Married to an American Citizen (NIV)

Every nonimmigrant visa applicant must qualify on his/her own merits.  To that end, spouses of U.S. citizens or Legal Permanent Residents may qualify for a nonimmigrant visa under certain circumstances.  However, due to the bonds of marriage and the presumption by the interviewing officer that the U.S. citizen or Legal Permanent Resident’s spouse may want to permanently reside with the citizen in the United States, spouses of Legal Permanent Residents or U.S. citizens that reside in the United States may find it difficult to qualify for a nonimmigrant visa.

168 thoughts on “Married to an American Citizen (NIV)

  1. I’m married to US citizen and have two kids that were born in US. My husband filed a petition for me but was denied bec i overstayed for more than 3 years. My kids are here with me in the Phils right now for more than 5 years but they misses their dad terribly,and my husband really wanted to be with us for good.is there any way to lift the ban so we could file another petition,what do i need to do?

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority over the filing and approval of visa petitions, including potential waivers. You may wish to contact the DHS/USCIS office at Embassy Manila by telephone at (632) 301-2000 extension 2224 or by fax at (632) 301-2208 (Attention: Officer-in-Charge) regarding your concerns. Inquiries may also be sent to USCIS by email at mphinquiry.cis@dhs.gov.

      • Hello,

        I am a US citizenship holder from Libya. I’ve got married few months ago and was wandering how could my wife gain the citizenship.

        mind you that I am not living in the US and (alas) never even visited the country.

        regards

        regards

        • In order for a spouse of a U.S. citizen to qualify for immigration benefits, an I-130 immigrant visa petition must be filed on the alien
          spouse’s behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over the U.S. citizen’s place of
          residence. The USCIS must approve the visa petition before the alien spouse can apply for an immigrant visa.

          Under Section 213A (f)(1)(C) of the INA, the petitioner, as sponsor, must be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States. The domicile requirement that the petitioner/sponsor is maintaining primary residence in the United States or a U.S. territory is related to the public charge provision of law. There is no minimal time to establish domicile but credible proof should be provided demonstrating that the petitioner has taken up physical U.S. residence. Such proof could include copies of current bills and bank statements with his U.S. address, and the establishment of local services in her name (phone, cable, cellular phone, internet, etc.).

          You may also wish to contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283 regarding your concerns.

  2. So if it’s very difficult for a spouse of an American Citizen to qualify for a nonimmigrant visa, then what do you suggest one does? I’ve been trying to get my Filipino husband to the States just to visit my family (which he’s never met even after 7 years of marriage). He was denied his visa. I’m a US citizen with a permanent resident visa of the Philippines and plan to live here with our children for quite some time. Is it better to apply for the IR or K visa and then just return to the Philippines after our visit is complete? Is that allowed? Any direction or advice would be appreciated. Thank you.

    • A K visa is only for individuals who are engaged to be mararied but are not currently married. If you and your husband plan to live permanently in the United States, you can go through the application process for an IR1 petition. However, one of the requirements is that the American citizen has a principal residence in the United States that he/she intends to retain. For more information on IR1 visas, see http://travel.state.gov/visa/immigrants/types/types_2991.html#2.

      • Thank you for your reply, but I’m still confused as to what to do. We don’t qualify for the K visa because we are already married, and we don’t plan to live permanently in the States so the IR visa is out. So even though getting a nonimmigrant (tourist) visa is almost impossible for my husband, we just have to try our luck? Are there any other options for us? I’ve checked the website about the various types of visas, but can’t seem to find where our particular situation fits in. I’m not sure of the limitations of this blog (as to what advice you can or cannot give), but anything would be greatly appreciated. Thank you again.

  3. I am a US citizen, I already filed a petition (CR1) for my wife in P.I. I want her to visit me here in the states, is it enough to have a pending petition to serve as a proof that she is coming back to P.I?

    • Your wife would have to overcome the presumption of immigrant intent by proving strong social, family, and economic ties outside of the United States.

  4. Is it allowed to marry us citizen even though married here philippines?
    if it is no…why the father of my kids allowing to marry somebody there US while he is still married here philippines?
    what about my kids what are the possibilities that the father gives?
    is he can petition them?
    what about me as there mother i am not married to him?
    we are not married to there father but my kids handling his surname….

    • We appreciate the information that you have provided. To qualify for fiancé(e) visa classification (K1), the petitioner and beneficiary must be unmarried, or their previous marriages have ended through divorce, annulment or death. A Philippine citizen is considered married until the marriage is annulled under Philippine law or the other contracting party dies. Consular officers need to be reasonably satisfied that all identity and relationship issues have been addressed before a final determination is made regarding visa issuance.

      If the father of your children is now a U.S. Legal Permanent Resident or a U.S. Citizen, he is eligible to file immigrant visa petitions for his legitimate, illegitimate and/or legally adopted children. The visa petitions should be filed with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over his place of residence. The USCIS must first approve the visa petitions before immigrant visa applications for the children can be considered. Once the visa petitions are approved, a consular officer will determine if your children are qualified for visas during the adjudication process.

      If you wish to immigrate to the U.S. with your children, you must also have a relative, fiancé(e) or potential employer file a visa petition with the USCIS on your behalf. You may wish to visit the following websites, which provide comprehensive information on immigrant visa petition procedures and the multi-step process to become an immigrant:

      (1) http://manila.usembassy.gov/wwwh3202.html
      (2) http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD
      (3) http://travel.state.gov/visa/immigrants/types/types_1326.html

      We hope this information is helpful to you.

