Many people want to know which is better, to get married in the US or The Philippines. This article will explore the pros and cons of both.
Is it Better to Get Married in the US or The Philippines?
The answer is it depends on your situation and preferences. If your plan is to start a life in the Philippines then you should get married here. If you want to get your partner to the US asap then get a k-1 visa and marry her there. The K-1 fiancé visa may be faster than the CR-1 spouse visa, but it is more expensive and has fewer benefits. The CR-1 spouse visa may be cheaper and more convenient than the K-1 fiancé visa, but it requires you to get married in the Philippines and wait longer for the visa approval. The K-1 is faster but with the Spouse Visa, your partner can work in the US right away.
Spousal Visa vs Fiancé Visa
The k-1 visa is faster but the CR-1 spousal visa gives your spouse the right to work in the United States right away and it’s much cheaper (about half the cost). I’ve created a chart below to help you visualize the differences more easily.
Visa Comparison Chat
K-1 Finacé Visa | K-3 Spousal Visa | CR-1 Spousal Visa | |
Cost | $2,025 | $1410 | $1,200 ✅ |
Speed | 4-12 months✅ | 6-9 months | 7-10 months |
Affidavit of Support Required | Yes | Yes | Yes |
Wife Can Work Right Away in the US | No | No | Yes✅ |
Income Requirement | 125% Above Federal Poverty Line | 100% Federal Poverty Line✅ | 125% Above Federal Poverty Line |
Allows Multiple Entires to US | No | Yes✅ | Yes✅ |
Who Should Apply for the K-3 Spousal Visa?
The only reason someone should apply for the K-3 is if they don’t meet the income requirements for the CR-1 or K-1 visa. The K-3 visa has the same processing time as the CR-1 visa. It’s tedious and more expensive in the long run as the K-3 visa also requires the applicant to pay for a separate green card application fee and to apply for a work permit and a travel document after arriving in the United States. For these reasons, many embassies have stopped issuing K-3 visas altogether
How Do I Get a K-1 Fiancé Visa?
This is how you would go about getting a k-1 fiancé visa.
The First Step: Filing the Petition
You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
After USCIS approves the petition, it is sent to the National Visa Center (NVC). The NVC will give you a case number and send your petition to the U.S. Embassy or Consulate where your fiancé(e) lives.
The Second Step: Applying for a Visa
The NVC will mail you a letter when it sends your fiancé(e) case to the U.S. Embassy or Consulate. Once you receive this letter, inform your fiancé(e) to take the below-listed actions to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Separate applications must be submitted for each K visa applicant, and each K visa applicant must pay the visa application fee.
Required Documentation
You, the foreign citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:
- Completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-2 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview.
- A passport valid for travel to the United States and with a validity date of at least six months beyond your intended period of stay in the U.S.
- Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
- Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
- Medical examination (vaccinations are optional, see below)
- Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
- Two (2) 2×2 photographs.
- Evidence of relationship with your U.S. citizen fiancé(e)
- Payment of fees, as explained below
Note: The consular officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.
Medical Examination and Vaccination Requirements
In preparing for the interview, applicants will need to schedule and complete a medical examination. Before the issuance of an immigrant or K visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. You will be provided instructions regarding medical examinations from the U.S. Embassy or Consulate where you will apply for your visa, including information on authorized panel physicians.
K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of a legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.
Proof of Financial Support and Affidavit of Support Forms
During the visa interview, applicants will be required to present evidence to the consular officer that they will not become a public charge in the United States. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).
The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.
Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?
- Form I-134 and Form I-864 are different types of Affidavits of Support that are required for some immigrant visa applicants and nonimmigrant fiancé(e) visa applicants. They are used to show that the applicant has adequate means of financial support and is not likely to become a public charge1.
