you so desire.
If you decide not to marry your fiancée the only requirement is that they
must leave the United States before the Visa expires. |
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Are email letters not a viable means of providing proof of a
relationship in regards to my K1 Fiancé visa petition?
Email letters are a viable means of
communication for the couple yes, however USCIS originally required hard
copy letters through postal services as a means to establish a
relationship with one another.
when you can
actually pick up a pen and paper and write that person a letter then take
the initiative to carry it to the post office put a stamp on and mail it,
then there is more evidence of love in that then an email, right?
What if the sponsor falls short of meeting the poverty level
guidelines? Sometimes this does happen, where a sponsor falls
short financially. But none to worry if you do not meet the poverty level
guidelines as required then the USCIS gives the intending sponsor an
opportunity to ad joint sponsorship through the use of the I-864A.
Do you meet the Poverty guidelines set by USCIS Poverty Guidelines.
Is it true that the USCIS
Department of Homeland Security requires all Alien Applicants and
Sponsors to provide police records and NBI clearance since the age of
(16) from each Country and town lived in?
You know ever since the IMBRA
ruling was implemented by congress, we have heard of men who have had
very minor troubles from the date their drivers license was obtained at
age 16, but since then have lived years of being model citizens.
The
immigrations still views any types of crimes whether minor or major, to
be a reason for investigation on the Alien Applicant or Sponsor. So yes
depending on what they will find could in turn mean more in depth
checking. So think really hard about your past before making a decision
of filing without submitting any records.
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You Ready To Get Started? View Our Price List.
How does FilAm treat IMBRA?
We highly recommend that if you the intending
sponsor has any type of a criminal record regardless if it had been
changed down to lesser charge such as a minor misdemeanor, that you
follow through by providing a record from every state and city you lived
in since the age of (16).
Buy doing
this it will save you several more months of waiting and also you and your
fiancée will be less likely to be denied, because the USCIS will recognize
the fact that you did not try to hide anything from them.
If you are a U.S. citizen engaged and you are considering
marriage, the K1 visa is likely your best choice for bringing your
fiancée to the U.S. to live permanently with you?
(In fact, it was created exactly
for persons in your situation). The K1 Visa allows you to invite your
fiancée to America for a period of 90 days, during which time your fiancée
must either marry you or return to her home country.
No
extensions of the time period are permitted. You and your fiancée are not
required to marry if things don’t work out according to your
expectations.
If you do
not marry your fiancée, you will not be precluded from making a future
fiancée Visa application (although you will have to file an IMBRA waiver
if you want to file within two years of the first petition’s approval).
Your fiancée will not be precluded from receiving another visa in the
future.
Permanent
residents of the United States are not eligible to file for a K1 visa.
Only upon becoming a U.S. Citizen can you then proceed to petition.
Are there any meeting requirement exceptions?
There is a provision in the law
that may exempt the petitioner from the meeting requirement
"if it is established that compliance would result in extreme
hardship to the petitioner.
Or that
compliance would violate strict and long-established customs of the
K-1beneficiary's foreign culture or social practice, as where marriages
are traditionally arranged by the parents of the contracting parties and
the prospective bride and groom are prohibited from meeting subsequent to
the arrangement and prior to the wedding day.
" INA §
214.2(k)(2).Unfortunately, such waivers are very rarely granted by the
USCIS. The" extreme hardship" exception has been interpreted by
the USCIS to mean something very close to "impossible".
It generally
is available only to people who are so disabled that they can't fly at
all. As for the second grounds for a waiver, very few people qualify for
this exception, and those that do often have a difficult time proving it
to the government's satisfaction.
How does my Fiancée or
Spouse go a bouts obtaining Police records from other Countries?
OTHER COUNTRY
POLICE CERTIFICATES. Applicants
aged 16 years and older must also present police certificates from other
countries where they have lived for six (6) months or more after reaching
the age of 16.
