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.

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

  1. Hi. i have been to the USA 2 times using a fiance visa filed by my ex-fiance. 1st time never worked out, and on my second fiance visa filed by the same petitioner, we tried to work it out but i decided to go back to Philippines because we always fight. But before i went back here last December 4 2011, i met a 77 year old man. He was introduced to me by a common friend of ours. We had a relationship which lasted for a month during my second stay there. He proposed to me and wanted to marry me but i told him i cant marry him because he was not my petitioner. So i went back home but until now he is still supporting me financially and we have a constant communication. He gave me an engagement ring before i went back home. My question is, can he petition me on a fiance visa even if he lives in a nursing home for 3 years now? Would it cost any trouble if we state that on our documents. He did not give up his apartment even if he has lived in a nursing home for 3 years now. I wish you can help me with this. Thank you and more power..

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

      The DHS/USCIS has sole authority over the filing and approval of visa petitions. You may wish to contact the USCIS National Customer Service Center (NCSC) at 1-800-375-5283 regarding the matter.  

  2. Hello!was juz looking online and found this site..:)
    I’m Nissan Joy Caskey,22,from Philippines.I have been married for one year and my husband is a US military.I am actually in Okinawa,Japan right now.I will be here for 3 or 4 years.Went here without any visa,juz my passport.I dont have any visa yet.I would juz like to ask some questions regarding how to get a US greencard and SSN also.Do you think I can get it while I am in here?And if so,how long do you think it would take and how much do you think it would cost for everything?And also,I’d like to ask what are the requirements for processing those.It sucks,coz i wanna start working soon but its juz that I can’t work without my SSN and to get that SsN,i think i need to get greencard first.I really don’t know know what to do.I am hoping you guyz can help me.Looking forward to hearing u.Thank you!:)

    • Thank you for your interest in the VISAtisfied Voyager.

      In order for you to obtain a greencard and a social security number, you need to be a Lawful Permanent Resident (LPR) of the United States. Your husband should file an immigrant visa petition on your behalf with U.S. Citizenship and Immigration Services (USCIS). For more information on visa petition filing and approvals, you may wish to contact USCIS National Customer Service Center (NCSC)at 1-800-375-5283.

  3. Hi, Im a filipina married to a american US citizen almost last september 22,2011 almost 2 years already. we have 7 months beautiful daughter and husband wants to bring me and our daughter to united states, but what i need to do can u plz help me out? first how to claim my daughter as a US citizen if she born here in philippines, does they give my daughter american passport or philipines passport to travel in united states.What type of visa do we need to apply for me as his spouse and visa to our daughter? and how long it takes to approve it? Do i need to get my daughter a philippine passport to travel to united states?

    • 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, a spouse of a U.S. citizen is considered an immediate relative (IR) and is eligible to apply for an immigrant visa under the IR1 category.

      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 to file an immigrant visa petition.

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

      For Consular Report of Birth Abroad (CRBA) and U.S. passport concers, you may wish to contact the Embassy’s American Citizen Services (ACS) Unit. The ACS Unit’s fax number is (632)301-2017, the phone number is (632)301-2000 extension 2555. Inquiries can also be made by email at ACSInfoManila@state.gov.

    • If your daughter has a possible claim to U.S. citizenship derived at birth from his/her U.S. citizen parent, she will not need a visa to enter the United States. You or your husband 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.

      Before you can apply for a spouse visa, a petition must first be filed with the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) office which has jurisdiciton 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. You or your husband may also wish to contact the USCIS National Customer Service Center toll-free at 1-800-375-5283 regarding this matter.

  4. Hi I’m pilipina I been in amireca one year and my son born in amireca 2012 then my husband he want to devorce on me and he said he going to send me back in Philippines with out my son because my son amirecan sitizen and my green card is only 2years he said he dont want to renew me,can he send me back in philippine that I have a son here in amireca?please help me I need advice..

    • Thank you for your interest in the VISAtisfied Voyager.

