THE K PACKET

An approved fiancé(e) (K1) nonimmigrant visa petition is only valid for four months from the date of its approval.  Consular officers may revalidate the petition several times.  Each revalidation is good for an additional four months.

The petition is routinely revalidated, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States. 

However, if the officer is not convinced that the U.S. citizen petitioner intends to marry the beneficiary, including instances where no action has been taken on the application for a year (i.e., a visa interview for the applicant and submission of required documentation), the petition may be returned to the approving U.S. Citizenship and Immigration Services office.

Where to Find Help in the U.S. If You Are a Victim of Abuse

Domestic abuse (physical, sexual, and/or emotional) affects thousands of women, men, and children in the United States, including immigrants who may may be hesitant to reach out for help.  Please remember that immigrants who are victims of domestic violence have rights and can get help provided by governmental or non-governmental agencies. Services may include counseling, interpreters, emergency housing, legal counsel, and even monetary assistance.

The hotlines listed below have operators trained to help victims 24 hours a day free of charge.  Interpreters are available.

National Domestic Violence Hotline
1-800-799-SAFE (1-800-799-7233)
1-800-787-3224 (TTY)
www.ndvh.org

National Sexual Assault Hotline of the Rape, Abuse
and Incest National Network (RAINN)
1-800-656-HOPE (1-800-656-4673)
www.rainn.org 

National Center for Missing and Exploited Children
1-800-THE-LOST (1-800-843-5678)
www.missingkids.com

The National Center for Victims of Crime
1-800-FYI-CALL (1-800-394-2255)
1-800-211-7996 (TTY)
www.ncvc.org 

For more information regarding legal rights available to immigrant victims of domestic violence in the U.S., you may visit the U.S. Citizenship and Immigration Services (USCIS) website at: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8707936ba657d210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD.

Bong Voyage received his visa packet and passport with immigrant visa.  He read the enclosed Warning notification and decided to go to the U.S. Embassy to ask a few questions.

Bong Voyage:  Good morning.

Jimmy Murdochs:  Good morning, how may I help you today?

Bong Voyage:  I received my visa documents last week. However, I read the enclosed Warning notification and don’t know how to retrieve my passport. I’m afraid to open anything because I don’t want to do anything wrong before I fly to America!

Jimmy Murdochs:  I understand your concern. You may open the plastic envelope to retrieve your passport. Just be sure not to detach the Immigrant Data Summary nor open the yellow envelope when you do so.  As stated in the Warning notification you received, only the Immigration or Public Health Service Officer at the U.S. port of entry is authorized to open the yellow envelope.

Bong Voyage:  Thank you. I also would like to ask about the pre-departure seminar provided by the Philippine government.  Am I required to attend the seminar or can I just register with government?

Jimmy Murdochs:  The Pre-departure Orientation Seminar (PDOS) is conducted by the Commission on Filipinos Overseas (CFO) and overseen by the Office of the President of the Philippines.  All immigrants must register with CFO prior to travel, as it is mandated by the Philippine government, and most will have to attend the seminar as well.  Information about CFO and their seminar schedule is included in the packet you received. 

Bong Voyage:  Yes, I actually have it with me.  So can I just register with CFO, or do I need to attend a seminar?

Jimmy Murdochs:  Only individuals younger than 13 and older than 60 are exempted from attending the PDOS.  They must, however be registered.  A sticker is affixed on your passport as proof of your registration.   You may read more detailed information on the leaflet that you have and by checking the CFO website at www.cfo.gov.ph.  You may also call them at 552-4700.

Bong Voyage:  You’ve been really helpful. I guess that’s my final question.

Jimmy Murdochs: We’re happy to help! Good luck with your move to America!

VIZARD’S CORNER

Dear Vizard,

I recently came across a website inviting me to register for the U.S. Green Card Lottery. I’ve begun filling out all the necessary online forms, including my financial information, but I can’t help but wonder if this whole “Diversity Visa” thing is a scam; the lottery seems almost too good to be true! Any advice?

Sincerely,

Jun Gonzalez

While the Diversity Visa program is a genuine initiative of the U.S. Department of State, Philippine citizens are not eligible to submit their names for the annual lottery. This is because the Diversity Visa is not available to citizens of countries which have sent more than 50,000 immigrants to the United States within the past five years; the Philippines sent over 50,000 immigrants to the United States in 2010 alone. Indeed, because the rate of Philippine immigration to the United States is so high, it is unlikely that individuals born in the Philippines will ever be eligible to apply for the Diversity Visa.

Therefore, the website you mention is indeed a scam. Remember that only a website URL ending in “.gov” is an official U.S. government website, and that the U.S. government will never request your financial information directly through email. For more detailed information on the types of the Diversity Visa scams that you may encounter, please see U.S. Embassy Manila’s fraud alert. You may also wish to read more about the Diversity Visa at USCIS and the Department of State.