    • We appreciate the information that you have provided. To qualify for fiancé(e) visa classification (K1), the petitioner and beneficiary must be unmarried, or their previous marriages have ended through divorce, annulment or death. A Philippine citizen is considered married until the marriage is annulled under Philippine law or the other contracting party dies. Consular officers need to be reasonably satisfied that all identity and relationship issues have been addressed before a final determination is made regarding visa issuance.

      If the father of your children is now a U.S. Legal Permanent Resident or a U.S. Citizen, he is eligible to file immigrant visa petitions for his legitimate, illegitimate and/or legally adopted children. The visa petitions should be filed with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over his place of residence. The USCIS must first approve the visa petitions before immigrant visa applications for the children can be considered.Once the visa petitions are approved, a consular officer will determine if your children are qualified for visas during the adjudication process.

      If you wish to immigrate to the U.S. with your children, you must also have a relative, fiancé(e) or potential employer file a visa petition with the USCIS on your behalf. You may wish to visit the following websites, which provide comprehensive information on immigrant visa petition procedures and the multi-step process to become an immigrant:

      (1) http://manila.usembassy.gov/wwwh3202.html
      (2) http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD
      (3) http://travel.state.gov/visa/immigrants/types/types_1326.html

      We hope this information is helpful to you.

      • my father is a born us citizen. back in 1978 when i was born he is here because he is a us navy he back again in us in 1982. since then we dont have any communication….last year when my sister wrote a letter in address in my birth certificate my father response..then this year i go to us embassy manila to get a derivative us citizen and passport…i have my fathers birth certificate,old papers in us navy that proofs that im a legitimate son,affidavit of paternity from us navy…and the papers that says that he support me in my birth to one month before he is discharge in the navy in october 10,1983.. is ther a chance that im going to be a us citizen too?

    • The U.S. Embassy does not maintain a record of divorce decrees for its citizens. You may wish to contact the U.S. court where the divorce was filed and request for a copy of the divorce decree.

      If you have not adjusted status prior to your divorce, you will need to apply for a new visa in order to go back to the U.S. The type of visa will depend on the purpose and your intended length of stay in the U.S. Information regarding immigrant and non-immigrant visas are available from the Embassy’s website at http://manila.usembassy.gov/visas.html.

  5. My husband is a permanent resident for more than 6 yrs now and is not yet planning to become a US citizen. He took my son 4 years ago and didn’t come back here in the philippines. I tried to apply for a tourist visa last march 2009 but unfortunately my application was denied. I wasn’t working yet during that time. Now, I am currently working and have a good job and I want to visit my son on his 8th birthday this coming March. Would it be possible for me to get a tourist visa this time? My son is begging me to visit him on his birthday even just for that day. I have no plan of staying long in the US as I need to go back at work in 2 days after my visit, just really want to spend the day on his birthday. What should I do?

    • Hello Jenny – Unfortunately, we cannot tell you definitively if you would qualify for a tourist visa or not. If you decide to apply for a tourist visa, the consular officer who interviews you and reviews your application will take your family and economic ties to the United States and to the Philippines into consideration and make a determination if you qualify for the visa.

  6. hi there!
    was married to a us citizen but unfortunately he is dead now. i have 2 kids. my younger one is born from kansas, usa and his child and the older one is not his child and a filipino. u have a law that if i am a widow of an american citizen i can apply for an immigrant visa. my kids and i been here for 7 yrs now and my stepdaughter begging us to visit them in kansas. how can apply and what to do?

    • If you were married to a U.S. citizen before the citizen’s death but had no I-130 petition filed on your behalf, you can self-petition as an “immediate relative” on Form I-360, Petition for Widow.
      To qualify, you must not have been divorced or legally separated from the U.S. citizen at the time of death. Your eligibility to immigrate as a widow ends if you have remarried. You must file within 2 years of the citizen’s death.
      If your citizen spouse did not have a Form I-130 pending at the time of death, you must file the Form I-360 no more than 2 years after the death of your citizen spouse.
      If, however, you were married less than 2 years, and your citizen spouse died before October 28, 2009, you must have filed your Form I-360 no later than October 28, 2011.
      The Department of Homeland Security has sole authority over the filing and approval of visa petitions. Information regarding the requirements and procedure are available from the USCIS website at http://www.uscis.gov/portal/site/uscis. You may also wish to contact the USCIS office at Embassy Manila by email at MPHinquiry.cis@dhs.gov regarding this matter.

  7. Hi, I married an America Citizen in March 2004, I got my Green Card in August 2009. Unfortunately my wife died in tragic in August 2010. My question is, am I still qualify to file for citizenship after three years, or I need to wait five years?

    Thanks.

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      You may wish to contact the nearest U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over your place of residence to ask about applying for U.S. citizenship through naturalization.

      The USCIS has sole authority over the processing and approval of all naturalization applications; inquiries regarding the requirements and procedures should be directed to that agency. You may also contact the USCIS National Customer Service Center toll free at 1-800-375-5283 regarding your concern.

      We hope this information will be helpful to you.

