Monday, September 2, 2013

Our Fiance (K1) Visa Saga: Chapter One

Our Fiance (K1) Visa Saga: Chapter One
LJ Salceda Schroeder

Even before John and I got married and to this day, I still receive e-mails seeking advice/tips/prayers/information regarding fiance visa a.k.a K1 visa. A few examples:

"Hi ate LJ!  Ask lang po about some ideas- paano po mag apply ng US fiance visa? salamat po! God bless."
please can you help me get some information about fiance visa in the US? I will be getting married soon also and I do not know how to process the papers. I hope to hear from you.

just wana ask, madali ba magfile ng visa? how did you do it? how much money did you spend? is it easier to go there or get married here? just want an idea what to do... my bf really doesn't know where to start... 

my gsto lang po sana akong itanong. may mareng friend po ako na my boyfriend na foreigner nagpaplano po cla na magpakasal,ano po ang unang ginawa nio para makapagfile  ng mga papers na mapunta ka po states? ano po ginawa ni Mr. nyo nong pumunta cya dito pinas? Sya po ba nagpunta sa american embassy? pls.po need ko lang po kasi malaman gsto ko lang po matulungan marengfriend ko,di po kasi alam gagawin nya.maraming salamat po!

Now that one or maybe two (not sure) of my cousins is/are dating an American guy as well-I've decided to recall, recollect and blog about John and yours truly's K1 journey. Hopefully, I'd be able to answer most, if not all of their (and yours too) visa related q's.

Disclaimer: I am in no way an expert on visa or relationship matters. For legal, official, up-to-date and first-hand info, always consult the experts or authorities. 

For the definition, types of visas, requirements, frequently asked q's, fees and the complete process, please refer to the US embassy website- or the United States Citizenship and Immigration Services website- What I will be sharing with you here is more on our personal experience when we applied for the fiance visa (different from the Tourist B1 or Spouse visa K3/IR1/CR1.) 

Prior to John popping the question and the ring, we knew with certainty that our relationship was heading towards marriage. With that goal comes TONS of hard work, patience, faith and resources. I started reading, researching and gathering the evidence or documents early on in our dating stage. It helped that I am an organized, detail-oriented and very sentimental person. I saved our chat logs, receipts, airline tickets and took lots of pictures. You will be needing majority of these as part of the evidence of your relationship- one of the requirements for the K1 application. (I always reminded John to save and send me a copy of our chats whenever I was ym'ing him from my phone because I can't do it in my phone.)

Note that K1 is a PROCESS. Sometimes stressful, overwhelming, draining, long and might take it's toll in a relationship, but rewarding if you make it to the next stage (marriage). Every case or application is different. USCIS usually gives a timeline as a guide not as a rule. Many factors can come up and affect your application along the way.

John proposed to me on January 05, 2011, during my second trip to the US. Another side note: meeting each other in person is another requirement for the K1 application. It doesn't matter where or how long basta magkita kayo ng mata sa mata. :) 

We filed our application end of January or early February 2011(my memory fails me when it comes to dates, that's why it helps to save docus). This is the first official part of the process- FILING OF K1 APPLICATION BY THE PETITIONER. John (the US citizen or petitioner) has to send the application (forms, additional documents and fee) to the USCIS in the United States (not the US Embassy in the Philippines) via snail mail. Most of the documents required are from the petitioner (John), however there are requirements from beneficiary (me) as well, such as passport pictures, biographic info (form G325A), letter of intent, etc.

FYI, you will encounter a lot of acronyms, terms, document types etc. as you go through the K1 process. Yung mga forms may mga letters pa sa huli like A,B,C,D at ina-update from time to time. Good thing is, there are plenty of resources and support groups on-line that you can turn to for answers, clarifications and to help keep your sanity. :)

Feb. 10, 2011, USCIS received and acknowledged our K1 application by sending us a notice on e-mail and a hard copy a.k.a Notice of Action (NOA1). By May 13, 2011 (3 months after our application) we got our coveted second notice- the approval (NOA2) in the mail. 

Note that this is NOT the visa approval, this is just the K1 application approval. Once the application is approved it will be sent to the National Visa Center or NVC. The NVC will then forward your approved documents to the US Embassy in Manila. 

It is rare for an application to be denied at the initial stage. The worst you can get is what they call a Request for Further Evidence (RFE) which could be a missing/updated/proper document.) Once you send what they want and they are satisfied with it, wait for the notice (or an update if you are signed up on their site), then upon approval you have the go signal to move on to the next stage.

While waiting for the approval or NOA2, we started collecting the rest of the requirements (proof of relationship, NBI, CENOMAR, proof of financial support etc.) for the forthcoming stages (medical and interview).  I also tried to squeeze in exercise and vitamins to boost my immune system in preparation for the medical exam. 

PREPARING FOR THE MEDICAL AND INTERVIEW (after receiving the NOA2), was probably one of the most stressful, arduous, challenging parts of the process. You see, while going through the K1, you are also hoping/trying to prepare for a wedding abroad, maximizing whatever time you have left with family and friends and in my case leaving my 
job of more than a decade and moving my stuff from my place to my mom's apartment.

(Gown-fitting with my gown maker, Ate Laila Ramos)

After the petitioner gets the notice of approval (NOA2) in the mail, the beneficiary will then receive an appointment letter (might take between two weeks to a month) stating that he/she is eligible to schedule for an interview at the Manila US Embassy. Mine arrived on June 15, 2011 (more than 1 month after our NOA2.) 

Prior to this you have to undergo the dreaded medical exam at St. Luke's Medical Center Extension Clinic (SLMCEC) in Manila. During our time, you can go on with the medical exam even without the hardcopy of the appointment letter from the Embassy and without scheduling for the visa interview, (you do need to have your Case Number which your petitioner can get by calling the NVC hotline in the US). However a new rule is now being implemented- you need to have a schedule for an interview at the embassy first before you can do the medical (walk-in and on-line appointment are both allowed at SLMCEC). Also, there is another set of requirements and fee for the medical exam that you will have to prepare/pay/bring at SLMCEC.

FYI: the steps, fees, forms change periodically that's why it's important to check the USCIS or Manila US Embassy website for updates.

The medical exam during our time (feels like ages ago) was a two-day visit. May 30, 2011 was day 1: I paid the fees, presented the requirements, waited for my turn for the vitals, blood draw, x-ray, physical, interview with the doc etc. May 31, 2011 was day 2:  vaccines and getting/reading the results. Some applicants get a positive result on the TB test and this can be one of the roadblocks you may have to face because the doctors will require you to do a re-test and medication that could last for months. Also if you had an annulment (bring your papers), they will require you to talk to a psychiatrist and if psychological incapacity on your part was the reason of your annulment- you will have to go through a psych exam. Be prepared for more time at the hospital and expenses. If everything goes well the first time, then you are (almost) at the end of the K1 visa journey. 

If you made it to this part, I highly commend you! Nevertheless there's MORE to come... It's not a saga for nothing!

Side note: K1 is not the visa for couples who plan to get married in the Philippines but would like to settle down in the US. You need the spousal visa for that. Although if you are a K1 holder you can both have a wedding in the US and once you have adjusted your status (AOS) or in the process of AOS with the appropriate documents you can go back and have a wedding in the Philippines. 

1 comment:

  1. The process does require patience. It's a marathon, not a sprint.