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- Category: Romance and Marriage
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If your fiancée is Filipina, and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your Filipina Fiancée. After the petition is approved, your Filipina must obtain a visa issued at a U.S. Embassy or consulate on Roxas, Blvd. or in Manila or at Waterfront Hotel in Cebu City. The marriage must take place within 90 days of your Filipina entering the United States. If the marriage does not take place within 90 days or she marries someone other than you (the U.S. citizen filing USCIS Form I-129F Petition for Alien Fiancé), she will be required to leave the United States. I have know cases myself where the Filipina has married another and they have not deported her, somehow the other man was able to keep her there.
Until the marriage takes place, your Filipina fiancée is considered a nonimmigrant. A nonimmigrant is any foreign national seeking to temporarily enter the United States for a specific purpose. A fiancée may not obtain an extension of the 90-day original nonimmigrant admission.
If your fiancé (e) intends to live and work permanently in the United States, your fiancé (e) should apply to become a permanent resident after your marriage. (If your fiancé (e) does not intend to become a permanent resident after your marriage, your fiancé (e)/new spouse must leave the country within the 90-day original nonimmigrant admission.) For more information, please see, please note, your fiancé (e) will at first receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage creating the relationship is less than two years old at the time of adjustment to permanent residence status.
Note: Your fiancé (e) may enter the United States only one time with a fiancé (e) visa. If your fiancé (e) leaves the country before you are married, your fiancé (e) may not be allowed back into the United States without a new visa. For an excellent overview of immigration issues, please see the chapters and tables on temporary admissions and immigrants in the Immigration Statistical Yearbook.
Where Can I Find the Law?
The Immigration and Nationality Act (INA) is a law that governs the admission of people into the United States. For the part of the law concerning fiancé (e) (K-1) visas, please see INA 214. The specific eligibility requirements and procedures for applying for the fiancé (e) (K-1) classification are included in the Code of Federal Regulations [CFR] at 8 CFR 214.2(k).
Who is Eligible?
U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé (e) classification (K-1) for their fiancé (e). You and your fiancé (e) must be free to marry. This means that either of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé (e) in person within the last two years before filing for the fiancé (e) visa. This requirement can be waived only if meeting your fiancé (e) in person would violate long-established customs, or if meeting your fiancé (e) would create extreme hardship for you. You and your fiancé (e) must marry within 90 days of your fiancé (e) entering the United States.
You may also apply to bring your fiancé (e)'s unmarried children, who are under age 21, to the United States.
How Do I Apply?
To find out how you can apply to bring your fiancé (e) to the United States, please see Application Procedures, which will help you identify what you need to do. Fiancé (e) petitions are filed at the USCIS Service Center serving your area of residence.