  8. I am a US Citizen and my Fiance is a British Citizen. He is coming over here next month to visit me and we have decided to get married in Canada. After we are married I will apply for the CR1 visa for him while he is still here in the US. He will stay here with me no longer than his 90 allowance and we will both go back to the UK to visit his family for about a week then come back to the US, that way his 90 allowance will have basically ‘reset’ and he can stay another 90 days. My question is, can he be in the US with me while they are determining whether or not to approve his Visa and when the time comes for an interview, can he have it in the US, like at the embassy in Seattle or does he have to go to London to have his interview done? Also, can he have his medical exam while he is in the US?

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      We suggest that you contact the U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center at 1-800-375-5283 regarding your concerns.

  9. Hello,

    I was married with an American man last July 2007 here in the Philippines, and my husband was died January 2008… Can i still qualify to file for the green card??? Please need more information about it.

    Thanks…

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      The surviving spouse of a U.S. citizen may file a Petition For Amerasian, Widow(er), or Special Immigrant (Form I-360), with either the USCIS office that has jurisdiction over the applicant’s place of residence, or with the USCIS office overseas or consular post abroad in which area the beneficiary resides.

      You may contact the Department of Homeland Security (DHS/USCIS) office at Embassy Manila for information about the self-petitioning right of widows of U.S. citizens. The DHS/USCIS office can be contacted by email at MPHInquiry.cis@dhs.gov or by fax at (632) 301-2208 (Attention: Field Office Director).

      For further information regarding the Form I-360, you may visit a link to the USCIS website at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD.

  10. hello , im a mexican girl , and im gonna get married to a filipino and i would like to know , if thats enough in order to live in the philippines , or i need to make a special process for that
    ?

    • Melissa, as the U.S. Embassy, we cannot advise you on immigration processes in the Philippines. You would need to contact the Philippine Government with any inquiries.

  11. Hi. I am a filipina and my bf is american. Were planning to get married here and extend his visa, but he still planning for me to be a us citizen after we get married here,Is the I-130 Petition for Alien Relative visa are do we need to apply for me to become a us citizen?Is he allowed to sponsor me even though he’s on socal security disability. Please help me to answer this. Thank you.

    • Thank you for posting on VISAtisfied Voyager. In order for you to become a U.S. citizen, you will first need to be admitted to the United States as a Lawful Permanent Resident. In order to do that, your fiancé will need to file an I-130 immigrant petition for you. Once this is approved, you may interview with a consular officer to apply for an immigrant visa which will allow you to travel to the U.S.

      For information regarding sponsorship guidelines, you may visit the USCIS website at http://www.uscis.gov/files/form/i-864p.pdf

      You or the petitioner may also wish to contact the U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center (NCSC) at 1-800-375-5283 (toll-free for callers in the U.S.) regarding additional questions.

  12. Hello, my american citizen boyfriend would like me and my baby to go to US and stay with him for good. I am now in philippines and i am pregant :)
    What visa do i need to go to US? He wanted me to deliver in states but i told him it wod be imposible cause we dont even know which visa to get? If we get fiancee visa, how long will it take for me to wait? And on other choices we have we alsoare planning to marry here in philippines after i deliver january 2013. If we do marry here in philippines what visa i will get? And how long it will take? He wanted me and our baby to go with him as soon as wedding is done. Can i get visa stamp after a week of the wedding? Please help. Thank you

    • Before you can apply for a visa, a petition must first be filed on your behalf with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over the petitioner’s residence.

      If you plan to marry in the U.S., a fiancee (I-129F) visa petition must be filed on your behalf. On the other hand, if you are getting married in the Philippines, a spouse (I-130) visa petition must be filed after you are married.

      Additional information regarding visa petitions may be obtained from the following websites:
      (1) http://www.uscis.gov/portal/site/uscis
      (2) http://travel.state.gov/visa/immigrants/types/types_1315.html
      (3) http://manila.usembassy.gov/wwwh3204.html

      The USCIS National Customer Service Center (NCSC) may also be contacted at 1-800-375-5283 (toll-free for callers in the U.S.) regarding this matter.

      The time required to process a visa application varies by case and depends on its complexity and the number and intricacy of other cases awaiting review. In this regard, it is not Embassy policy to tell applicants or petitioners that a visa would be issued by any specific date. In fact, we advise our clients not to finalize travel plans, dispose of their properties, or give up jobs until a visa is actually delivered to the applicant. We are simply unable to predict if or when an applicant would qualify for visa issuance.

      We hope this information is helpful to you.

  13. Hi! I am a US born Citizen and have been living here in the Philippines since I was 6 months old. I have been visiting the US since i was a child but i only stay a month to 6 months whenever I visit. I got married and I gave birth in the Philippines and I tried claiming the US citizenship of my daughter. However I fail the requirement of at least 5 years of residing in the US for the Embassy to grant my request. Can i file a petition for my daughter even if I am here in the Philippines? And once her petition is granted is she required to stay in the US at once and for how long? Thank you!

    • Embassy Manila’s U.S. Department of Homeland Security (DHS)/U.S. Citizenship and Immigration Services (USCIS) office only accepts I-130 (immigrant) visa petitions filed by U.S. citizens who have permanent resident status in the Philippines or are assigned full time to the Philippines by their American employer.

      The DHS/USCIS Manila office can be contacted by email at MPHInquiry.cis@dhs.gov or by fax at (632) 301-2208 (Attention: Field Office Director).