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

  5. Hi Im filipina married to American citizen here in Phil last 2011. He works abroad and he will just visit me here on his vacation but since Jan 2013 he have changed and we dont talk regularly anymore. Now I found out that since January 2013 he is cheating on me, go to another country and meet women there and sometimes pay for a escort service. I just want to know what is my right as his wife? They said US never acknowledge marriage here until he file a petition for me. What will I do now? Someone told me to go to US embassy and pass the marriage cert so US will acknowledge our marriage. Can I still go to US even if we are seperated because I want to find a job there now that he left me.

    • Hi Cathy. We have forwarded your inquiry to our American Citizen Services. Their team will send you a response thru your e-mail address. With regards to you finding a job in the US, we have various types of visas for working intents. You may learn more about them in the Non Immigrant Visa website

  6. Hi sir.i Have a difficult Question
    i have two daughter us citizen they born in korea and now we currently leaving in the philippines and my husband hes in state.Now we should go in the usa but sadenly happends my husband hes in jail for some reason.And now we really need to go to state because my mother inlaw want us to be there and they’re grand kids.Since my husband cannot work my pettetion about what happend what should i do and apply visa to go to state because i have to findout and visit my husband in jail.pls i need ur help so bad. Thank you for kindly

    • Hi Jackson. You mentioned that your kids are US Citizens, meaning they are not required to have visas when they enter US. With your above question, do you mean that you are the one who needs a US Visa? If your purpose is to visit/ travel to the US temporarily, you may opt to apply for a tourist (b1/b2) visa. The application procedures and requirements are provided in the Nonimmigrant Visas website. . You will be assessed by the Consular Officer based on your social, familial, professional, economic ties. To know more about Demonstrating Ties, you may read on our 214B Blog Post.

      • yes sir my kids are american citizen and they dont have philippines passport and yes i am the only one need visa.In my concern i do u think they will let me go to the states . but my bank statement is only for our plain ticket because he is not supporting us during that happend hes in jail.pls

        thank you NIVI

        • Hi Jackson. You will be assessed by the Consular Officer based on your social, familial, professional, economic ties. To know more about Demonstrating Ties, you may read on our 214B Blog Post.. The nonimmigrant visa application form often has sufficient information to enable an interviewing officer to make a determination as to whether an applicant would qualify for a visa. consular officers may not always look at supporting documents, unless there are points in the application form or in the interview that need clarification. Otherwise, decisions are made based on the interview and the information on the form.

  7. hi i just want to ask if what is my chance to get an IR1 visa coz iwent to the u.s last 2011 and work in a cruiseship met my husband and we got married 2002 i did’nt went home since then we had a daughter. last 2011 i went back to the Philippines and try to fix my papers I130 got approved and my interview will be next month. Are they going to denied my visa because i overstayed? Please help me….

    • Thank you for your interest in the VISAtisfied Voyager. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov with your complete name and the petitioner’s, your date and place of birth, and the 10-digit visa case number.

  8. Hi, I am a greencard holder since 2005 but last 2011 me and my american husband decided to move in to philippines for good with my 2 us american kids. My husband doesn’t really like the hot and humid weather And flooding area, he is thinking about going back to america, my question is what do i need to go back to US, i do have a 10 years US residence green card and ss number but been in the philippines for 1 and half years now without visiting back to US, what should i do? Do i need to get a new non immigrant visa?

    • Hi Vangie. You may apply for nonimmigrant visa. However, you may need to clarify first your immigration status with the U.S. Department of Homeland Security – U.S. Citizenship and Immigration Services (Window 25, any workday, between 8:00 and 12:00 noon) before a visa can be issued. The consular officer who interviews you will advise you if this applies to your case.

      Don’t forget to bring your Green Card.

      For more information on Nonimmigrant visa, you may check our blog post Nonimmigrant Visas.

  9. Hi. My husband hasn’t worked for like a year now but he’s going to start his new job in December this year. He hasn’t filed any taxes either. Can he file for a spouse visa for me when he’s just started his job? Or do we have to wait for a year or two so he can pay his taxes before petitioning me? Because they said he has to show at least one year of tax form before he can file for me. Is there any other way other than getting a co-sponsor to petition me? Thanks in advance.