As with NBI clearances, foreign police certificates should
be obtained in any maiden names, aliases or nicknames used while in the
country in question, including different spellings you have used of those
names.
Country-specific information on how to secure police certificates
is available on the State Department’s web site at: Other Country Police Certificates
What are the most common
possible problems that could lead to denial?
The K-1 visa is a highly reliable visa if done
correctly. Nonetheless, about half of fiancée's fail to receive their
visa on the day of interview (FilAm has a 97% success rate for first day
issuance, and 100% eventual success).
Failure to
issue the visa on the day of the interview can lead to lengthy and
grueling delays (we have to go through it every once in a while
ourselves, and, believe us, it is not pleasant), and possible denial or
return of the petition to the USCIS for “administrative review” and
possible revocation.
Some of the
more common issues that can lead, alone or in combination with other
problems, to a denial/failure to issue are:
►
Missing documents
►Incorrect paperwork
►Insufficient income/savings of the U.S. citizen sponsor
►
Very large age difference between the couple
►Fiancée cannot obtain written consent from the ex-husband for their
child to leave the country
►Poor English skills of fiancée
►Couple hasn’t spent enough time together in person
►Couple lacks sufficient evidence of recent day-to-day contact
►Fiancée interviews poorly and the consul doubts that there is a bona
fide relationship with the U.S. citizen
►Fiancée has relatives or friends in the U.S. who seem to be taking too
large a role in match-making
►Fiancée was previously in the U.S. and overstayed the visa
►The U.S. citizen has previously sponsored a foreign national for a green
card and the U.S. citizen cannot prove that the foreign citizen
maintained lawful status
►Fiancée has a criminal record
►Fiancée has a serious, contagious illness (such as AIDS, tuberculosis,
etc.)
►Fiancée commits a misrepresentation during the interview (or so it seems
to the interviewing officer)
►Petition includes a document that is deemed to be fraudulent
As a general question, the first five problems listed above will
result in the Embassy holding the case to see if the petitioner and/or
beneficiary can cure the problem with additional documentation or through
a second interview.
If they fail
to do so, the case is sent back to the USCIS. Delays in such cases
typically are measured in weeks rather than in months.
Problems 6
through 10 above, which controvert the genuineness of the relationship
between the couple, are typically sent back to the USCIS for
administrative review/revocation or are sent to the Embassy’s Anti-Fraud
Unit, which will assign an investigator to go to the fiancée's home town
and interview friends and neighbors to get a better idea of whether the
couple’s engagement is for real. Delays in such cases typically exceed
six months.
Problems11
through 16 above involve issues that render the beneficiary excludible
from the U.S. as a matter of law. In some cases, however, the Embassy
will entertain an argument on the facts that the beneficiary is not
excludible (we have done this, for example, with clients that had a
criminal conviction that we were able to convince the Embassy was not a
crime of moral turpitude” as defined by the U.S. Immigration and
Nationality Act).
If the
Embassy decides that the beneficiary is excludible, an “extreme hardship”
waiver is usually available, although such waivers can be difficult to
obtain. The typical I-601 Application for an “extreme hardship” waiver
takes four to six months to process.
Visa status in the U.S.A?
A
Fiancée Visa is a temporary visa,
but one that can be readily converted to a permanent visa after the
marriage occurs in the U.S. Once married, the U.S. citizen can obtain
conditional permanent residence status for his/her new spouse by filing
an I-485 petition with the U.S. government.
Several
months later (the length of the wait varies considerably on where you
live in the country) the couple is called into the local USCIS office for
an interview, and a two year "conditional" permanent residence
card is issued shortly thereafter.
One year and
nine months after the conditional permanent residence card was issued by
the USCIS, the couple may apply to remove the condition and receive a 10
year permanent residence card. Three years after the foreign born spouse
received her first green card, she is eligible for citizenship.
Can I marry my fiancée
overseas and still bring her on a K1 visa?