  14. hello.. i am married to american man and we got married here in the philippines. now i am pregnant we are thinking what kind of visa we need to apply for our baby so that we can go to usa with my husband. and what are the requirments we will need?

  15. hi, im currently holding a permanent resident status here in US. im planning to get my boyfriend in the philippines, is it possible to file for a fiancee visa? how long would it take? or if i plan to visit him in the philippines next year and get married, how long will it take for him to get here? i want to get him the soonest possible time. thank you

    • Kristine, unfortunately there is no visa class for fiance(e)s of LPRs. There is a visa class for spouses of LPRs and another visa class for fiance(e)s of American citizens.

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      Only U.S. Citizens may file a fiancé (e) visa petition. Legal permanent residents should file an immigrant visa petition on their spouses’ behalf under the F2A visa category. Currently, Philippine F2A visa numbers are available only for applicants with priority dates before February 15, 2010.

  16. Hi, Im a current US Permanent Recident Visa holder and planning to petition my husband who is a filipino citizen. We got married just few months ago back in the Philippines and we already have a daughter born here in the US. I want to know what type of visa a should apply for to get my husband. Also, will they look at our financial capability when they review my petition for approval? I never had a single job and my parents are supporting me and my daughter here in the US. My husband never had a regular job as well but he owns a small business back home. Will this affect my petition even if my parents will co-sign for me? Thank you. Ill appreciate your response

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority regarding the filing and approval of visa petitions.

      You may wish to visit the following websites:

      (1) http://manila.usembassy.gov/wwwh3202.html
      (2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD
      (3) http://travel.state.gov/visa/immigrants/types/types_1326.html

      which provide comprehensive information on immigrant visa petition procedures and the multi-step process to become an immigrant based on family.

      Future inquiries regarding the matter may be directed to the DHS/USCIS. The agency can be contacted by telephone at (632) 301-2000 extension 2224, or by fax at (632) 301-2208 (Attention: Field Office Director). Their e-mail address is mphinquiry.cis@dhs.gov.

  17. Good Morning,
    I am a US Citizen with a 13a probationary residency visa in the Philippines. I am trying to get a CR1 visa for my Filipina wife.I am currently a missionary with the Salvation Army near Manila and our term ends February 2013. May I send the completed I-130 form to the Embassy in Manila? I have looked online and found conflicting results. Any info you have would be greatly appreciated.

    God Bless,
    Matthew

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority regarding the filing and approval of visa petitions.

      You may wish to visit the following websites:

      (1) http://manila.usembassy.gov/wwwh3202.html
      (2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD
      (3) http://travel.state.gov/visa/immigrants/types/types_1326.html

      which provide comprehensive information on immigrant visa petition procedures and the multi-step process to become an immigrant based on family.

      Future inquiries regarding the matter may be directed to the DHS/USCIS. The agency can be contacted by telephone at (632) 301-2000 extension 2224, or by fax at (632) 301-2208 (Attention: Field Office Director). Their e-mail address is mphinquiry.cis@dhs.gov.

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority regarding the filing and approval of visa petitions.

      You may wish to visit the following websites:

      (1) http://manila.usembassy.gov/wwwh3202.html
      (2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a16066e7d9fd4210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD
      (3) http://travel.state.gov/visa/immigrants/types/types_1326.html

      which provide comprehensive information on immigrant visa petition procedures and the multi-step process to become an immigrant based on family.

      Future inquiries regarding the matter may be directed to the DHS/USCIS. The agency can be contacted by telephone at (632) 301-2000 extension 2224, or by fax at (632) 301-2208 (Attention: Field Office Director). Their e-mail address is mphinquiry.cis@dhs.gov.

  18. I am a filipina married to a retired u.s military. We get married here in phils.
    And nw he is working somewhere in middle east in military base. He want me to come with him evrytime he go home to america to visit and meet his family,just like having vacation.I haven’t been to america since we got married.what visa should I apply. And if I got that visa, can I return to phils anytime.specially if he will return to work in middle east.pls gve me idea.

    • Shandy, the type of visa that you need to apply for would depend on your purpose of travel. If your purpose of travel is for tourism and to visit your husband’s family in the U.S., then you need a visitor visa. To qualify for a visitor visa, you must be able to prove that you are not an intending immigrant by demonstrating sufficiently strong familial, social, professional, and economic ties to a country outside the United States that would compel return after a temporary stay in the United States. More information about visitor visas is provided in our website.

    • Lyka, we are sorry to hear about your husband. You may be able to self-petition as the widow of a U.S. citizen. Please visit the U.S. Citizenship and Immigration Services (USCIS) website for further information: http://www.uscis.gov

  19. I’m a US Citizen and I have a felony conviction of robbery(Domestic Violence). Will that Stop me from petitions my wife to come to the US on a CR1 visa.
    Thanks

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has full discretion over the approval of petitions. We suggest you visit their website for further information: http://www.uscis.gov

  20. hi im sheila, i need your help, i come to usa for fiance visa 2010 and my fiance ddnt showed up in the airport so i ask help fro my friend ther as i came to america and she introduce me her frend so later we fal n love each other we decided to get maried ther, so i was maried to a man ther in usa then we aplied for cr 1 visa and i need to comeback here in phil ,but it almost year nw ,im tired of waiting ,how long does it take for to hear from imigration , and i have guy here online he want to come here i phil and he want to mary me here coz we falin nlove , does it makes me i ntrouble if decided just to mary this guy here, and not come back in us anymore.pls help me
    SHEILA

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority over the filing and approval of visa petitions and adjustment of status. You may wish to contact the USCIS office which has jurisdiction over your case. The USCIS National Customer Service Center (NCSC) may also be reached at 1-800-375-5283 (toll-free for callers in the U.S.) regarding this matter.
      Before you can enter into another marriage, you will need to terminate your previous marriage. We can only suggest you engage the services of a competent legal authority regarding this matter.