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

      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.
      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.
      If your husband will petition you as a spouse, the petitioner is legally required to file an Affidavit of Support (Form I-864). If your spouse income is not sufficient to meet financial support guidelines, he may provide the same set of documents from a secondary sponsor who is also a U.S. citizen or legal permanent U.S. resident and domiciled in the United States. Although other people may assume joint legal responsibility with the petitioner as co-sponsors of the intending immigrant, an Affidavit of Support from the petitioner must still be submitted on behalf of the applicant.
      To ensure that intending immigrants are not likely to become public charges, petitioners should be able to demonstrate their ability to maintain an income at or above the prescribed Federal poverty guidelines for their prospective household sizes.
      For detailed information about the Affidavit of Support requirement and financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at: http://www.uscis.gov/portal/site/uscis. You may also wish to contact USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

  10. Hi im married with us american last march 2013Iam filipana lives here in philippines. what are the steps going to us with my husband? he said he applied my non immigrant and we will just wait for the result.thank you

  11. Hello! I have some questions. I’m a filipina and I’ve been married 1 yr and 3 mos to an american citizen. He already submitted the requirements for the spousal visa last december there in U.S., is it ok to go to the U.S. embassy and follow up the status of our application or no need to follow up? And if it is ok, where do we go? Can I follow up it here in the phils? or there in U.S.only? How long is the processing for the spousal visa? Second, if I get pregnant here while my spousal visa is in process, will they permit me to go? Or do i need to file again? Will that be a cause of the delayed? Thank you.

  12. Hi there!I just wanted to ask something. Before I marry my husband who is a US citizen, I already have a 1 year old daughter. We are now married for 7 years and he lived in the Philippines for 8 years already but he’s back in the US last year for a new job. My daughter think that he is her dad because my husband treat her as a princess and as his own. So I have a Filipina daughter 8 years old now and we have a son who is 5 now. We are currently processing our papers for the US. My question is, can I take my daughter with us without Adoption? We cannot afford adoption before because it cost too much. We don’t wanna leave her in the Philippines alone. Is there a way that we can go all together?? Thank you so much! Have good day!

  13. Hi my name is Jennalee I have been a greed card holder for the past 6 years I know that I can start preparing myself to take the citizen test but I have a question. I recently became engaged to a US citizen and once I get married does that automatically makes me a citizen or will I still have to take the citizenship test??

    • Hi Jennalee. We would like to address your concern the best we can. Unfortunately, it does not relate to Non Immigrant Visa issues. Please contact a lawyer or a legal adviser on this matter, as we cannot give you an answer for now.

      If you shall have any other concerns relative to NIV, please feel free to post again our page. Thank you.

  14. My husband left for U.S. as a tourist eventually he was able to have a working permit after 4months. He divorced me and i accepted it and sent me the divorce papers..he marry a U.S citizen and also divorced. Now he want me back to him and our son..he is permanent resident holder..is there a possibility that he can still get us? Thanks

  15. Hi! I have a question: I am married here in the US and my husband is an American citizen and now I have my conditional green card, this is my second marriage. My first marriage was in the Philippines and I just filed an annulment there, it may take 2 or more years. My question is would i be able to go back in the Philippines with my second husband even if I’m still legally married in the Philippines with my first husband? Would I get in trouble? Thank you

    • Hi Kate. We would like to address your concern the best we can. Unfortunately, it does not relate to Non Immigrant Visa issues. Please contact a lawyer or a legal adviser on this matter, as we cannot give you an answer for now.

      If you shall have any other concerns relative to NIV, please feel free to post again our page. Thank you.