No K1 visas are available only to
persons who are planning to be married. If the marriage occurs, you will
have to file an I-130 Relative Visa petition for your spouse.
The one
exception to this rule is that if the marriage was religious or social
ceremony only, and the marriage wasn’t registered with the local
government, a K1 visa may be issued.
My fiancée is in the U.S.
on the K1 visa I obtained for her, but I’m not sure I’m ready to get
married. Can I extend my fiancée's K1 visa?
No
the K1 non immigrant status can
neither be extended nor changed. If you don’t get married within 90 days
of the K-1 status validity period, your fiancée will have to leave the
US. This is a
very strict law in US immigration and there are no exceptions.
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Are.
My fiancée was in the U.S.
on the K visa, but our relationships didn’t work out at the time and she
went back to her home country. We have been in touch since then and now
want to start the K1 process again. Can I still petition for her?
Yes, but if you want to apply again within two
years of the first petition’s approval, you will have to file for a
waiver of the provisions of the International
Marriage Broker Act of 2005 IMBRA
Your
fiancée
must also be prepared to explain to a consular officer why your
relationship didn’t work out the first time and why you both are certain
that it will lead to marriage the second time.
It must not
appear to the Embassy that you are using the K1 visa as a way simply to
bring your girlfriend on trips to the U.S. So the case to show
“intention to marry” has
to be particularly strong.
My income level is too low
to qualify as a sponsor under the government’s rules. Is there any way to
avoid this requirement?
No
you can’t avoid the sponsorship
requirements. However, it’s possible to find a co-sponsor to help with
you with this problem. The co-sponsor must be able to meet all the
government’s financial and document requirements just as though he or she
were the sole sponsor.You must
submit all your forms and documents as well, even if they show a low
level of income.
When I marry my fiancée
while she’s in the U.S. on the K1 visa, will she have to return home
after the marriage?
No
your wife will not have to leave
the U.S. You will, however, have to apply for adjustment of status to
permanent residency for your new wife so that she can lawfully remain in
the US.
I sponsored my ex-wife’s K1
visa for the U.S. and she eventually became a permanent resident.
Unfortunately, our marriage didn’t work out and we were divorced. I have
recently met a lady outside the U.S. and would like to bring her to
America on the K1 fiancée visa. Can I do this?
Perhaps congress passed new rules effective
March 6, 2006 that state that a petitioner must wait two years from the
filing of a prior K1 visa until a K1 visa may be issued to a second
Fiancée. If you can’t
wait, a waiver based “extreme hardship” may be possible, although not if
a petitioner has a record of violent criminal offenses.
If you get by
these hurdles, you will nonetheless have to convince the Embassy that
your previous marriage was not a “sham” marriage. You also
must provide documentary proof that your ex-wife either left the U.S. or
lawfully adjusted her status to permanent residence.
My Fiancée has been denied
a B1/B2 visitor visa for the U.S. before. Will that affect our current K1
visa petition?
In most cases, no. If your
fiancée did not misrepresent any material fact during the B1/B2 visa
interview, she will still be eligible for a K1 Visa.
My Fiancée has a valid
B1/B2 visitor visa or the US. Is she allowed to come to America while my
K1 visa petition for her is pending with the U.S. immigration
authorities?Yes
she is allowed to enter, but
she may face difficulties entering because she has to convince the
immigration officials in the airport that she has no intentions to stay
in the U.S. permanently. She has to
show “dual intent” – to stay for a short period on the current B1/B2 visa
even though she intends to eventually stay permanently in the US on the
K-1 visa.
It’s a tricky situation –especially since many immigration
officers falsely assume that the pending K1 visa prevents B1/B2 entry –
but we have helped many people get through this situation successfully.
My Fiancée
was denied entry to the United States some time ago. An immigration
officer at the port-of-entry said that the history of her previous
visits showed that she had been spending the most of time in America
rather than in her home country. Will that affect our pending K1 visa
petition?