  21. I am an annulled filipina and got married to a US Citizen. I have a 2 kids 8 and 15 years old. Is it possible that my kids can also use my us citizen husband? If it’s yes. How?

    • You or your husband may file a visa petition on behalf of your children with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over your residence. Information regarding the requirements and procedures are available from the USCIS website at http://www.uscis.gov/portal/site/uscis. The USCIS National Customer Service Center (NCSC) may also be contacted toll-free at 1-800-375-5283 regarding this matter.

  22. Hi I am an American citizen I got married with my husband on 2008 and we have a child but we have been separated since a year after we got married .. Until now we are still married because …..we have an on and off relationship .. Can he file a petitition for the green card??? Even though we are not living together???

    • In general, a petition for an immigrant visa is filed either by a relative or a potential employer at a USCIS office in the United States. Specific information about filing immigrant petitions is available on the USCIS website. The main purpose for visas for relatives is family reunification. Therefore, you will need to prove that you and your husband have a meaningful relationship and that he plans to live with you in the US.

  23. Hey. I am currently have a working visa here in Canada and might be able to apply for residency in a year. My boyfriend is an American Citizen and he want us to get married soon in the US so I can live with him. I also do have a US tourist visa valid until february 2013. Do i still need to get visa? What is gonna be my status if we get married in the US? We appreciate hearing anything from you soon. Thank you so much.

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      We suggest that you contact the U.S. consulate nearest your residence. You may wish to visit their website at: http://canada.usembassy.gov/.

      We hope this information will be helpful to you.

  24. Hello I am a filipina, married to an american guy ,we just got married recently and he staying here for 4 months now and he wants to bring me in the united states, what kind of visa should he apply? thanks a lot and have a blessed day!

    • In order for a spouse of a U.S. citizen to qualify for immigration benefits, an I-130 immigrant visa petition must be filedin his/her behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over your place of residence. The USCIS must approve the visa petition before a spouse can apply for an immigrant visa.

      You may wish to visit the following websites:
      1) http://manila.usembassy.gov/wwwh3204.html
      2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=91f9597a46f7b110VgnVCM1000004718190aRCRD&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD
      3) http://travel.state.gov/visa/immigrants/types/types_1315.html

      which provide comprehensive information on how a U.S. citizen may bring a Filipino spouse or fiancé(e) to the United States.

      Future fiancé(e) and immigrant visa written inquiries should be directed to this web link: http://manila.usembassy.gov/wwwh3230.html.

      We hope this information is helpful to you.

  25. hi! im a filipino working in singapore and my american bf for 3 yrs and i will be getting married here next month. we been on a long distance relationship and had only met once in florida when i missed the ship i used to work with. i was given a 10 year ban for that. my bf wants me to move with him after the marriage but is it still possible? what should we do? what visa to file? and is it possible to take my 7 yr old child from another guy to be with me when i move there? would appreciate any advice. thank u.

    • Thank you for your interest in the VISAtisfied Voyager.

      Generally, in order to be eligible for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services (USCIS). The USCIS is a separate agency that has sole authority over the adjudication of visa petitions and applications.

      You may wish to visit the following websites for comprehensive information on how a U.S. Citizen may bring a Filipino spouse and stepchild to the United States:

      1) http://manila.usembassy.gov/wwwh3204.html
      2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=91f9597a46f7b110VgnVCM1000004718190aRCRD&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD
      3) http://travel.state.gov/visa/immigrants/types/types_1315.html
      We hope this information is helpful to you.

  26. Hi. I and my husband (US Citizen) married last October 16,2011… Now we are planning to live at Arizona USA… What are the passable papers needed for my petition? Is this will take very long? How long? Please let me know.. Thank you..

    • Thank you for your interest in the VISAtisfied Voyager.

      Generally, in order to be eligible for an immigrant visa, a foreign citizen must be sponsored by a U.S. citizen relative(s), U.S. lawful permanent resident, or by a prospective employer, and be the beneficiary of an approved petition filed with U.S. Citizenship and Immigration Services (USCIS).

      You may wish to visit the following websites for comprehensive information on how a U.S Citizen may bring a Filipino spouse to the United States:

      1) http://manila.usembassy.gov/wwwh3204.html
      2)http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=91f9597a46f7b110VgnVCM1000004718190aRCRD&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1RCRD
      3) http://travel.state.gov/visa/immigrants/types/types_1315.html

      We hope this information is helpful to you.

  27. Hello, my wife and i have been married for a few years now and we have a beautiful daughters who’s about to turn 3yrs old next year. My wife was born and raised in California and recently went back to the US to work. we’ve decided to apply for the petition for me and our daughter to be able to go to the US and start a new life for our family together. i was just wondering how long does a petition for our case usually take and is there any way to speed up the process? thanks.