Sincerely,

Vizard

THE K PACKET

I am being petitioned by my American citizen fiancé(e).  Can I also bring my child to the U.S.?

A child under 21 years old may be included in the I-129F visa petition as a fiancé(e) derivative beneficiary (K2).

How do I register my child?

A clear copy of the child’s birth certificate issued on security paper by the Philippine National Statistics Office (NSO) must be submitted wherever the case is currently being processed: the U.S. Citizenship and Immigration Services office, the National Visa Center, or the Embassy.

Will my child automatically be issued a K2 visa?

If one of the child’s parents is an American citizen, the child may have a possible claim to U.S. citizenship.  If the child’s American citizenship is established, he/she will not need a visa to enter the U.S.—instead, an application for a Consular Report of Birth Abroad and an application for a U.S. passport must be filed on his/her behalf with the Embassy’s American Citizens Services (ACS) Unit.  The ACS Unit may be contacted by email at acsinfomanila@state.gov regarding this matter.  If the ACS Unit determines that the child has no claim to U.S. citizenship, we will resume processing the K2 visa application.

Is there a deadline to register and issue a K2 visa to my child?

Following-to-join K2 beneficiaries have one (1) year to apply and be issued a K2 visa, from the time that the principal applicant was issued a K1 visa.

What if my child turned 21 years old or got married?

Under U.S. immigration law, when a child has aged out (turned 21 years old) or marries before admission to the U.S., he/she will no longer qualify for immigration benefits as a child. 

How will my child who turned 21 years old or who got married before admission to the U.S. qualify again for immigration benefits?

In order to qualify again for immigration benefits, he/she must now be the principal beneficiary of a family- or employment-based visa petition filed on his/her behalf.  Information regarding the requirements and procedures for filing visa petitions are available from the USCIS website.

For more information, see our blog post “K1 Visa FAQs: Who Should Attend the Interview?”

THE ADVENTURES OF BONG VOYAGE

Bong Voyage, our perpetual immigrant visa applicant, is at the U.S. Embassy for his visa interview.

Consul Jimmy Murdochs:  Good morning, Mr. Voyage.  I see you are applying today for an E3 employment visa.  Have you ever left the Philippines before?

Bong Voyage:  Yes, I have been to the United States.

Consul:  What was the purpose of your travel?

Bong Voyage:  I went to visit my sister, who lives in Seattle.  We like to have family reunions at her house there.  I traveled on a B1/B2 tourist visa.

Consul:  I’m glad you had a good trip.  How many times did you go to the U.S., and what was your longest stay there?

Bong Voyage:  I only went twice—once in 2005 for three months and again in 2010 for nine months.

Consul:  Normally the Department of Homeland Security/Customs and Border Patrol (DHS/CBP) will allow visitors on B1/B2 visas to stay in the U.S. for only six months.  How were you able to stay in 2010 for nine months, sir?

Bong Voyage:  I requested an extension of stay, and DHS granted it to me.  I left the U.S. before the date they indicated in my approval notice.

Consul:  Do you have a copy of the extension approval?  Do you also have your old passport with your valid B1/B2 visa in it?

Bong Voyage:  No, sir, I didn’t know I needed to bring them to my immigrant visa interview…

Consul:  Don’t worry, you can submit them through the courier service.  Everything seems to be in order, but we will need to check your extension approval and cancel your B1/B2 visa before issuing your E3 immigrant visa.

Bong Voyage:  Thank you for this information.  I will go home and look for these documents and submit them right away.

VIZARD’S CORNER

Dear Vizard,

I was petitioned by my sister in the F4 category (brother or sister of an American citizen).  I recently had my visa interview at the U.S. Embassy, along with my husband and my two minor children.  With our applications, I turned in all four of our birth certificates.  However, the Consular Officer told me that they were unacceptable because they were from the local registry.  What does this mean?  How can I get the correct birth certificates to submit to the Embassy?  Thanks for your help.

Sincerely,

Ma. Teresa Mendoza

Dear Ms. Mendoza,

Thank you for writing to me.  The U.S. Embassy only accepts civil documents from the Philippine National Statistics Office (NSO): this includes such documents as birth certificates, marriage certificates, and death certificates.  All civil documents must be on NSO security paper.  Unfortunately, we do not accept documents directly from the local registry.

These documents can be obtained through an online request or you may personally visit any NSO branch.  You may find the complete list of branches here.  The NSO may also be contacted by telephone at (+63) 02-737-1111.

For more information about how to get your civil documents from the NSO, please see this website.

Sincerely,

Vizard