FAQ

As a rule, marriages are not performed in the premises of an American embassy or consulate. The validity of marriages abroad is not dependent upon the presence of an American diplomatic or consular officer, but upon adherence to laws of the country where the marriage is performed. Consular officers may authenticate foreign marriage documents.

• Generally shorter waiting period for K-1 than IR-1 (average total processing time of 6-9
  months for a K-1 visa and 9-12 months for an IR-1 visa);
• Unmarried minor children may be included without a separate visa petition.

STEP 2: File an application for a marriage license at the office of the Philippine Civil Registrar in the town or city where one of the couple lives. In order to apply for a marriage license, you will need:
Your U.S. passport;
The Affidavit from the U.S. Embassy;
A divorce decree or spouse’s death certificate, if previously married;
Proof that you have informed your parents if you are 22 to 24; or

• Proof of parental consent if you are 18 to 21.
  STEP 3: Get married!

However, for an IR-1 visa, you MUST be domiciled in the United States by the time your spouse appears for a personal interview at the Embassy.

NOTE : Active duty U.S. military personnel are considered to be domiciled in the United States while serving overseas.

IR-1 petitions are sent by the BCIS to the National Visa Center (NVC) in New Hampshire for review of the documentation.

( NOTE : Approval of a visa petition by the BCIS does not necessarily mean that a visa will be issued. ONLY A CONSULAR OFFICER AT THE EMBASSY MAY DETERMINE A PERSON’S ELIGIBILITY TO RECEIVE A VISA. For IR visas, the petitioner must submit an affidavit of support ( Form I-864 ) with the last three years of U.S. federal income tax returns. If the officer determines that the petitioner’s financial resources are insufficient to support the applicant, the visa will not be issued.)

STEP 2: The NVC will send the necessary forms to the spouse.

(You will be also be contacted and asked to complete the Affidavit of Support (Form I-864) and return it to the NVC, which will review it for completeness)

STEP 3: The applicant notifies the National Visa Center in writing when all of the required documents are ready. The NVC will then forward all of the relevant documents to the U.S. Embassy, including your Affidavit of Support.

STEP 4: After receiving the case from the NVC, the Embassy schedules an interview for the spouse with a consular officer. (It is NOT necessary for the U.S. citizen to attend this interview).

STEP 4: The Interview!
If the consul determines that the applicant is eligible to receive a visa, it will generally be delivered to the applicant’s residence by guaranteed courier service within a week after the date of the interview; OR
If the consul determines that the applicant is NOT eligible, the consul will either: 1) explain how the applicant can correct the problem and return for another interview or; 2) will give the applicant a written explanation of the ineligibility and return the petition to the BCIS.

• The U.S. petitioner’s prior marriage has not been legally terminated;
• The U.S. petitioner is unable to provide evidence of enough income or financial resources to support the spouse or fiancee/fiance.

In addition, the following may delay issuance of the visa:

• The Filipino spouse or fiancee/fiance has lived outside the Philippines for more than a year, but does not present police clearances from the other countries of residence;
• The petitioner did not submit separate petitions for each of the children of the Filipino spouse from a prior relationship (this applies only to IR-1 visas).
• The petitioner did not acknowledge in the petition the children of the Filipino fiancee/fiance from a prior relationship (this applies only to K-1 visas).

1. Documents to certify your nationality(passport, certificate of nationality, etc.)
2. Copy of the marriage law of your country
3. Documents to certify that you meet the requirements stipulated in the law of your country (identity card, birth certificate, etc.)

Regarding some foreigners (Korean residents in Japan, for instance), their own governments may not have records of their marriage status. In such a case, you may submit a written statement of the reason for being unable to submit the certificate of legal capacity to contract marriage and of the fact that you meet the requirements for marriage as well as the alien registration card on which your marriage status should be written. If the certificate of legal capacity to contract marriage is written in a foreign language, you have to attach to it a Japanese translation with the translator’s name and address.