    • Thank you for your interest in the VISAtisfied Voyager.

      In order for a spouse of a U.S. citizen to qualify for immigration benefits, an I-130 immigrant visa petition must be filed on the alien spouse’s behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over the U.S. citizen’s place of residence. The USCIS must approve the visa petition before the alien spouse can apply for an immigrant visa.

      Once the USCIS approves the I-130 petition, you will be considered an immediate relative (IR) and is eligible to apply for an immigrant visa under the IR1 category. A visa number is immediately available for the spouse of a U.S. citizen.

      Your child, however, may have possible claim to U.S. citizenship derived at birth from her mother, and therefore will not need a visa to enter the United States. You may wish to pursue this matter with the Embassy’s American Citizen Services (ACS) Unit. The ACS Unit’s fax number is (011)(632)301-2017, the phone number is (632)301-2000 extension 2555. Inquiries can also be made by email at ACSInfoManila@state.gov.

      • Thank you for the reply, follow up question though. in cases like ours how long or how fast does the whole process usually take from I-130 immigrant visa petition to getting approved for a visa and finally be allowed to move to the US? Thank you.

        • Thank you for your interest in the VISAtisfied Voyager.

          After the U.S. Citizenship and Immigration Services (USCIS) approves a petition, the agency sends it to the State Department’s National Visa Center (NVC) for documentary processing. The NVC is responsible for the collection of visa processing fees and documentation in support of immigrant visa applications (including appointment scheduling). Your place in the scheduling queue is determined by the date all the necessary fees and supporting documents are received at NVC and the case becomes documentarily qualified.

          NVC will send you and the petitioner appointment packets, and will subsequently forward the case to Embassy Manila as soon as an interview slot becomes available for you. We will process the case as soon as the visa petition is received from NVC.

          Visa processing time depends mainly on the completeness of information provided by the applicant during the visa interview and the submission of requested documentation to assist with the adjudication.

  28. Good day Sir/Madam,

    I am a US citizen and my wife is a filipino citizen. my wife already got her cr1 visa expiration date, Nov.22,2012, She is schedule to come here in US 1st week of ,Nov.. Me and my wife plan to go back in the philippines 1 month after she arrive here in US, that if there is no problem on her status as cr1 visa.(So basically, we dont want her cr1 visa to expired so we dont do another petition) My wife is 5 months pregnant right now. We decided that, she will deliver the baby in philippines, now my question is, a.) Is there a minimum requirement for her to stay in US teritory before going back to philippines? b.) Does she need to wait for her Greencard and SS# before she can travel back in the philippines? If yes, can she apply for a temporary greencard, if the original greencard does’nt arrive yet before the schedule travel back in philippines?
    Your answer to or query is much appreciated, anymore information you can add will be great.

    Thanks a lot..

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      You may wish to contact the nearest U.S. Citizenship and Immigration Services (USCIS) office having jurisdiction over your place of residence regarding your concern. You may also contact the USCIS National Customer Service Center toll free at 1-800-375-5283.

  29. hi my name is levie and im married to an american citizen we live here in the philippines coz his permanent residency visa already approved and i have 2 kids from my late first filipino husband ages 10 and 11. so is there any possibility that my american husband can file a petition for my 2 kids even if we live here in the philippines? and is our marriage also been recognize in US government?

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      U.S. citizens can file a petition on behalf of their stepchildren. Information regarding the requirements and procedures are available from the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov/portal/site/uscis. The USCIS National Customer Service Center may also be contacted toll-free at 1-800-375-5283 regarding this matter.

      You may also contact USCIS office at Embassy Manila regarding your concern. USCIS Manila may be reached by telephone at (632) 301-2000, extension 2224 or by fax at (632) 301-2208 (Attention: Field Officer Director). Inquiries can also be made by e-mail at mphinquiry.cis@dhs.gov

  30. i was married to a filipino who later became a naturalized citizen in the US. He filed divorce 2 years ago and i got a copy a copy of divorce decree. I have a US bf now and he plans to marry me in the US. Do i still have to file for recognition of foreign divorce decree even if i have no plans to marry in the Philippines? He filed for fiancee petition and it is currently on initial process. Will my K visa be denied?

    • Thank you for your interest in the VISAtisfied Voyager.

      Philippine courts do not recognize the validity of foreign divorces for Philippine nationals unless at least one of the parties to the divorce was also a citizen of the country granting the divorce.

      To qualify for fiancé(e) (K1) visa classification, the petitioner and beneficiary must be unmarried, or their previous marriages have ended through divorce, annulment or death. In adjudicating K1 cases, we require documentary proof from petitioners/applicants that all previous marriages have been legally terminated.

  31. Thank you for your interest in the VISAtisfied Voyager.

    You may wish to contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283 regarding the matter.

  32. I am a disabled US Veteran. I am planning on moving to Philipines in Nov 2012. I have been coresponding with woman from the Philipines. She is coming this week Oct 2012 on a visitors visa. She is a nurse w masters degree and has family only in the Philipines, has a job and her own house. We may deicde to get married here in the US. What do we need to to be able to come back and forth to the US or other places?

