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US Fiancee/K-1 Visa Questions

Last activity 30 April 2019 by Greyone48

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Kimo Kiting

Hello
I have a Filipina girlfriend that I would like to bring to the US for a few months of vacation.

I am guessing that she wouldn't be granted a standard tourist visa so I am considering using the fiancee/K-1 option. 

Does anyone have any experience bringing Filipinas to the US on a fiancee visa?

> If we don't marry when she is in the US will I be able to get another K-1 Visa with a different girl in the future?
> Do you know what will happen if we don't marry and she decides to just stay in the US after the 90 visa expires?

Any other thoughts on how to bring a Filipina girlfriend for a visit to the US?

Thanks!

SHAWN_MEREDITH

You get two in your lifetime. Ned, at Philippine Dreams YouTube channel has a great episode on this subject. Hope this helps

Tim_L

I don’t think that i’d Go through the hassle of obtaining a “fraudulent K1” in order to get your girl to the US for a few months of vacation.

Have you ever met her and spent time with her in person? That is a requirement.

Further:
You must intend to marry each other. You must be able to show USCIS that you and your fiancé intend to marry each other.  If this is not your intent then this is not the right type of non-immigrant visa to use.  USCIS will require both you and your fiance to sign affidavits under oath.  These affidavits will state that you intend to marry each other within 90 days of your fiancé entering the United States.  In addition, you will also be explaining  how you met each other and how your relationship has developed over the time you have known each other.
You will also need to prove that you have a bona fide fiancé relationship with each other.  (This is generally shown through email correspondence, evidence of gifts, receipts and photos of the engagement ring(s), evidence of trips you have taken together, affidavits from family members and friends etc.
In addition, you can help prove the bona fides of your relationship by showing  Facebook posts from friends and family congratulating you on your engagement. (Yes, USCIS does know how to use Facebook and they do use it, and other social media sites and other sites (think Google, Twitter, LinkedIn etc.) at times, when investigating cases.)  Therefore, as an aside, be very careful about what you post on Facebook and other social media sites.  USCIS can use these sites to help make a determination in your case (without you being aware that they are doing this).  USCIS believes that these sites give it an excellent vantage point to observe your marital relationship.
You must also show USCIS that you are treating your engagement like a typical engagement in your fiancée’s home country.  If, for example, in your fiancée’s home country it is typical to have a formal engagement party then you should have one.  You need to make sure you comply with the cultural customs of your fiancée’s home country.  If this is not done then your case can be denied at the fiancé visa interview level.

As to your future K1 opportunities:
You must not have filed more than two fiancée visas in the past nor had an approved fiancée petition in the last two years.   Once again, a waiver is available but there is no guarantee that it will be granted.
USCIS will notify the person receiving the fiancé visa if the U.S. Citizen fiancé has had 2 previous fiancé visas or marriage visas approved in the past 10 years.  If this is your case then you should notify your fiancé of your prior petitions.  She needs to be completely aware of your past attempts to bring other fiancés or spouses into the United States.  If she is not aware of these past petitions and learns of them at the interview the case can be denied.

I think that I would play this correctly in trying to get her there. In my case, I can’t bring my GF over either as she doesn’t meet the stringent requirements of the US for a tourist Visa. It is what is so, I hang over here with her.

Kimo Kiting

Tim and Shawn,
Thank you both for your timely and helpful responses.  I watched the referenced YouTube video and read some of the material referenced in the video.   
I met my girlfriend online and we have spent several weeks together in the Philippines over the past 2 years but I don't expect that the relationship is likely to lead to marriage any time soon.  I am in agreement that the K-1 isn't the best option at this point.
Thank you both!

Greyone48

You will be responsable for her (and any relitives she brings) economically. They are looking for people who game the system and you may (if discovered) be made an example of. It is unwise to screw around with the k1 visa just in case you do find the right one someday... just saying.

lasvegan

You need so professional help! Don't leave anything to chance! Don't lie or try any illegal tactics because when you are caught you will be done in the Philippines!!! You might try calling Goby at Rapid Visa and explain your situation! While they handle mostly Spousal and fiancee visas they know the visa system inside out! If you have the funds you might try immigration about putting up a deposit in U.S. of $2000 and show tickets and all for return trip! I know that a Canadian friend of mine did that in Canada!

moonunit0103

My GF was denied a tourist Visa this week, despite her being a nurse, money in the bank, a valid passport with travel outside of the Philippines, and never overstaying her Visa.  She was about to take an OFW job in Germany, but spent 8 weeks with me back first of the year.  She is enrolled in Graduate School in midwifery this September, but the fact she was not currently working did it in.

I guess i need to return, since I still have a Visa valid until November 13.  I guess I need to get a plan to return.  Not sure if I want to stay there permanently, but I have accumulated so many motorcycles, sports cars, and boats, I need to sell some of the things in case it is an extended stay.  Things with motors go downhill fast if not used regularly.

Greyone48

Not at all sure if I see a question in all this. Good luck though.

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