No it should not. If an
officer’s decision was based solely on the fact that your fiancée had
used her visa to spend the most of her time in the U.S., then it won’t
substantially impact your K1 petition.
My Fiancée has been to the
U.S. as an exchange J1 student before and is a subject of 2 years home
residency requirement. Is there any chance to bring her to the U.S. on a
K1 fiancée visa without waiting until the above requirement is fulfilled?
Yes. However, the chances are very
slim indeed as this type of waiver is very difficult to obtain.
My Fiancée has overstayed
her visa before. Is she eligible to come to the U.S. on the K1 fiancée
visa?
It depends. If she overstayed her prior visa by
over a year, she is barred from re-entering the U.S. for ten years
(although an “extreme hardship” waiver is possible).
If she
overstayed her prior visa by six months to a year, she is barred from
re-entering the U.S. for three years (again, an “extreme hardship ”waiver
is possible). Shorter overstays will cause less severe problems, and can
often be overcome.
All It Takes To Get Started Is Half Down The
Other Half Later.
K 1 Fiancee Visa Deluxe package $495.
K 3 Spouse Visa Deluxe package $595.
Visa Philippines Types FilAm
Immigrations has the experience to guide you and your loved one through it all.
k3, k 3, k-3, Spousal visa, Marriage visa, family visa, I-130
Petition, Wife visa. Visa Philippines, Philippines visa, k visa, k visa
Philippines, Spousal visa Philippines, Philippines k 3, Filipino k 3, Filipino k
3 visa, Philippine marriage visa, Philippines marriage visa, Philippines k 3
marriage visa, k 3 Philippines visa, Philippines k 3 spouse visa, k3 spouse
Philippines, Life Act visa I-130 / I-129F, Philippines to USA Marriage visa,
Visa for wife in Philippines, Filipina Spousal visa, Pinay wife visa, Pinay
spouse visa, Pinay k3 / k 3 marriage visa. Pinoy wife visa, Pinoy spouse, Pinoy
I-130 going to USA. Pinoy visa for wife, Filipino wife visa, Filipino spouse
visa, Filipino spousal visa, Filipino husband visa, Filipino marriage visa,
Marriage visa to USA, Marriage type visas, k3 marriage Filipino, K-3 Filipino
marriage visa, Philippine k 3 marriage visa, Philippines k 3 marriage visa for
spouse, I-130 spousal visa Philippines, I-130 / I-129F spouse visa Philippines,
Visa for my Filipino wife, Wife in the Philippines needs a visa, k-3 husband
wife visa, k3 wife needs to come to USA, Wife needs k 3 Philippine visa, k3 visa
for Filipina Filipino family member.
I have recently met a lady
online, but am unable to travel to her country. Is there anything I can
do to avoid this requirement?
Probably not. There is a provision
in the law that may exempt you from the meeting requirement "if it
is established that compliance would result in extreme hardship to the
petitioner or that compliance would violate strict and long-established
customs of the K1 beneficiary's foreign culture or social practice, as
where marriages are traditionally arranged by the parents of the
contracting parties and the prospective bride and groom are prohibited
from meeting subsequent to the arrangement and prior to the wedding day.
"Unfortunately,
such waivers are very rarely granted by the USCIS. The "extreme
hardship" exception has been interpreted by the USCIS to mean
something very close to "impossible". It generally is available
only to people who are so disabled that they can't fly at all. As for the
second grounds for a waiver, very few people qualify for this exception,
and those that do often have a difficult time proving it to the
government's satisfaction.
FAQ's
Concerning IMBRA
I was the subject of a
restraining order when my previous wife and I were getting divorced. Do I
have to declare this on the I-129F?
Probably not. Most restraining
orders do not entail a criminal conviction. Every case has to be
evaluated under it’s own facts and within the laws of the subject
jurisdiction, however, to make sure there was no conviction in the case.