    • If your spouse is planning to live in the U.S. permanently, a petition must be filed with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over your residence. Information regarding the requirements and procedures are available from the USCIS website at http://www.uscis.gov/portal/site/uscis. The USCIS National Customer Service Center (NCSC) may also be contacted toll-free at 1-800-375-5283 regarding this matter.
      If she is only visiting or staying in the U.S. for a brief period of time, she may wish to apply for a non-immigrant visa. Information regarding non-immigrant visas (mailnly tourist and visitor visas) should be directed to the Embassy’s Non-immigrant Visa Unit by email at ConsManilaNIV@state.gov.

  33. Hi i’m LJ a Filipino, i am planning to marry my girlfriend now in 2014, she is US citizen. I’m just asking if what are the things i need to prepare?
    thank you

    • Thank you for your interest in the VISAtisfied Voyager.

      In order for a spouse of a U.S. citizen to qualify for immigration benefits, an I-130 immigrant visa petition must be filed on the alien spouse’s behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over the U.S. citizen’s place of residence. The USCIS must approve the visa petition before the alien spouse can apply for an immigrant visa.

      You may wish to visit the following websites:
      (1) http://manila.usembassy.gov
      (2)http://www.uscis.gov
      (3)http://travel.state.gov

      which provide comprehensive information on how a U.S. citizen may bring a Filipino spouse to the United States.

  34. My wife is US citizen .We got married in January 2012 and petition my file for CR 1 category .but due to health Issue see has to back India. Treatment was for six moths so see stop the file after calling Mumbai embassy as see don’t have any relative to collect the documents on behalf of her. and file was transferred to USCIS from NVC . Now see is well and want to continue the process of the file which see has stopped . Can you guide me the way to move further.

    • Thank you for your interest in the VISAtisfied Voyager. For privacy reasons, the Embassy does not address specific case concerns publicly on this blog. For specific information regarding the visa case, please send an email to IVManilaReplies@state.gov with the applicant’s complete name, case number and current contact information clearly indicated.

  35. Hi my name is Anne and I am married to a US Citizen I want to know about my benefits because he is divorced and now receiving his pension. I want to know because he had 3 wives before is it true that if something happens to him the one who married the longest with him has the right for his Social Security? What about me since i am now his wife do i have any legal rights? Can u pls give me the website for that and also I want to know if our married here in the Philippines is valid in the US and can we still apply for a fiance visa since we are also planning to get married when i get to the US. I hope you can help me coz i dont know where to ask those questions. Thank you so much.

    • Thank you for your interest in the VISAtisfied Voyager.

      The Embassy has no standing to intercede in this issue since this is a private matter. You may wish to engage the services of a competent attorney to provide legal advice regarding your concerns.

      Please note that inorder to qualify for fiancé(e) visa classification (K1), the petitioner and beneficiary must be unmarried, or their previous marriages have ended through divorce, annulment or death.

  36. hi..i came here with a k-1 fiancee visa and we got married before 90 days.. but i have’nt filed for adjustment of status yet and its almost 3 years now.. what will happen to me? we have 1 child and my husband is in military.. pls help thank you.

    • Thank you for your interest in the VISAtisfied Voyager.

      We can only suggest that you contact the nearest U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over your place of residence, regarding this matter. You may also wish to contact the USCIS National Customer Service Center toll-free at 1-800-375-5283.

  37. Hi! I’m a Filipina and married to a US citizen. He already filed for my I-30. I gave birth to our son while my visa application is being processed. Does ou son needs a visa to enter US or do we just need to apply for his CRBA? If his CRBA is approved, can we get him a US passport? Hope you’ll enlighten me on this matter.

    Thank you!

    • Your son may have a possible claim to U.S. citizenship derived from birth from his U.S. citizen father. We suggest you contact the Embassy’s American Citizens Services (ACS) Unit regarding this matter. If his claim is established, he will not need a visa to enter the U.S., but instead must apply for a Consular Record of Birth Abroad (CRBA) and a U.S. passport. If his claim is not established, a visa petition must be filed with the U.S. Citizenship and Immigration Services (USCIS).
      The ACS Unit may be contacted by fax at (011)(632)301-2017 and by phone at (632)301-2000 extension 2555. Inquiries can also be made by email at ACSInfoManila@state.gov.

  38. Hi,

    My husband is 5yrs Resident Visa holder from the petition of my mother in law when my hubby is single. And he come here in the philippines year 2009 for our marriage. And He will visit me last March 2012.
    And He will be back in US and He told me that He was planning to apply for citizens visa and petition me. Im
    Just asking what is the requirements and type of visa for me? And why some Filipino is marrying a US Citizens while the person is already married here in the philippines. Is the marriage here in philippines is invalid for US Law?
    My sister in law filipina is get married in US while she was still married here in the philippines.?

    Is there any rights for the Philippines Spouse for the case like this?

  39. Hi! I been married to an American guy/U.S Citizen for almost 2 yrs now. We are living in Cebu Philippines. I just want to ask if what is the right agency that I can inquire about my rights as a wife of an American man. He didn’t tell me that he was divorced but he was still able to get his Legal Capacity certificate here in the Philippines..so, I really wanted to know also if he was really divorced already because I didn’t see his divorce documents. He only told me that he tore off his documents because he was not happy that his ex-wife divorced him. I don’t even know if who is his rightful beneficiaries now since our marriage here in the Philippines.

    I hope you can enlighten me about this matter.