  16. sir my girl friend is citizen U.S.A we loved each other and our relation is began on internet . can she apply my for U.S.A

    • Hi Adnan, thank you for your interest in the VISAtisfied Voyager.
      Applicants intending to live in the U.S. must have a petition filed on their behalf with the U.S. Citizenship and Immigration Services (USCIS) office. Information regarding the requirements and procedures is available from the USCIS website at http://www.uscis.gov/portal/site/uscis. The petitioner may also wish to contact the USCIS office which has jurisdiction over his residence or the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

  17. i hope you can help me with this. i was born in the US but i grew up in the Philippines. my wife and i got married last month before i came back here in the us and now planning to file a petition. she also has a 4 yr old son. we have been together now for 3 years and i know her since HIghschool. im planning to bring them here as soon as i can. My question is in the form i-130 they ask you about the address that we stayed together now my problem is we didnt live together in the same house because by the time we got married i already went back here. but i stayed and work there for 2 years because it is hard for me to leave them.

    • The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) has sole authority over the filing and approval of visa petitions. Information regarding the requirements and procedures is available from the USCIS website at http://www.uscis.gov/portal/site/uscis. You may also wish to contact the nearest USCIS office which has jurisdiction over your residence or the USCIS National Customer Service Center (NCSC) toll-free at 1-800-375-5283 regarding this matter.

  18. Good Day, I am a Filipina, 35 years old, single and never married. I have an american boyfriend who been here for 2 times. He want me to visit US this coming christmas vacation with a tourist visa, my question is, is it possible for me to be granted for tourist visa since I don’t have an accounts and or permanent job to show that i can afford to travel but he will shoulder all the expenses for my travel. Please help.

  19. Just wanna ask i am married to a us citizen early this year. 2013. My husband would wanna stay here for a while since i am not yet done with my studies and he would also try to enroll for a crash course around here while waiting for me before he applies for our I130 petition.And since he is gonna stay here, what kind of visa since i know he is only allowed for i think 21 days here or so, what kind of visa is he gonna need to stay here in Philippines with me for at least 8 months- 10 months max??
    Please let us know Thank you so.

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

      You need to contact the Philippine Bureau of Immigration regarding your concerns.

  20. I am a filipina and was married to a US citizen for 3 1/2 years. I am in the process of getting a divorce with my husband, I wanted to know that if my husband will still be held responsible financially for me and my oldest son whom he petitioned to come here in the US even if we are already divorced?

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

      In order for us to provide you with information regarding your son’s visa petition, we request you to send an email to IVManilaReplies@state.gov with the applicant’s complete name and case number clearly indicated.

      With regards to your husband’s financial support concern, we can only suggest you contact a competent lawyer to provide you with advise regarding your situation.

  21. my husband in jamaica we been married for 2 months now and im not working im getting ssi can he still get a green card im a us citizen i live in california i really want to know can he get a green card thank you for answer my question

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

      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 to file an immigrant visa petition.

      For detailed information about the Affidavit of Support requirement and financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at: http://www.uscis.gov/portal/site/uscis.

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

  22. hey there I am filipina got married to us foreigner this january 8 here in philippines.he is us military and his stationed in japan.I would like to ask what kind visa we apply to bring me in states? He only left 8 months to stay in japan then he come back to us to get another stationed there.thank you and hopefully can help me.

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

      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 or fiancé(e) to the United States.

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

  23. I have a question my husband and I were married here in the Philippines. He is a retired US Serviceman and was asked by my family if he needs to inform the US Embassy in Manila that he married a Filipina and is it hard for him to process a spouse visa when we live here in the Philippines?

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

      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 or fiancé(e) to the United States.

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

  24. Hi and good day Ma’am and Sir,
    My concern is about getting a fiancé visa in Japan . I am a Filipina with a Japanese permanent resident visa. I have a kid from my former Japanese husband. I would like to ask where and how should my American fiancé apply for k1 visa? And lastly, I would like to know what will happen to my Japanese permanent resident visa if I marry him in USA and decided to stay there for good?

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

      Your fiance should file the form I-129F on your behalf with the U.S. Citizenship and Immigration Services (USCIS) office, which has jurisdiction over their place of residence. The petition must be filed in the United States.

      Your fiancée 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 or fiancé(e) to the United States.