I have a previous domestic violence conviction, but I’ve
never filed a K1 visa petition before. Do I need a waiver?
No, waivers are required only in the context of
the multiple K1 visa filing restrictions (discussed above). However, if
you have filed two or more K1 visa petitions at any time in the past,
or
previously had a K1 visa petition approved within two years prior to the filing
of the current petition, and you have a “history of violent criminal
offenses against a person or persons,” you will face a heavier burden in
convincing the USCIS that you should receive a waiver than a person
without such a conviction.
I was convicted of
attempted manslaughter in 1999, but I took “deferred adjudication”, which
the judge and my criminal lawyer assured me would result in my record
being wiped clean in 5 years. Now I have a clean record. Do I have to
disclose this conviction?
Yes, you do. Deferred adjudications
are treated as convictions under U.S. immigration law.
Required disclosures to the
fiancée International Marriage Broker Defined.
The definition of International
Marriage Brokers in IMBRA covers virtually all for-profit matchmaking
entities, whether U.S. based on not, whose main business is the
facilitation of dating or like services between U.S. citizens and
foreigners.
The
definition excludes matchmaking sites whose principal business in not
providing dating services between U.S. residents and foreign clients and
which charges like fees for its services regardless of the gender or
national origin of the client.
International Marriage Broker Obligations
Before an
IMB can release the personal contact information of a foreign client to a
U.S. client, the IMB must:
►Search the National Sex Offender Registry to
determine the record of the U.S. citizen, and disclose any
information found concerning the U.S. citizen to the foreign client
►Obtain a signed statement from the U.S. citizen
revealing any current or past protection or restraining order, most
criminal arrests and convictions, virtually all arrest or
convictions for domestic or sexual offenses, multiple convictions
for substance and/or alcohol abuse, the U.S. client's marital
history (including the reason for termination of any prior
marriages), the ages of any of the U.S. citizen's children under the
age of 18, and a list of all States and counties that the U.S.
citizen has lived in since the client was 18 years of age.
►Distribute to the foreign national a pamphlet
currently being developed by the U.S. government to educate foreign
fiancée's about U.S. domestic abuse laws and resources for immigrant
victims in the U.S.; and Obtain the foreign national's written consent to
disclosing her personal contact information.
IMBRA and Initial Contact
With the Fiancée
The
background information must be provided before the foreign client's
personal contact information may be released to the U.S. client.
Additional information must be provided by the IMB to ensure that the
foreign national is aware of his/her (for simplicity's sake, we will
adopt the female gender henceforth fort he beneficiary, and the male for
the petitioner) immigrant rights in the U.S. and her ability to defend
herself against domestic abuse.
At the
consular level, all K1 visa beneficiaries will be asked during the visa
interview whether they became acquainted with their U.S. citizen fiancée
through an IMB, and if so, whether the IMB complied with the various
disclosure obligations of IMBRA.
K Visa Interview Changes
The U.S.
consul must ask the fiancée during the Embassy/Consulate interview
whether an IMB facilitated the couple's relationship, and if so, the
consul must determine the name of the IMB and confirm that the IMB acted
in accordance with the new requirements regarding information gathering
and disclosure, as well as pamphlet dissemination.
Discussion
The new
rules will have a substantial impact on K1 petitioners who met through
international marriage brokers. It should not affect petitioners who met
through services like Yahoo! Personals which provide contact services
with foreign nationals as an incidental part of their services.
The
Fiancée will be asked in every instance whether she met her Fiancée
through a matchmaking site. If she replies untruthfully and is found out
(a very real possibility), she will be denied the visa and barred from
ever receiving a U.S. visa of any kind.
If she
admits to the means of acquaintance, but cannot convince the consular
officer that the marriage agency provided her with the required
disclosures, the visa may be refused.
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K1
Fiancée's arrival to the U.S. Port of entry?