  40. I am a Filipina got married to an American citizen in Philippines. I am already a naturalized U.S. citizen. My husband filed a petition for a divorce. Now we are already divorced. How can I nullify my marriage in Philippines? How much do you think the fee would be and how many months is the process?

    • We understand that Philippine marriage annulments are granted by courts. The annulment process entails (1) A court judgment granting the annulment; (2) A certificate of finality issued by the court after the judgment and; (3) Annotation by the National Statistics Office (NSO) of the marriage certificate.
      As this falls under the jurisdiction of the Philippine Government, we can only suggest that you engage the services of a competent legal authority regarding your concerns.

    • To qualify for a spouse or fiancee visa classification, the petitioner and beneficiary must be unmarried or their previous marriages have ended through divorce, annulment or death.
      Please note that under Philippine law, any prior marriage is considered to be valid until annulled or one of the spouses has passed away.

  41. Hi,
    I am a filipina and married to a US citizen merchant marine for 7 years we got married in Philippines..i know i am overstayed and now my hubby and i we decided to live in US for good what kind of support documents do we need?thanks and i realy appreciate for the reply

    • Before you can apply for a spouse visa, a petition must first be filed on your behalf with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over the petitioner’s residence. Information regarding the requirements and procedures are available from the USCIS website at http://www.uscis.gov/portal/site/uscis.
      The USCIS office at Embassy Manila may also be contacted regarding this matter. The USCIS office (Window 25) is open for public inquiries on any workday between 8:00 a.m. to 12:00 noon. Future inquiries regarding this matter may also be directed to USCIS Manila by fax at (632) 301-2208 (Attention: Field Office Director) or by email at mphinquiry.cis@dhs.gov.

  42. I am married to an American we have been together 2 years but only married a few months! After we got married he has started to abuse me so much mentally AND PHYSICALY!!! I really have no family here or around except my son who is 3 yrs old!!! I don’t know what to do!!! My son is American an I wanted to apply for citizenship but don’t want to die from abuse in the process!!! If I divorce him or choose to leave before attempting to file for anything will I be deported? And what are some options I have please help!!! He controls everything I do and I can’t take it anymore I jus want to take my son and go!

  43. hi,i came here last November on an CR1 visa. I applied for the US Social Security Card but the last name was still Abaya,me and my Husband got married in the Philippines last 2011.i went back to the Social Security Office to change my last name and brought my Authenticated Marriage Certificate From NSO to the Social Security Office,after waiting for an hour they called my number just to tell me that what i gave them was just a Xerox copy of they original.the Certificate is on NSO security paper and i cannot prove them that NSO issue that Certificate to me.they said there is no water marks or dry seal on the paper.what should i do to satisfy their requirements?please help.i cannot apply for a driver`s license with my married name on it until i change my Social Security Card.

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      We suggest that you contact the Social Security Administration (SSA) office in Manila at fbu.manila@ssa.gov regarding your concerns.

  44. Hi, just want to ask. How long can I get back to philippines? Me and my Mom will be leaving soon for San Antonio Texas. My mom will get married soon there. Our visa has been approved already. Her fiancee will get the two of us by April. How long should I stay in Texas before I can visit the Philippines? In connection with this I’d like to ask if I am allowed to petition my girlfriend too? Is it better to marry her in the Philippines or we will just process a fiancee visa for her? Hope to hear some advice from you. Thanks!

    • Thank you for your interest in the VISAtisfied Voyager. For specific information regarding your visa acse, we request you to send an email to IVManilaReplies@state.gov, with your complete name and that of the principal applicant’s, name of the petitioner, and the 10-digit visa case number clearly indicated.

  45. Hello,
    I am a U-visa card holder in the USA and I got married to an American citizen who is an active duty soldier for the US Army. What do I need to file in order to become a US resident and then Citizen?

    • Applicants intending to immigrate to the U.S. must first become the beneficiary of a petition filed on their behalf with the U.S. Citizenship and Immigration Services (USCIS) office which has jurisdiction over the petitioner’s residence. Information regarding the requirements and procedures are available from the USCIS website at http://www.uscis.gov/portal/site/uscis. The USCIS National Customer Service Center (NCSC) may also be contacted at 1-800-375-5283 (toll-free for callers in the U.S.) regarding this matter.

  46. Hello Im geraldine Im married to a us citizen in march 2009 here in the philippines, he was us army before and we lived in okinawa japan in april 2010-march 2011 because he was stationed there, now hes in us finished in his military studying using his gi bill and I’m freelance model now here in the philippines. Now I save enough money to visit him in states would I be getting a chance to get a tourist visa even Im married to him? Im not doing the immigrant spouse visa becoz my husband is not stable yet in us and also my work is here in philippines. What can I bring to my interview if ever to prove that Im not really gonna migrate.

    • Geraldine, an applicant’s eligibility for a nonimmigrant visa is determined by a consular officer at the time of interview. In evaluating tourist visa applications, consular officers will look at each application individually and consider the applicant’s travel plans and ties outside the United States that will ensure departure after a temporary visit to the U.S. To qualify for a tourist visa, you should be able to demonstrate sufficiently strong familial, social, professional and economic ties to a country outside the United States that would compel return after your temporary stay in the United States. Ties are various aspects of one’s life that bind one to his/her country of residence, like one’s profession, employment, social and family relationships, and properties. You may refer to the Nonimigrant Visas website for information on how applications are evaluated. Thank you.

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