- Form I-864 is required for most family-based immigrants and some employment-based immigrants. The sponsor must be a U.S. citizen or lawful permanent resident (LPR) who is at least 18 years old and domiciled in the United States or its territories. The sponsor must also have an income of at least 125 percent of the federal poverty guideline for their household size
- Form I-134 is required for nonimmigrant fiancé(e) visa applicants and may be required for other nonimmigrant visa applicants. The sponsor must be a U.S. citizen or LPR who is at least 18 years old and domiciled in the United States or its territories. The sponsor must also have an income of at least 100 percent of the federal poverty guideline for their household size. There is no need to provide a tax return or other documents for Form I-134.
- The federal poverty guidelines are updated annually by the U.S. Department of Health and Human Services (HHS). The current poverty guidelines for 2023 can be found on the HHS website. The U.S. Department of State also provides a poverty guidelines calculator to assist sponsors in determining their income eligibility.
- If the sponsor’s income is insufficient, they may use their assets or the assets of the applicant or other household members to meet the income requirement. The assets must have a cash value of at least five times the difference between the sponsor’s income and the poverty guideline for their household size. For example, if the sponsor’s income is $10,000 below the poverty guideline for a household of four, they would need to have assets worth at least $50,000 to qualify.
- If the sponsor’s income and assets are still insufficient, they may seek a joint sponsor who meets the same eligibility criteria as the sponsor and is willing to accept joint financial responsibility for the applicant. The joint sponsor must also submit a separate Affidavit of Support form and supporting documents.
- The sponsor and the joint sponsor, if applicable, are legally obligated to support the applicant until they become a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act. If the applicant receives any designated federal, state, or local means-tested public benefits, the agency providing the benefit may request reimbursement from the sponsor or the joint sponsor.
I hope this information helps you understand the income requirements for Form I-134 and Form I-864. If you have any questions, please let me know. ????
- Filing an Alien Fiancé(e) Petition, Form I-129F
- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
- Medical examination (required for each K visa applicant; costs vary from post to post)
- Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status
For current fees for the Department of State, see US Dept of State
Income Requirement
Your income must be at least 125% of the federal poverty line for your state. This is to prevent your bride from becoming a public charge and the taxpayers having to support you two. The income requirement changes every two years. As of 2019 the income requirement to be issued a k-1 visa is per the USCIS:
For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands:
Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
---|---|---|
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
2 | $16,910 | $21,137 |
3 | $21,330 | $26,662 |
4 | $25,750 | $32,187 |
5 | $30,170 | $37,712 |
6 | $34,590 | $43,237 |
7 | $39,010 | $48,762 |
8 | $43,430 | $54,287 |
Add $4,420 for each additional person | Add $5,525 for each additional person |
For Alaska:
Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
---|---|---|
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
2 | $21,130 | $26,412 |
3 | $26,660 | $33,325 |
4 | $32,190 | $40,237 |
5 | $37,720 | $47,150 |
6 | $43,250 | $54,062 |
7 | $48,780 | $60,975 |
8 | $54,310 | $67,887 |
Add $5,530 for each additional person | Add $6,912 for each additional person |
For Hawaii:
Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
---|---|---|
For sponsors on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
2 | $19,460 | $24,325 |
3 | $24,540 | $30,675 |
4 | $29,620 | $37,025 |
5 | $34,700 | $43,375 |
6 | $39,780 | $49,725 |
7 | $44,860 | $56,075 |
8 | $49,940 | $62,425 |
Add $5,080 for each additional person | Add $6,350 for each additional person |
How to Get a CR-1 Visa
A CR-1 visa is an immigrant visa for a spouse of a U.S. citizen who wants to live and work in the United States permanently. To get a CR-1 visa, you need to follow these steps:
First, your U.S. citizen spouse must file a Petition for Alien Relative (Form I-130) with the U.S. Citizenship and Immigration Services (USCIS) on your behalf. This form establishes your relationship and your eligibility for an immigrant visa. You can find the instructions and the form on the USCIS website.