Obtaining the K1 Fiancée approval and then
the K1 visa are just two steps of the K1 process. All K1 Fiancée's
arriving at a port-of-entry to the United States are inspected by officials of
the U.S. Government.
This is the
last step the foreign Fiancée must go through before s/he can be reunited
with his/her loved one. There are four
separate inspections: Public Health, Immigration, Customs and Agriculture.
You may only talk to one official who does all four inspections, or you may
talk to more than one official.
When
arriving at an airport, the airline will give the K1 Fiancée a form to
complete while still en route to the United States, Form I-94 (white),
Arrival/Departure Record. The form asks for basic identification
information and the address where you will stay in the United States.
Upon arrival,
the airline personnel will show you to the inspection area. You will queue
up in an inspection line and then speak with an Immigration Inspector. The
K1 Fiancée should use the lanes marked for non-citizens.
The
Immigration Inspector must determine why you are coming to the United
States, what documents you may require, if you have those documents, and
how long you should be allowed to initially stay in the United States.
These
determinations usually take less than one minute to make. If the K1 Fiancée
is allowed to proceed, the Inspector will stamp your passport and issue a
completed Form I-94 to you. A completed
form will show what immigration classification you were given and how long
you are allowed to stay. You will then be permitted to proceed to Customs.
Under certain
circumstances, the Immigration Officer may decide that you should not be
permitted into the United States. There are many reasons why this might
happen (e.g., health, criminal history, financial support, past immigration
problems). In this
situation, you will either be placed into detention, or temporarily held
until return flight arrangements can be made. If you have a visa, it may be
cancelled.
In certain
instances, the inspector may not be able to decide if you should be allowed
into the United States. In this case, your inspection may be deferred
(postponed), and you will be instructed to go to another INS office located
near your intended destination in the United States for further processing.
If you believe
that you would have difficulty through the inspection process, it is
strongly recommended that you hire an immigration specialist who can
guide and advise you through the process. With our 100% success rate for K1
Fiancée visas, the services of FilAm immigration is here to help.
Is there the chance that I can get denied?
Yes there is, below is
information you should know! this pertains to all K1/K3 visa applicants,
during Clinical examinations.
How long can my Alien Fiancee stay in her Country once he or she has received a K1 Visa?
When a foreigner receives the k-1 fiancee visa, he or she has 6-months
to use it to enter the United States. Upon entry, it converts to a
90-day stay.
The couple must either marry within 90 days of arrival in the
U.S. or return home.
If
the foreigner marries someone other than you "the petitioner" and tries to stay,
then he or she will eventually be deported. The 90-day time for marriage cannot
be extended. If you do not marry within 90 days, the foreigner must leave the
U.S.A. or eventually be deported (with very few exceptions). The rules are
strict.
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Philippine News for
Medical Examinees & "Criminal" Inadmissibility
The Visa
Examiners have quoted section 212(a)(2)(A)(i)(II) to render many
Filipinos ineligible for visas on grounds of "criminal"
inadmissibility. Many Filipino clients applying for either family-based
immigrant visas or non immigrant K1 Fiancée or K3 spousal visas can be
denied visas at a scheduled interview at any US Consulate for admitting
certain facts to medical examiners.
INA
§212(a)(2)(A) states the following:
(2) Criminal and related grounds. -
(A) Conviction of certain crimes. -
(i) In
general. - Except as provided in clause (ii), any alien convicted of, or
who admits committing acts which constitute the essential elements of -
(I) a crime
involving moral turpitude (other than a purely political offense or an
attempt or conspiracy to commit such a crime), or
(II) a
violation of (or conspiracy or attempt to violate) any law or regulation
of a State, the United States, or a foreign country relating to a
controlled substance (as defined in section 102 of the Controlled
Substances act (21 U.S.C. 802)), is inadmissible.
Notice the
Act does not require a conviction. Simply an admission of controlled
substance usage will render a prospective immigrant inadmissible. The FAM
or Foreign Affairs Manual is the manual visa examiners refer to as a
guide to understanding the application of the Immigration and Nationality
Act (INA).