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

  25. My fiancée lives in the Philippines. We are planning to marry soon. What would be easier, to marry her in the Philippines and petition to get her a fiancé(e) visa or should i apply Fiance visa first before marrying her?and is it ok to marry her in the Philippines and file fiance visa?btw I’m a U.S. Citizen. Thank You God bless..

  26. hi..Good day. I am a filipina and has a fiancee living in USA. He is applying for a fiancee visa now. My concern is about the documents. what are documents or papers do I have to prepare in order for us to get married there in US as a civil wedding. I hope you could answer my concern. thank you very much!

  27. Hi my husband is US citezen we just got married here in Philippines last January 6, 2014. we want to apply the I-129F is it possible also to marry him in states? and this is the fastest application to be with him in states? kindly help us for what application we need to apply?

  28. Hi my husband and i were both Filipino and we have a daughter before we got married he went to the us last 2004 and we got married 2006 his still not a citizen but last december 2013 he applied for citizenship he says he can get us easily if his a citizen now his waiting for his interview after that he said he’s going to file us and his 2 kids underage how long does we have to wait to get our visa when he becomes a citizen some says 6 to 9 months if he’s already a citizen is this true i really need to know ty very much

  29. hi.my husband is a u.s citizen and we are married in the Phil.last August 2013.and he already file me a spouse visa application but we run into problems on what should be my middle name to be put in the form..cause the rule in the Phil if we are married already we will use our last name as our middle name.but in the U.s its different my husband wants to use my maiden name as my middle name cause it is what is written in our marriage certificate and since i already have my passport change status it did not match with the forms that my husband is filling in, in Phil.passport i am already using my last name as my middle name.that would make a problem with my application for immigration,please help me.Thank u.

  30. What if the guy that i petition from another country (we are married) didnt work out our relationship and i want another guy from the same country where i meet the guy that i petition first. I know we need to get divorce first but i wanna know if after the divorce,can i file another fiance visa for my new guy ?? (Same process that i did to my first husband)

  31. hi i am a widow of an american citizen and we married less than a year because he passed away and its already more than two years that hes gone..is there a chance for me to go his place in US?and what visa is good for me. please help me ..thank u

    • Hi Jero mae. You are welcome to apply for a visa if you intend to travel to the U.S. The type of visa you would need to apply for would depend on your purpose of travel. Please visit our website for information on U.S visas. If the purpose of your trip is only to visit the U.S. temporarily then you can apply for a nonimmigrant visa. Thank you.

  32. Im a US immigrant and married to a US citizen, our marriage didnt work out so we file a divorce jointly. Im married in the philippines, can i re marry in the philippines if my divorce would be approved here in the US?

  33. Hi Good morning Ma’am and Sir,
    My Name is Glenda and I’m married to US citizen last Jan, 2011 I’m here in the Philippines and we had 3 years old son he is also US citizen. My husband already file petition for me I-130 last June,2012 and its more than 2 years and 3 months our petition still pending in Vermont Service Center. My husband is visiting me again here in Philippines he is with me because I can’t go to US without visa. He is under disability pension in SSA he can’t work after the accident happen. He need to see doctor once a month. after 4 months staying here he needs to go back in US to see the doctor because he’s on pain. My concerns is can I go with him because he need me to be with him and his son also please help Us I really need your advise thank you

    • Hi Glenda. If you intend to have a temporary visit in the US,you may apply for a B1/B2 visa. To apply for the nonimmigrant visitor (B1/B2) visa, you need to comply with the requirements provided at the Nonimmigrant Visas website . Your eligibility for the visa will be determined by a consular officer at the time of interview.
      To qualify for the 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 her temporary stay in the United States. In general, nonimmigrant visa applications will be evaluated under Section 214(b) of the United States Immigration and Nationality Act, which states, in part, that every applicant for a nonimmigrant visa ”. . .shall be presumed to be an immigrant until (s)he establishes to the satisfaction of the consular officer, at the time of application for a visa, . . .that (s)he is entitled to nonimmigrant status. . . .”

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