Second, after USCIS approves the petition, they will send it to the National Visa Center (NVC), which will assign you a case number and ask you to pay the required fees. You will also need to submit an Affidavit of Support (Form I-864) and other supporting documents to show that your U.S. citizen spouse can financially support you in the United States.
Third, after NVC reviews your documents, they will schedule an interview for you at the U.S. Embassy or Consulate in your country of residence. You will need to bring your passport, medical examination results, and other required documents to the interview. You can find the list of documents and the interview instructions on the U.S. Department of State website.
Fourth, if the consular officer approves your visa, they will stamp your passport and give you a sealed envelope containing your visa packet. You will need to present this envelope to the U.S. Customs and Border Protection (CBP) officer when you arrive in the United States. You will also need to pay the USCIS immigrant fee online before or after your arrival.
Fifth, after you enter the United States, you will receive your green card (permanent resident card) by mail within a few weeks. Your green card will be valid for two years, and you will have conditional resident status. This means that you will need to apply to remove the conditions on your residence (Form I-751) within 90 days before your green card expires. You can find more information on the USCIS website.
I hope this helps you understand how to get a CR-1 visa.
How Long Does the Visa Process Take?
Please note that the visa processing times are only average estimates for all applicants. Your visa may take more or less time than these estimates and no visa agency can speed up your visa approval.
- The CR-1 Spousal visa takes 7-10 months
- The k-1 Fiancé visa takes 4-12 months
If I Get Married in The Philippines is it Legal in The US?
Yes, so long as the marriage is legally recognized in The Philippines it will also be valid in the United States. However, you must go through the immigration process in order for your marriage to be recognized in the US. Getting married to an American citizen doesn’t guarantee a green card.
How Do I Get Married in The Philippines?
Congratulations! Filipinas make wonderful wives. Being with a Filipina is the best that’s ever happened to me! First all tell you the traditional way to get married and then give you a shortcut.
Here’s what you need to get married in the Philippines.
Legal documents
- Birth certificates
- Certificate of Legal Capacity to Contract Marriage OR Affidavit in Lieu of a Certificate of Legal Capacity
- CENOMAR (Certificate of No Marriage) for the Filipina
- Identification documents (passports, etc.)
Steps
1 You need to have original copies of your birth certificate.
2. Make an appointment at the US Embassy/Consulate for an Affidavit in Lieu of a Certificate of Legal Capacity to Marry. Note: You’ll need to book months in advance at the US Embassy.
3. Your Filipino partner will need to get a CENOMAR from the PSA. She’ll have to go to her nearest PSA office, fill out the forms and wait for her form to be processed
4. Fulfill her local government’s requirements. This is the tricky part. Each municipality has their own requirements. One couple I know was required to plant a tree before their local government unit would marry them. (yes I’m serious). You two will need to go down to her city hall to check their requirements to marry
The shortcut:
If one of you is an American you marry online and have it amortized in the Philippines. You may use my service to do this
Should You Use a Visa Processing Service?
It is possible to go through the 1,000 pages of documents it takes to get a k-1 visa yourself. However, recently denials have increased dramatically, processing times have slowed, and the government isn’t as lenient as it once was. That means you need to make sure all your t’s are crossed and your i’s are dotted. Use a visa service today to help you.
I just want to ask if my american boyfriend marry me here in the Philippines what visa should i apply for me to able to stay with him in the United States
The HHS poverty Guideline does not specify if that is monthly or annually. You show a poverty line of $16,910, but I believe it has been raised to $24,440. Either way, neither site says if this is monthly or yearly. If you can, please tell me which it is.
It’s your annual income in US Dollars. The current minimum income requirement for two people (man and wife) is $21,450 per year
Thank you for the information. The next question is the amount required to deposit in a bank. It’s confusing because the information is from sites that claim to be lawyers. One site said that we have to deposit $50,000, another site said it is $20,000, and another site said it $20,000 but if we are prior or retired military, we only need to deposit $1500. I’m retired Navy and would like to retire there.
The deposit depends on your situation. I sent you an email.