Volume 9,
Section 40.21(b) of the FAM states the following regarding a waiver of
inadmissibility:
9 FAM
40.21(b) N5 INA 212(h) Waiver
N5.1
Principal Alien - An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(II)
insofar as it relates to a single offense of simple possession of 30
grams or less of marijuana is eligible to apply for a waiver of
ineligibility under INA 212(h) if it is established to the satisfaction
of the Attorney General that:
(1) The
activities for which the alien is excludable occurred more than 15 years
before the date of the alien's application for visa;
(2) The
alien's admission to the United States would not be contrary to the
national welfare, safety, or security, and
(3) The alien has been rehabilitated.
N5.2 Certain
Relatives of U.S. Citizens or LPRs - An alien immigrant who is the
spouse, parent, son or daughter of a U.S. citizen or an alien lawfully
admitted for permanent residence in the United States may apply for a
waiver under INA 212(h) if:
(1) The
principal alien was found ineligible under INA 212(a)(2)(A)(i)(II)
insofar as it relates to a single offense of simple possession of 30
grams or less of marijuana;
(2) It is
established to the Attorney General's satisfaction that the exclusion of
such alien would result in extreme hardship to the U.S. citizen or
lawfully resident spouse, parent, son, or daughter, and
(3) The
Attorney General has consented to the alien's applying or reapplying for
a visa to the United States.
Recent
trends in cases filed and processed through the U.S. Embassy in Manila
have indicated that many Filipino people are being denied visas on
admissions of marijuana usage during rebellious high school or college
years.
Please be
aware that candidates for immigrant visas can be denied visas and
adjudicated as criminally inadmissible without a conviction as evidenced
by INA §212(a)(2)(A).
Medical Advice:
When asked by a medical examiner whether you
have ever tried "pot" or marijuana even once, ALWAYS be
truthful and honest with your answer. If you have tried marijuana,
consider when you last used it.
If it is
more than 15 years before the date of your application for a visa, you
may qualify for a 212(h) waiver of inadmissibility. If, however, you have
tried it within the last 15 years, you will not qualify for a waiver
unless you are either a spouse, parent, son, or daughter of a U.S.
citizen or permanent resident.
The usage
cannot be more than one single offense and you must establish that the
qualifying U.S. citizen or permanent resident will suffer extreme
hardship if the Attorney General does not consent to your reapplication
for a visa to the US.
If your Alien Fiancee or Spouse has had past issues with any of the above then it would be advisable for you to give us a call to help you know and understand how to successfully get through this part without facing rejections or denials.
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How to Change US Visa
Delivery Address in the Philippines?
After the K1 Visa Interview, the applicant will be
given a pink form for Visa Delivery. Look for the Delbros booth in the
corner within the interview hall and fill up the forms for your visa
delivery and pay for the corresponding amount in depending on your
location and province. It usually takes more days if you are in the
province but in case you are in a hurry to get the visa and wanted to
change your visa delivery address, it is POSSIBLE to change.
Instructions:
Step 1 Go to the US
embassy in Manila. Tell the security guard or staff about your
case and he will let you in the area.
Step 2 Look for the
Delbros booth to ask if it is possible to change the address
of my visa delivery and stating the reason/s and the staff
gave me a small paper with the procedure on HOW to change
visa delivery address.
Step 3 Photocopy of
your ID Photocopy of your receipt from Delbros after your
interview for visa delivery Letter of request Another form
from Delbros ( similar to the form that we filled up but
this time write the NEW address)
Step 4 Then proceed to
Delbros Pavilion Gate 4 in the US Embassy when you are done
with the requirements. Submit it to Delbros booth and they
will accept it EXCEPT that the amount you paid on your first
address will not be refunded. NO MORE ADDITIONAL PAYMENTS
REQUIRED!
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